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Withholding of Removal

Garden City Immigration Lawyer Serving Nassau County

Cancellation / 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.

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 attorney can help determine your eligibility for withholding of removal and walk you through the process, step-by-step.

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.

Factors That Can Prevent Applying For Withholding of Removal

  • Persecution of others
  • Terrorism
  • Past convictions of serious crimes
  • Commission of a serious nonpolitical crime in another country

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 the 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.

Please keep in mind that if circumstances in your country change, the government can terminate your withholding of removal at their discretion.

Can I Apply for Withholding of Removal and Change Status?

Unfortunately the withholding of removal does not allow an individual to change their status. One cannot obtain a green card , lawful permanent residency, or citizenship via adjustment of status. However, there may be a way to change status if you have a relative who is a citizen of the United States or is currently a lawful permanent resident. Those who wish to change status after being granted withholding of removal consult with an immigration attorney to fully understand their available options.

Learn More About the Withholding of Removal Process

Our firm is proud to offer initial consultations to potential clients who are interested in discussing their eligibility and how to proceed with applying for withholding of removal. We know how important this case is to you, and we are dedicated to delivering representation that is personalized, effective, and responsive. Clients all across the New York City Metro region are welcome to talk to us.

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Threatened with deportation? Call our firm at (516) 806-4070 and we can help guide you through the process for withholding of removal and change of status if you are eligible.

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