US Immigration Consultation - Witholding

Withholding of Removal is a crucial safeguard for individuals who face a high risk of persecution if returned to their home country. Unlike asylum, which requires proving a “well-founded fear” of persecution, withholding demands a higher standard of proof: applicants must show that persecution is more likely than not. This form of relief does not provide permanent residency or a path to citizenship, but it allows recipients to stay in the U.S. and work legally as long as the threat persists.

Another key difference between withholding of removal and asylum is that withholding offers limited benefits. For example, recipients cannot travel outside the U.S. or petition for family members to join them. However, withholding can be a lifeline for those who miss the one-year filing deadline for asylum or are otherwise ineligible for it. Given the complexity and high burden of proof involved, having a skilled immigration attorney can greatly increase the chances of success in withholding cases.