Asylum / Withholding of Removal

To be eligible for asylum, an alien must establish that he or she is a refugee and that he or she is unwilling to return to his or her country because of persecution or a well-founded fear of persecution on account of political opinion, membership in a particular social group, nationality, religion, or race. An asylum or withdrawal candidate may meet that burden by demonstrating past persecution or a likelihood of future persecution.

In the Houston Immigration Courts, asylum seekers are a diverse group coming from more than one hundred different nationalities. In the immigration courts in and around Houston, TX, the largest group of asylum seekers come from El Salvador. Other nationalities seeking asylum include Honduras, Guatemala, Mexico, Romania, China, India, Nepal, Haiti, Ethiopia, Somalia, Eritrea, Egypt, and Cameroon.

Attorney for Asylum in Shenandoah, TX

If you are seeking asylum or withholding of removal, then contact an experienced immigration attorney in Shenandoah, TX, at Luis F. Hess, PLLC. For asylum and refugee matters, attorney Luis F. Hess handles a wide variety of cases pending before the Immigration Judge and the Board of Immigration Appeals in Houston, TX, and the surrounding areas.

Contact experienced Immigration Lawyer Luis F. Hess to find out more about the difference between asylum and the withholding of removal.

Call (281) 205-8540 today.


The Difference Between Asylum and Withholding of Removal

While asylum is discretionary, withholding of removal provides mandatory relief. Withholding of removal imposes a more stringent burden of proof on an alien than a counterpart claim for asylum because the alien must demonstrate a clear probability of persecution, rather than merely a well-founded fear of persecution.

In petitions for asylum examined under the lower standard of proof, if the judge determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence. 

To be eligible for withholding of removal, an applicant must prove that it is more likely than not that he or she will be subject to persecution on account of a protected ground should he or she be sent back to their homeland. The courts have found that the Attorney General may not remove an alien to a country if the alien's life or freedom would be threatened.

As for petitions for withholding of removal, an applicant's testimony may be sufficient to sustain this burden of proof without corroboration.

An "asylee" is defined as an alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality because of persecution or a well-founded fear of persecution. An asylee is eligible to adjust to Lawful Permanent Resident status after one year of continuous presence in the United States. Asylees residing in the country before their asylum application is accepted are typically ineligible for most forms of federal assistance and are not entitled to the assistance of refugee settlement agencies.


The Spouse Seeking Similar or Derivative Status

A person who is seeking asylum enters the United States and applies for asylum status after he or she is in the United States. For the spouse of the person seeking asylum to receive similar status, the spousal relationship must exist at the time the asylum application is approved. 

Likewise, a refugee is granted refugee status when he or she is outside of the United States. For the spouse of a refugee to receive admission as a refugee, the relationship must exist before the refugee's admission to the United States.


Additional Resources

Houston Asylum Office - Visit the website of the U.S. Citizen and Immigration Services (USCIS) to find the asylum office for Houston located at 16630 Imperial Valley Drive, Suite 200. The applications for asylum is not filed at the Asylum Office in Houston. A person seeking asylum in the United States must apply for asylum with the Texas Service Center of the USCIS in Mesquite, TX. 


Immigration Lawyer in Texas for Withholding of Removal Proceedings

Attorney Luis F. Hess represents clients in asylum or "withholding of removal proceedings" by aiding them in showing that the client's life or freedom will be threatened in his or her home county on account of race, religion, nationality, membership in a particular social group, or political opinion.

Luis F. Hess represents clients seeking asylum that may be granted to refugee aliens who are unable to return to their native country because of persecution. He can help you bear the burden of establishing eligibility for asylum through testimony and corroborating evidence.

Call [$firm]] at (281) 205-8540.


This article was last updated on Friday, December 22, 2017.

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