
The difference between asylum and withholding of removal
Withholding of Removal Granted
When withholding of removal is granted, the government is barred from deporting you to the specific country where your life or freedom would be threatened on account of race, religion, nationality, political opinion, or membership in a particular social group (INA §241(b)(3)), or under the Convention Against Torture (CAT). This is powerful protection, but it differs from asylum in important ways.
What protection provides
- You may remain in the United States and live and work here.
- You are generally eligible for an Employment Authorization Document (EAD) under category (a)(10).
- DHS cannot remove you to the dangerous country identified in the order; however, it may seek removal to another country willing to accept you.
Key limits (compared to asylum)
- No automatic path to a green card and no derivative benefits for family members (unlike asylum’s I-730 process).
- A final removal order usually remains in place; withholding only blocks removal to a particular country.
- Travel abroad is risky—departure can trigger execution of the removal order or complicate reentry.
- Benefits and services may be more limited than those available to asylees.
After the grant
- Apply for your EAD and keep it current for I-9/work purposes.
- Maintain clean criminal records; certain offenses can lead DHS to seek termination.
- Report address changes (Form AR-11) and attend all check-ins if required by ICE.
- Keep copies of the immigration judge/BIA decision and any country designation findings.
Future options
- If you later become eligible through a family or employment avenue, consult counsel about strategies despite the outstanding removal order (e.g., motions to reopen, consent requests, or consular processing with waivers).
- If conditions worsen or change, explore whether asylum (if not barred) or other relief has become viable.
How we help
The Law Offices of Brian D. Lerner secures EADs, advises on compliance and travel risks, strategizes family options, and—when appropriate—pursues reopening or additional relief to convert protection into more permanent status.
