Boston Withholding of Removal Lawyer

Withholding of removal is a type of protection granted by the United States government for refugees to remain in the country if they face torture or persecution. While withholding removal and asylum are both forms of relief for refugees fleeing their countries to escape persecution, there are differences in the requirements. 

Those seeking withholding of removal have a higher standard of proof in demonstrating they would likely face violence and physical harm should they return to their home country. When you need assistance and sound legal guidance to apply for status, contact an experienced Boston withholding of removal lawyer to schedule an appointment. One of our asylum and deportation attorneys could use their experience to help you navigate this process. 

What is Removal? 

“Removal” is the legal term used by the U.S. government to refer to deportation. It is the U.S. procedure for removing someone from the country, such as those living here without a visa. The deportation process may also be triggered when immigrants face criminal prosecution for committing a crime.  

Removal from the U.S. is often traumatic for the immigrants and their family members who still reside in the country, and building a solid defense is essential. Those ineligible for asylum could meet eligibility requirements for withholding of removal status. 

For example, those denied for missing the strict one-year deadline could be eligible. Furthermore, those denied because of specific past criminal actions could also qualify. A knowledgeable attorney in Boston could go through the procedures and help determine how you may be eligible for withholding of removal status.

The Withholding of Removal Application Process

Withholding of removal, which is an alternative process to asylum, allows people to request relief from the U.S. government and remain in the country. Applicants may also file for both at the same time if they wish. Refugees must complete and submit the required form for review. 

The Withholding Application found on the U.S. Citizenship and Immigration Services website allows people to petition for Asylum, Withholding of Removal, or both. They must also provide evidence to establish the genuine threat of torture if they return home. 

The Convention Against Torture is international human rights legislation to prevent cruel treatment around the world. While there is a higher bar to establish the threat of persecution under this process, some may qualify even when they fail to be eligible for asylum.

Eligibility to Qualify for Status

For the U.S. to grant relief under withholding or removal, the applicant must establish that deportation could lead to violence or torture based on their race, nationality, religion, politics, or membership to a particular social group. The applicant must also provide evidence to establish beyond doubt they face human rights violations, including the following: 

• Documentation of torture inflicted upon them in the past 
• Proof of an abundance of human rights violations being committed within the country of removal 
• Evidence and relevant information regarding the conditions and treatment they experienced 

Unlike asylum, which can be granted by either the Asylum Office or the Immigration Court, withholding of removal is exclusively granted in the Immigration Court. Therefore, it is extremely important to work with an attorney familiar with the Boston Immigration Court and the Chelmsford Immigration Courts, where judges make decisions for all withholding of removal applications for Northern New England.

A seasoned lawyer in Boston understands the stress of your situation and could help review your options to determine the most fitting for your unique circumstances in a withholding for removal case.

Connect With a Boston Attorney About the Withholding of Removal Process

While receiving a denial of asylum status is frightening, please remember you could be eligible for withholding of removal status. When you face a credible and establishable fear of persecution, violence, or torture, you may have options to remain. International legislation protects qualifying refugees facing persecution and violence. 

Further, U.S. laws require judges to grant status when the legal standards to prove the threat of credible danger are present. A compassionate and qualified Boston withholding of removal lawyer could help you through the process and relieve some stress of navigating the challenging system. Call soon to schedule a consultation and review your options.