Anyone know anything about Withholding of Removal?

[mamita3]

Hello to All! I have been doing a little research about different kinds of status in the U.S. and came across "Withholding of Removal." Does anyone know who is eligible for this kind of status, what the surrounding situation may be, and is it similar to asylum??? I was just throwing this out there to see if someone can help me out in better understanding this kind of status. Thank you!:)

[Laura]

Hello to All! I have been doing a little research about different kinds of status in the U.S. and came across "Withholding of Removal." Does anyone know who is eligible for this kind of status, what the surrounding situation may be, and is it similar to asylum??? I was just throwing this out there to see if someone can help me out in better understanding this kind of status. Thank you!:)

From a quick search, I came up with this site (http://www.hooyou.com/asylum/establish_withholding.html).
Eligibility for Withholding of Removal:
"In General, the burden of proof is on the applicant to show that his life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion."

I hardly think that most of us have spouses from places where this could possibly apply... If you go to that link though, there is some information on the difference between asylum and withholding. I hope this helps...

[djones9714]

Here is a very good article which explains it in more detail.

http://www.jamesphowe.com/Immigration%20Law%20-%20Cancellation%20of%20Removal.htm

I spoke to an attorney about this and here is the one good point he made: Cancellation of Removal carries a HIGHER burden of proving hardship than a I-601 waiver.

[mamita3]

Thank you for your input!

[djones9714]

If you meet all of the requirements to attempt this, then you really have nothing to lose but money. If they deny it, ask for voluntary departure and then your husband will go back to his home country and file the I-601 waiver. However, before you go for cancellation of removal, get your approved I-130 first. This is very important. Without it, you have very little chance. I am assuming you are a U.S. citizen and your husband has been here for 10 years.