While both asylum and withholding of removal are potential defenses to
deportation, there are some significant differences between the two forms
of relief. Let’s start with the similarities first. Asylum and Withholding
of Removal are both applied for on the form I-589. They both state that
the applicant is afraid for his or her life to return to his or her home
country and they are both forms of protection against deportation. Additionally,
they both require a showing that the persecution or harm the applicant
fears is on account of one of the following grounds:
- Race
- Nationality
- Religion
- Membership in a particular social group
- Political opinion
Now for the differences: Difference # 1: The benefits. Asylum is better
than Withholding of Removal! If you are granted asylum, any of your family
members who are in the United States and whom you included in your asylum
application also may be granted asylum. If you have been granted asylum
and you have eligible family members who are not in the United States,
you also can file a petition to bring them to the United States. After
a certain period of time, individuals who have been granted asylum can
apply for lawful permanent residence, and, later, citizenship. On the
other hand, withholding of removal is available to those individuals who
can establish that being removed to the proposed countries would “more
likely than not” result in persecution on account of race, religion,
nationality, membership in a particular social group, or political opinion.
However, it is important to keep in mind that the individual still can
be removed to a third country if doing so would not threatened his or
her life or freedom. Additionally, unlike asylum, withholding of removal
does not provide any relief for an eligible individual’s family
members, whether they are in the United States or in another country.
Those who receive withholding of removal relief also do not become eligible
for lawful permanent residence or citizenship. However, an individual
who is granted withholding of removal can apply for work authorization
in the United States. Difference # 2: The one year filing deadline. To
be eligible for the asylum benefits above, you must file your case within
the time limit of one year. There are certain exceptions to the one year
bar, so please feel free to contact a lawyer to discuss those. But if
you are afraid for your life to return to your home country, please submit
your application within your first year in the US. Withholding of Removal,
on the other hand, does not have any filing deadline. Difference # 3:
The Standard. Asylum is easier to prove than Withholding of Removal. Asylum
requires a showing of a “well founded fear” of persecution,
which is defined as a 10% likelihood of persecution, while Withholding
of Removal requires a showing that it is “more likely than not”
(or greater than 50%) that that the applicant would be subjected to persecution.
The California immigration attorneys at
Landerholm Immigration, A.P.C., are dedicated to defending those who are facing removal from the United
States, no matter your circumstances. Since we focus our efforts solely
on deportation defense law, we have the knowledge and experience necessary
to efficiently and effectively evaluate the facts of your situation, present
your various options, and build a strong defense on your behalf. Asylum
and withholding of removal are only two of the defenses that are potentially
available to you in your removal proceedings. Make an appointment with your
California deportation defense attorneys
and learn how we can assist you with your case.
