Withholding of Removal Services
Victoria Barr Law provides expert legal representation for individuals seeking withholding of removal, helping clients avoid deportation due to threats in their home countries.
Related Deportation Defense Services
What Is Withholding of Removal?
Withholding of removal is a form of legal protection granted to individuals who face persecution, torture, or severe harm in their home countries. If approved, this relief allows the applicant to remain in the U.S. but does not provide a pathway to permanent residency or citizenship.
Who Qualifies for Withholding of Removal?
- Facing Persecution: Applicants must demonstrate a clear risk of persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
- Non-U.S. Citizens: Those who do not qualify for asylum due to late filing or other restrictions but still face persecution.
- No Serious Criminal History: Applicants must not have been convicted of particularly serious crimes or pose a danger to the U.S.
Required Documents for Withholding of Removal
- Completed Application for Withholding of Removal (Form I-589)
- Personal declaration explaining fears of returning home
- Evidence of past persecution (medical records, police reports)
- Country condition reports and expert witness affidavits
- Supporting documents from human rights organizations
Withholding of Removal Process
- File the Application: Submit Form I-589 with supporting evidence to USCIS or the immigration court.
- Attend Master Calendar Hearing: Appear before an immigration judge for initial case review and scheduling.
- Prepare for the Individual Hearing: Present evidence, witness testimony, and legal arguments supporting the application.
- Immigration Judge Decision: The judge will either grant or deny withholding of removal based on case merit.
- Appeal (if necessary): If denied, file an appeal with the Board of Immigration Appeals (BIA).
Why Choose Victoria Barr Law?
- Expert Deportation Defense Attorneys: We have extensive experience handling withholding of removal cases.
- Comprehensive Case Preparation: We build compelling cases backed by expert testimony, evidence, and legal research.
- Representation Before Immigration Judges: We represent clients throughout hearings and appeals.
- Bilingual Legal Services: We offer services in both English and Spanish for clear and effective communication.
Seek Legal Protection Today
Our experienced attorneys are ready to defend your case and help you secure withholding of removal. Contact us for a personalized consultation today.
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Frequently Asked Questions About Withholding of Removal
Withholding of removal is a form of relief that prevents deportation for individuals who can prove they would face persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.
While both offer protection, withholding of removal does not provide a pathway to permanent residency and requires a higher standard of proof than asylum.
Individuals who can demonstrate a “clear probability” of persecution if returned to their home country due to their race, religion, nationality, political opinion, or social group membership may qualify.
Yes, withholding of removal can still be an option even if you are barred from asylum due to factors like missing the filing deadline or prior criminal convictions.
You need evidence of past persecution, credible testimony, country condition reports, and documentation that shows a “clear probability” of future harm if deported.
Yes, individuals granted withholding of removal are eligible to apply for employment authorization (work permits) in the U.S.
Yes, withholding of removal can be revoked if conditions in your home country change or if you are convicted of certain crimes in the U.S.
No, individuals with withholding of removal cannot travel outside the U.S. because leaving the country could trigger removal proceedings.
The timeline varies, but decisions on withholding of removal are typically made during removal proceedings before an immigration judge.
No, withholding of removal does not provide a path to permanent residency or a Green Card. It only allows you to remain in the U.S. temporarily.