Charlotte Withholding of Removal Lawyer

Under United States law, the government will not return a person to a country where they are likely to face persecution. Some individuals can apply for asylum; however, not everyone qualifies. 

If you are ineligible for asylum, it may be possible to apply for withholding of removal. If you think you qualify, contact a Charlotte withholding of removal lawyer, as they may be able to help you with your asylum case.

What Is Withholding of Removal?

Withholding of removal is a form of relief for a person facing persecution in their home country. It applies when an individual has been ordered to be removed from the United States but an immigration judge recognizes that they would likely face persecution if they returned to their home country. 

The removal order is then “withheld” and not enforced, allowing the individual to remain in the United States. An experienced attorney in Charlotte can provide advice on withholding of removal cases. 

How Is Withholding of Removal Different From Asylum?

Both asylum and withholding of removal are forms of relief for individuals who have experienced persecution or fear persecution, but they differ in key ways. The main difference is that withholding of removal gives the individual fewer benefits than asylum. For example, someone granted withholding of removal cannot later apply for citizenship, while an asylee can. 

They also will not be granted a work permit. Withholding of removal is not a permanent status, and the government may revoke it if conditions in the person’s home country change. A lawyer in Charlotte could help individuals identify if withholding of removal applies to their case.  

How Do You Apply for Withholding of Removal?

Only a judge can grant withholding of removal. Unlike asylum, withholding of removal cannot be applied affirmatively in Charlotte, but it can be used defensively if an individual is in removal proceedings. 

“More Likely Than Not”

As with asylum, withholding of removal requires a person to demonstrate fear of persecution; however, the standard is different. Asylum requires a well-founded fear of persecution, while withholding of removal requires that it is “more likely than not” that the individual will experience persecution should they be returned to their home country. Withholding of removal requires a more definite level of persecution and is harder to win, so seeking advice from a Charlotte lawyer is crucial.

Contact a Withholding of Removal Lawyer in Charlotte Today

Withholding of removal is a minimal status that does not offer a pathway to citizenship. It can significantly impact a recipient’s life, as it may mean the difference between being safe in the United States and being sent to a home country where they will face persecution. If you believe you could be eligible, contact an experienced Charlotte withholding of removal lawyer today who could help you stay in the United States.