Alien withholding of removal meaning:
The Alien Withholding of Removal (AWR) is a legal protection granted to an individual against deportation to a country where they fear persecution. This legal tool is considered the most accessible option for individuals who do not meet the strict criteria for asylum.
Unlike asylum beneficiaries, individuals with Alien Withholding of Removal status are not required to seek adjustment of status. They can remain in the USA without undergoing this costly and highly complex process. This presents a significant advantage for some individuals. Additionally, those who benefit from this status are allowed to work legally during their stay.
The only downside is that the Alien Withholding of Removal status does not grant permanent residency. Beneficiaries must periodically renew their status. They are also subject to restrictions on traveling abroad.
Eligibility Criteria for Alien Withholding of Removal :
- Demonstrate a clear probability of facing persecution based on race, religion, nationality, political opinions, or membership in a particular social group.
- Be placed in removal or deportation proceedings by USCIS.
- Provide compelling evidence of fear of persecution during hearings before immigration courts.
- Not have been convicted of certain serious crimes or crimes posing a danger to society.
- Not have been convicted of certain specific offenses, such as crimes against humanity.
- Demonstrate that there is no safe third country to which the individual could be returned without the risk of persecution.
- Provide accurate and complete information about the circumstances surrounding the AWR application to demonstrate legal eligibility for this status.