Immigration

Asylum, Withholding of Removal, Convention Against Torture

Asylum is granted by the United States government to those who fear being persecuted in their home country based on religion, race, nationality, membership in a particular social group, or political opinion that they hold. In order to be granted asylum, there are many requirements one must meet to prove that they are in fact in danger and fearful of being persecuted.

If you are afraid of being persecuted, you should apply for two alternative forms of relief in addition to applying for asylum:

  • withholding of removal, and

  • protection under the United States Convention Against Torture (CAT).

Even though the requirements that must be met for asylum can be difficult to meet, meeting the requirements of withholding and CAT protection can be even more difficult. Although you will need to prove that you will be persecuted or tortured, you will be able to gain more benefits than asylum offers.

Here are some of the advantages you may have when applying for withholding or CAT:

  • if you are eligible, you must be granted, the government official cannot make a subjective decision

  • you may be granted withholding or CAT protection even when the bars would prevent you from gaining asylum

So if you have any discretionary factors that may prevent you from being granted asylum, you may want to look into these alternatives we have provided you with.

What Is Withholding of Removal?
Withholding of removal is a type of order that bans the U.S. government from being able to remove you to a country where you will feel threatened due to your race, religion, nationality, political opinion, or membership in an exclusive group.

In order to be granted this order, you will need proof that you are a refugee and that your concern of being persecuted if you were to return to your country of origin is a valid one. As with asylum, if you can show that you have been persecuted in the past, it will serve as proof that you would be persecuted in the future from your country of origin.

What Is CAT Protection?
CAT protection is similar to withholding in that it is a form of relief that one must be given if all given requirements are met. Under this protection, the U.S. government cannot deport you to your home country where you could be put in danger or be tortured. In order to meet the qualifications, one must prove that he/she will be tortured if he/she is returned to his/her home country.

If you or a loved one needs to seek asylum in the United States, it is important to work with an experienced asylum lawyer to help you through which process would be most beneficial to you.

Schedule a Consultation Today

At the Law Office of Gary J. Kim, we take great pride in the personalized attention we provide to each of our clients.  We understand how challenging the process can be, and we will work with you through every step to help you through. To schedule your free initial consultation, call us at (213) 427-6262 or contact us online.