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Withholding of removal is an alternate form of relief for a person who fears persecution in their home country. It requires higher standards than asylum and can be granted by the Immigration Judge only. The person has the burden of demonstrating that it is more likely than not that he or she will face persecution on account of a protected ground if returned to his home country. Withholding of removal is not subject to a one-year filing deadline and may be available for applicants who have been convicted of an aggravated felony. In contrast to asylum, which is a discretionary form of relief, withholding is mandatory if the applicant meets the clear probability test. An applicant who has won withholding does not receive as many benefits as an asylee. The person can seek work authorization but is not allowed to adjust status to become a legal permanent resident and thus cannot become a citizen. The person can never travel internationally, and does not have the ability to petition for derivative status for immediate relatives.

To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269 (Woodbridge Office). You can also email us at