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- ASYLUM
An alien who is granted Asylum takes on the legal status of Asylee. This allows him or her to reside in the United States indefinitely as long as the threat of persecution continues.
The Asylee can also have his or her spouse and unmarried children under age 21 enter the U.S. if they are not already in the country.
Moreover, an Asylee may apply for a refugee travel document or advanced parole for travel out of the U.S. Such a benefit should be obtained prior to leaving the U.S., as the Asylee may be denied re-entry upon attempting to re-enter the U.S. Also, an Asylee risks losing his/her status if he/she travels to the county of alleged persecution. Such action could be considered to be voluntarily availing oneself of the protection of an allegedly persecuting country.
Another benefit available to an Asylee is employment authorization. An Asylum Applicant whose application is pending may apply for employment authorization 150 days after a completed Form I-589 Application has been filed.
Finally, after a year Asylum, the Asylee may petition for adjustment of status to become a permanent resident. This right also applies to the asylee’s spouse and children, as described above.
- WITHHOLDING OF REMOVAL
Withholding of Removal provides fewer benefits than Asylum. The alien is not given any legal status in the U.S. Simply stated, the alien will not be removed to the country of alleged persecution. If the Court finds that there is another country that can be a safe haven for the alien, the court could have the alien removed to that country. Also, there is no derivative status for relatives. The sole benefit of Withholding of Removal is that the alien may seek employment authorization, the same as an Asylee.
For other information about Asylum and Withholding
of Removal, please click on one of the following topics below:
Description
Benefits
Eligibility For Asylum
Eligibility For Withholding of Removal
Bars To Both Asylum and Withholding of Removal
Discretionary Denial of Asylum
Procedures
Attorney Fees and Filing Fees
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