What is a “withholding of removal”?
In Virginia, “withholding of removal” is an immigration status given to an immigrant that allows them to remain in the United States without fear of deportation to their home countries. It is similar to “asylum” in that it is necessary for refugees and other immigrants who are fleeing persecution in their native countries. Withholding of removal is granted by United States Citizenship and Immigration Services (USCIS). It means that the immigrant is not required to leave the United States or return to their native country, but the immigrant does not have permanent legal status. The requirements for granting withholding of removal are similar to those of asylum, but stricter. Generally, an individual is eligible for withholding of removal if they can prove that they have a reasonable fear of persecution due to their race, religion, nationality, membership in a social group, or political opinion. Once the withholding of removal is granted, the immigrant can work in the United States legally, but can not receive certain federal benefits, including Social Security, Supplemental Security Income, and Refugee Cash Assistance. Furthermore, they will not be eligible for permanent resident status or United States citizenship. Therefore, withholding of removal provides immigrants with a temporary form of relief from persecution while still allowing them the benefits of living in the United States without the fear of deportation. It is a necessary part of any successful asylum application in Virginia.
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