If you are physically present in the U.S., and are applying for asylum, it's in your best interests to also apply for two alternative forms of relief if you fear persecution or torture in your country of origin:
In fact, it's convenient to do so, because all applications are made using USCIS Form I-589; you are asked to check boxes indicating which you are applying for.
Although the requirements to be granted withholding and CAT protection are higher than those for asylum (you need to prove that it is more likely than not that you would be persecuted or tortured), and they provide more limited benefits than asylum does, there are important advantages to applying for them, in that they may become your only hope for remaining in the U.S., because:
So, if discretionary factors might prevent you from obtaining asylum (for instance, if the judge could think you are undeserving due to a history of minor crimes) or if certain bars apply to you, it is especially important for you to apply for those alternative forms of relief.
Withholding of removal (called “non-refoulment” under the United Nations Convention Relating to the Status of Refugees) prohibits the U.S. government from removing someone to a country where his or her life or freedom would be threatened on account of a protected ground (race, religion, nationality, political opinion, or membership in a particular social group).
You will need to show that you are a refugee, and that there is a clear probability of your persecution by a government (or a group the government cannot control) if you were returned to your country of origin. As with asylum, if you can show that you have been persecuted in the past, it is presumed that you would be persecuted in the future in your home country.
The main advantage of applying for withholding of removal is that it is a mandatory form of protection. That is, if you meet the requirements of withholding, the judge or decisionmaker must grant you this form of relief. Any discretionary factors are not relevant.
Therefore, you should apply for it as a backup form of relief if you might be denied asylum based on discretionary factors (such as a long history of crimes that are not serious).
Moreover, some reasons that would bar you from obtaining asylum (such as the one-year filing deadline or firm resettlement) do not apply to withholding. The only bars that do apply to withholding are:
Although the legal grounds for withholding of removal are the same as for asylum, it is harder to qualify for withholding. That is because you must show a clear probability of future persecution (that is, that it is more likely than not that you would be persecuted) if returned to your country of origin. The test is objective, and you will need to present very convincing evidence, including country reports, suggesting that it is more likely than not that you would be persecuted.
Withholding of removal provides a narrower scope of relief than asylum does. Specifically:
Importantly, the U.S. government may terminate your withholding. The Department of Homeland Security may reopen your case if conditions in the country (or countries) to which you were not be removed change so that you no longer qualify for this form of relief.
Like withholding, CAT protection is a mandatory form of relief if you meet all of the required elements. That is, the U.S. government cannot return you to a country where there are substantial reasons for believing that you would be in danger of being subjected to torture.
To qualify for protection under CAT, you have to show that it is more likely than not that you would be tortured if removed to the country from which you are claiming protection. (This is the same level of probability as required for withholding.)
Unlike withholding, however, you must also show that the harm you fear meets the definition of “torture” under the CAT (which is any intentional unlawful infliction of severe -- physical or mental—suffering or pain, with consent of a public official, for purposes such as punishment, obtaining a confession, intimidation, or discrimination).
Because the goal of CAT protection is to prohibit your return to a country where you would be in danger of being tortured in the future, past torture is merely a relevant factor, and the test is entirely objective. As with withholding, you need to submit objective evidence, such as country-reports and news articles, indicating that you are more likely than not to be tortured.
The main advantage of CAT protection is that none of the bars to asylum would prevent you from being granted this form of relief. Moreover, the torture you would face in your country of origin does not need to be on account of one of the five protected grounds.
As with withholding, CAT protection has limited benefits. Most importantly, it allows you to be removed to a safe third country, and your protection may be terminated if you are no longer at risk of torture in your country of origin.
If you are found to be eligible for more than one of these three forms of relief, you will be given the one that is the broadest in scope. That is, if you qualify for asylum—and you also qualify for alternative forms of relief—you will be granted asylum. Don't settle for withholding or CAT protection unless you absolutely have to.