Withholding of Removal: How to Apply

Withholding of Removal can be an effective way to stop deportation to your country of origin. A Consumer Law Group attorney can help you make your case.

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Home / Services / Withholding of Removal

Withholding of removal is a part of the asylum-seeking process. If you are in the United States to avoid persecution in your home country due to a protected status — like race or religion — you may be eligible for asylum in the United States, along with Withholding of Removal.

Withholding of Removal allows you to stay in the US potentially indefinitely, so long as you can prove that you have a greater than 50% chance of being persecuted in your home country. At Consumer Law Group, we are proud to help immigrants, asylum-seekers, and other residents with everything from documentation to court appearances.

The Withholding of Removal process can be difficult, as there are several requirements that applicants must meet in order to successfully change their status. Luckily, our team of attorneys is happy to help you navigate your asylum with more confidence.

  • Affordable cost: We know that many times, asylum-seekers do not have access to ample funds. That’s why we prioritize offering rates that are reasonable and affordable. Don’t let the cost of finding a Withholding of Removal lawyer stop you from finding the representation you deserve.
  • Bilingual service: Many communities seeking Withholding of Removal lawyers are bilingual, or communicate entirely in Spanish. We are proud to offer bilingual immigration lawyer services in both English and Spanish.
  • Real-world experience: Our team has worked with immigrants of many backgrounds and different challenges. At Consumer Law Group, we will bring our first-hand experience to your case to ensure you get the fair hearing you deserve.

Immigration Services

Consumer Law Group has a team of dedicated and focused immigration law attorneys. Find the right lawyer for your case, whether you’re pursuing a Withholding of Removal, applying for a Green Card, or are embarking on the path to citizenship.

Visa Lawyers

Consumer Law Group has a team of immigration and visa lawyers with the experience to help you make the best case possible. Whether you need help requesting Withholding of Removal, or with acquiring K-1 Visas, TN Visas, or H-1B Visas, our team of visa lawyers can help.

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FAQs

No, unlike asylum, Withholding of Removal is not discretionary.

In order to be found eligible for cancellation of removal, applicants who are Legal Permanent Residents must meet three criteria: (1) they must be a lawful permanent resident for 5 years, (2) they must continuously reside in the US for seven years, and (3) they cannot have been convicted of any aggravated felony.

Applicants who are not Legal Permanent Residents must have resided continuously in the U.S. for at least 10 years prior to the cancellation application. They must also not have been convicted of any serious crimes, and have a qualifying relative who is a U.S. citizen or Legal Permanent Resident. Applicants must also establish that the qualifying relative will suffer extreme hardship due to the removal of the applicant. Cancellation and Withholding of Removal travel restrictions also apply.

If you believe you satisfy the conditions listed above, you can apply for cancellation of removal by filling out and filing Form EOIR-42B. You will also be required to provide biometric information and a fee to the Department of Homeland Security.

If your cancellation of removal is granted, your status will revert to whatever the case was prior to the removal order being issued against you.

IIf your cancellation of removal request is denied, then you will be faced with a deportation letter from USCIS with an order of removal. In some cases, this can be appealed in immigration court — which is where a skilled Consumer Law Group attorney can be of service.

If you cannot appeal, or if your appeal is rejected, you may be removed to your country of origin.

The cancellation of removal processing time can vary significantly depending on your case. It may take as little as a few months, or as long as four years for your case to be processed and heard, and for a decision to be made.

In order to stop removal proceedings, you must file for a cancellation of removal or a Withholding of Removal. Cancellation of removals apply to the cases listed in the question above. Withholding of Removals apply to those who would face greater than a 50% chance of protected-class-based persecution if they returned to their country of origin.

Yes. Once you are granted asylum status, the United States still has the right to revoke that status if you violate one or more of a certain set of conditions:

  • The reason you feared persecution in your home country is no longer applicable
  • You have obtained asylum in another country and will go there instead
  • You have committed crimes or other acts deemed a threat to the United States
  • You recently obtained citizenship in a different country than your country of origin
  • You voluntarily returned to the country from which you had fled persecution

Whether you apply for asylum, withholding of removal, cancellation of removal, or protection under convention against torture depends on the exact situation you find yourself in:

  • Asylum: Asylum seekers can apply at any port of entry of the United States within one year of having entered the country. Asylum is a program made to protect those who are in danger of persecution in their country of origin due to belonging to a protected group, such as a racial, ethnic, or religious identity group.
  • Withholding of removal: If you have been issued a deportation letter from USCIS or an order of removal, you can apply for a withholding of removal to stop the removal process. Withholding of removal applicants must prove that they face a chance greater than 50% of being persecuted in their home country due to a protected status.
  • Cancellation of removal: Similar to a withholding of removal, a cancellation of removal permits a legal permanent resident or non-legal permanent resident to appeal their removal order. The requirements for LPRs and non-LPRs vary, as indicated above.
  • Protection under convention against torture: For those who are unable to apply for a withholding or a cancellation of removal, they can apply for protection in the United States under the convention against torture. It is a good option for immigrants who cannot qualify for asylum, but can still provide evidence that they may be tortured if they return to their country of origin.

EOIR stands for the Executive Office for Immigration Review. It is a sub-agency of the United States Department of Justice. The purpose of the EOIR is to conduct orders of removal in immigration court, as well as to make decisions on appeals against orders of removal, such as requests for asylum, cancellation of removal, withholding of removal, and protection under the convention against torture.

If you have successfully received a cancellation of removal, it should take two to four weeks for your green card to arrive.

The EOIR-42B is the Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents. It is the application for a stay of deportation or removal which must be completed and submitted in order to be considered for a Cancellation of Removal.

If you still have questions, be sure to find an immigration law attorney near you, or read our testimonials to find out how we’ve helped other clients in the past.

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