I do not qualify for asylum. What other benefits can I apply for?
As I said in my earlier article, asylum is a discretionary benefit. For example, certain immigrants are barred from obtaining asylum. Immigrants who cannot be granted asylum include those who:
immigrants who firmly resettled in another country before entering the United States,
previously requested but were not granted asylum (exceptions apply),
persecuted others on account of their race, nationality, religion, membership in a particular social group, or political opinion,
have a final judgment of conviction for particularly serious crime, and thus are considered a danger to the communities where they live in the United States,
the government has reason to believe that the immigrant committed a serious, non-political crime before coming to the United States,
the government believes that the immigrant poses a danger to the security of the United States,
the immigrant has engaged in or incited terrorist activity, or provided material support to a terrorist organization.
At the same time the immigrant applies for asylum, s/he also applies for withholding of removal and convention against torture protections (CAT). Withholding of removal is mandatory, if the immigrant can demonstrate that it is more likely than not that their life or freedom is threatened on account of the immigrant’s nationality, race, religion, membership in a particular social group or political opinion, in their country of origin.
If an immigration judge awards an immigrant withholding of removal, technically, you are ordered deported from the United States, but the order is stayed and you are permitted to remain. Also, you are entitled to and will receive a work permit that in turn allows you to receive a social security number and contribute to it. The recipient needs to understand that while allowed to remain and work in the United States, s/he is not a legal permanent resident. Additionally, a withholding of removal beneficiary cannot travel outside the United States and then simply reenter. The reason - the immigrant is ordered deported and that deportation is simultaneously stayed. Once the immigrant leaves, the government considers that departure as self-deportation.
Unlike asylum withholding of removal does not allow the immigrant to:
petition other family members whether they are in the United States or abroad,
work authorization is only granted to the withholding of removal beneficiary, it does not extend to other family members who live with the immigrant, and
as noted earlier, will not confer a green card to the immigrant.
Convention Against Torture (CAT) protections stem from the obligations that the United States assumed a party to Article 3 of the United Nations Convention Against Torture. This international treaty recognized by 170 parties throughout the world, prohibits the return of persons to any country where they would more likely than not be tortured. A loose definition of torture is severe pain or suffering, whether physical or mental, that is intentionally inflicted by or with the consent or acquiescence of a public official, or any other person acting in an official capacity. Unlike asylum or withholding of removal, a CAT applicant is not required to establish that the torture is on account of race, nationality, religion, membership in a particular social group, or political opinion. Similar to withholding, once the immigrant establishes that torture is more likely than not, an immigration judge must allow the immigrant to remain in the United States.
CAT provides two forms of protections, namely, Withholding of Removal under CAT, and Deferral of Removal. Both types of protections prohibit the return of any person to a country where they would face torture.
Withholding of Removal (under CAT). This form of protection can only be terminated if the government establishes that the immigrant will not be tortured n the country of removal. The immigrant as beneficiary of CAT will be able to apply for a work permit and remain in the United States. Other family members in the United States are not eligible to remain in the United States or obtain employment authorization. Likewise, family members outside the United States cannot be petitioned by the immigrant.
Deferral of Removal also prohibits the return of immigrants to any country where they would face torture. Eligible immigrants are those with serious criminal records or persecutors. Deferral of Removal is a temporary grant, that can be quickly terminated if the United States receives assurances that the immigrant will not be tortured upon his or her return. Like Withholding of Removal (under CAT) permits only the immigrant to apply for a work permit, other family members are excluded.