Asylum & Withholding of Removal
Asylum and withholding of removal provide humanitarian relief to individuals who fear persecution if they return to their home country. It offers a path to permanent residency after one year and allows certain family members to apply.
Withholding of removal is similar but generally more challenging to obtain. Applicants must meet a higher burden of proof, showing it is “more likely than not” that they would face persecution if deported. While withholding of removal prevents deportation, it doesn’t lead to permanent residency or the same benefits as asylum.
Prosecutorial Discretion
Prosecutorial discretion allows immigration officials to decide whether to enforce immigration laws in specific cases. This authority can delay or stop deportation proceedings. Deportation defense attorneys can advocate for this discretion, helping their clients secure relief and gain time to explore other legal options.
Immigration officials evaluate each request for prosecutorial discretion on a case-by-case basis. Factors influencing a favorable outcome include the individual’s immigration history, criminal record, and contributions to the community.
Lincoln-Goldfinch Law - Abogados de Inmigracion
1005 E 40th St Austin, TX 78751