Asked in Immigration Law for California

Q: Hello if i want to apply for the form of i-589 what is the meaning of withholding of removal? thanks

I dont understand the exact meaning of withholding of removal in wich case should i check the box?

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2 Lawyer Answers

A: Hello,

Withholding of removal is for people in U.S. Immigration Court proceedings who do not qualify for asylum for various reasons, but who can still prove that they are at risk of persecution if they are sent back to their home country. As you likely have noticed, there are many complex questions on the I-589 form (and most immigration applications), and the wrong answers can result in denial and even deportation. Therefore, I strongly encourage you to seek the advice of a licensed immigration attorney experienced in asylum cases before submitting your application if at all possible. (Even if you already filed, you sometimes can make amendments at the interview or first court hearing, so it is still important to get professional advice.) If there is some reason that you cannot afford even the cost of a consultation with a private attorney, a list of attorneys and organizations who sometimes take cases at reduced rates or pro bono is available at http://www.justice.gov/eoir/probono/states.htm.

Best wishes,

Jennifer

A: Hello:

Withholding of Removal can only be applied for in Immigration Court and it is actually a harder burden to prove than asylum.

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