Withholding of Removal

To apply for this category, a foreign national must prove that his or her way of life is threatened in regards to religion, nationality, race, affiliation with a certain social group, or a political opinion within the foreign national’s country. It is different than asylum in the way that a foreign national is only permitted the right to not be moved to a certain country, along with the fact that applicants do not have the right to apply for a green card. In fact, those who apply successfully for the withholding of removal will have a notice to remove them from the country if and when they decide to travel outside of the U.S. While most applicants will apply for both asylum and withholding of removal, they may not qualify for the asylum if the one-year deadline to file was missed. In this case, an immigration judge may consider the applicant for withholding of removal, as there is no deadline for completion.

Convention Against Torture

With Convention Against Torture, you must be able to prove that you cannot return to a country due to potential torture. If you are eligible, the U.S. government cannot and will not deport you, as stated under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). There is no need to establish that the abuse will occur based on one of the five bases (religion, nationality, race, affiliation with a certain social group, or a political opinion), which means that proving convention against torture can be incredibly difficult without a seasoned immigration lawyer. The key to proving your case is to display that torture is “more likely than not” bound to occur.