Asylum vs. Withholding of Removal

 Posted on October 06, 2025 in Asylum

If you are facing the possibility of being sent back to a country where you think you will not be safe, you may be able to stay in the United States. Asylum and Withholding of Removal are both options that can protect you from deportation, but there are important differences between them. If you are in the Bay Area and need help with your immigration case, our San Francisco immigration attorneys are here.

What is Asylum?

Asylum is a form of protection for people who are already in the U.S. or at a U.S. port of entry and have a strong fear of being hurt or persecuted if they return to their home country. This persecution could be based on things like race, religion, nationality, membership in a certain group, or political beliefs.

To apply for asylum, you generally need to do so within one year of arriving in the U.S. However, there are exceptions to this rule. If you are granted asylum, you can stay in the U.S., apply for a work permit, and after one year, apply for a green card (permanent residency). You may also be able to bring your family to the U.S. if your asylum is approved.

What is Withholding of Removal?

Withholding of Removal is similar to asylum, but it works a bit differently. It is for people who are at risk of being sent back to a country where they fear persecution. The main difference is that, with withholding of removal, you must show that it is more likely than not that you will be harmed by the government if sent back to your home country.

Unlike asylum, withholding of removal does not allow you to apply for a green card, and it does not give you permission to work. However, it does protect you from being deported back to a country where you could be in danger.

What Are the Differences Between Asylum and Withholding of Removal?

Eligibility Requirements

To be eligible for asylum, you must show a well-founded fear of persecution based on race, religion, nationality, social group, or political opinion. You must apply within one year of entering the U.S. (unless certain exceptions apply).

To be eligible for Withholding of Removal, you need to prove that it is more likely than not that you will be persecuted if sent back to your home country. There is no deadline for applying, unlike asylum.

Benefits

Asylum allows you to stay in the U.S. and eventually apply for a green card. It also gives you the right to work and lets you bring your family to the U.S.

Withholding of Removal protects you from being deported, but it does not allow you to apply for a green card or work permit.

Application Process

Both asylum and withholding of removal require you to apply through the immigration courts. It is important to have a lawyer who understands the law and can help you present your case.

Facing Deportation? Our San Francisco Asylum Lawyers Can Help

If you are worried about being deported, call us right away at 214-506-0671. Our Bay Area immigration attorneys speak both English and Bengali, and we also have translators available for Spanish, Hindi, Punjabi, and Urdu speakers. We understand the challenges immigrants face, and we are here to provide clear and personal legal support to help you understand your options.

If you are facing deportation and need legal help with asylum or withholding of removal, contact Hafey & Karim today. Our team is here to explain the process, answer your questions, and fight for your right to stay in the U.S.