Nassau County Withholding of Removal Lawyer

Understanding Withholding of Removal: Key Insights

Cancellation and/or withholding of removal offers immigration relief to individuals who are at risk of deportation. If you qualify for withholding of removal, the United States government is prohibited from removing you to a country where your life or freedom is threatened.

Withholding of Removal vs. Change of Status: What You Need to Know

Withholding of removal and change of status are two important legal processes that may be available to individuals facing deportation or removal proceedings. Withholding of removal is a form of protection that allows individuals to remain in the United States if they can prove that they would face persecution or harm if returned to their home country.

Change of status, on the other hand, allows individuals to change their immigration status while in the United States, such as from a non-immigrant visa holder to a green card holder. This process can be complex and requires careful documentation and legal representation.

Our experienced attorneys at Kapoor Law Firm have helped numerous clients navigate the complexities of withholding of removal and change of status cases. We can assess your situation, provide guidance on the best course of action, and advocate on your behalf throughout the legal process.

Eligibility Criteria for Withholding of Removal

While this process is similar to asylum, in that you must be part of a protected group, it is harder to qualify for. There is a high standard of evidence and you must prove that you are a refugee and that there is a clear probability of persecution by a government or other group upon your return. At Kapoor Law Firm, our skilled deportation defense attorney can help determine your eligibility for withholding of removal and walk you through the process, step-by-step.

Impact of Criminal Records on Immigration Cases

If you are able to show evidence of past persecution, it is probable that you would face this same persecution in the future. Unlike asylum, withholding of removal is mandatory. This means that even if there are discretionary factors, such as conviction of non-serious crimes, they are not deemed relevant to your case.

How Am I Protected Via Withholding of Removal?

If your application for withholding of removal is granted, you will be able to stay in the U.S. with permission to work. While you will not be removed to a country where you face persecution, you can still be removed to another country that is considered to be safe.

Withholding of removal is person-specific, and other family members such as your spouse and children will not automatically be granted the same status simply because you have. You also are not allowed to travel outside of the United States, or you will not be able to return.

Can Withholding of Removal Be Revoked?

Unfortunately, this option does not offer complete protection or a way to obtain permanent residence in the United States. If the conditions in an applicant's home country improve, then the U.S. may terminate or revoke the withholding of removal and continue the deportation process. This may even happen years after the person is given protection.