Withholding of Removal and Alexandria Asylum

While one may not be aware of all the differences between withholding of removal and Alexandria asylum, a dedicated immigration attorney can help to show you this relationship and potential benefits that can occur from both. Become acquainted with the following information to learn more about the contrast between withholding of removal and Alexandria asylum, as well as the ways that a reliable Alexandria asylum lawyer can make a difference for you.

How Does Withholding of Removal Apply to Alexandria Asylum?

Withholding of removal is a benefit offered by an immigration judge where the applicant must establish that their life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, or membership in a particular social group or political opinion. This applies to asylum because individuals in removal proceedings who apply for asylum are also considered for withholding of removal under the INA and CAT.

When Withholding of Removal is Offered

Individuals are offered withholding of removal when they do not meet the eligibility requirements for asylum, whether it is the one-year deadline or firm resettlement or a criminal conviction that makes them ineligible for asylum. Applicants who have been found to be firmly resettled before coming to the United States are barred from receiving asylum, though they may still qualify for withholding. Additionally, an immigration judge may deny someone asylum on discretionary grounds, such as a history of non-serious criminal convictions.

Refusal of Withholding of Removal

If the applicant does not meet the legal standard by proving that the harm was on account of a protected ground or is ineligible on criminal related grounds, they will be denied withholding. The criminal related grounds barring someone from asylum also bar them from withholding. This includes a conviction for a serious crime, commission of a serious non-political crime outside of the United States, any reason to believe that the individual is a danger to the security of the United States, has participated in terrorist activities, or the persecution of others. These criminal bars to asylum are mandatory.

Comparison of Withholding of Removal Benefits to Asylum

Withholding of removal does not lead to lawful permanent resident status, and those granted withholding of removal are not eligible for all benefits under state and federal law. This includes receiving federal student loans. In some jurisdictions, those with withholding of removal are not eligible to apply for driver’s licenses. Although being granted Alexandria asylum is better because it leads to lawful permanent resident status, which can lead to U.S. citizenship, it is still important to consider withholding of removal, because this benefit will still allow persecuted individuals to remain in the U.S. and out of harm’s way.

Restrictions Regarding Withholding of Removal

Withholding of removal does not permit individuals to travel outside of the United States. It does not provide such benefits as state tuition, driver’s licenses, and other state benefits in certain jurisdictions. There is also no derivative in withholding of removal like asylum. In an asylum claim, if the principal receives asylum, their immediate family members acquire derivative asylum. This is not the case for withholding of removal. Each applicant will need to meet the standard of withholding of removal. There is also no one-year deadline for withholding.

If you require legal assistance regarding withholding of removal and Alexandria asylum, reach out to a knowledgeable Alexandria asylum lawyer today. A professional attorney can teach you about the differences between withholding of removal and Alexandria asylum, as well as which option could be the best choice for you and your loved ones.