Q: I'm in Australia if I come to the USA on a visa waiver program or tourist visa Can I apply for asylum
Or withholding of removal
Thankyou
A:
You can file for asylum if you have fear of returning to Australia. Asylum is very difficult to obtain here in the US. Most of my clients are from El Salvador and Guatemala, and it's already a high denial rate. Please speak with an attorney who can go through all the reasons why you're afraid of returning to Australia. If you're only filing for asylum to stay in the US for an extended period, your application will be found frivolous, and you'll be forever barred from the US.
Withholding is different. This is if you are referred to immigration court to be removed from the US. It doesn't give any status. It just keeps you from being removed.
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