Withholding of Removal is a benefit available to people living in the United States without citizenship who are at risk for being tortured if they return their home country, but do not qualify for political asylum. Because the immigration system is complicated and because Withholding of Removal only applies in certain cases, it is important to work with an experienced immigration attorney if this is what you are seeking. Emdin & Russell, LLP can help.
Restrictions on Withholding of Removal
People granted Withholding of Removal are allowed to live and work in the United States, even if they are not citizens, but there are restrictions. This is also not a pathway to citizenship, but instead suspends an order of removal that impedes adjustments to an immigration status.
There are other ways in which the Withholding of Removal is complicated and different from political asylum. For instance:
- People granted withholding of removal are required to pay a yearly renewal fee for employment authorization to work in the United States.
- People granted withholding are ineligible for some of the government benefits available to those here under political asylum.
- People granted withholding of removal cannot travel outside of the United States.
- The US government retains the legal right to deport people granted Withholding of Removal to a country other than their country of last residence. This is rare, but ICE does issue “Orders of Supervision” requiring people to check-in in person or by phone, and to request prior permission before leaving their state of residence. These required check-ins can sometimes last for years or be permanent.
In order to apply for Withholding of Removal, you must demonstrate you were previously tortured or that you are “more likely than not” to be tortured upon your return to your country of last residence. You must also prove the torturous act was or would be committed by that country’s government, government individuals, or an institution that government is unable to control.
Building a case for Withholding of Removal can be complicated and often requires resources to which individuals do not have access. Our immigration attorneys at the Law Firm of Emdin & Russell have worked with individuals at risk for torture, and we are able to build a strong case in your favor. You’ll need credible testimony and documentation that supports your claims, and there is a chance you might need to appeal the initial ruling. We can help you throughout the entire process.
Providing Legal Support to those Who Need It Most
Our goal is to provide quality legal representation to anyone facing the risk of torture in their last country of residence. We believe you should be treated fairly and with respect, even if you are not a United States citizen. Immigration policy changes on a regular basis and could easily change in the future. We’ll help you understand your options and choose the best path to living without fear of torture or deportation back to your country of origin.
For more information or to discuss your situation with an experienced Withholding of Removal attorney, contact the Law Office of Emdin & Russell at 212.683.3995.