Facing removal from the United States is one of the most stressful experiences for any immigrant. But there are legal options available that may provide a path to stay in the country. Two common forms of relief are withholding of removal and cancellation of removal. Although both can prevent deportation, they are very different in terms of eligibility, benefits, and consequences. Understanding how each option works can help you make informed decisions about your future.
What is Withholding of Removal?
Withholding of removal is a form of protection granted to individuals who can show that their life or freedom would be threatened in their home country because of race, religion, nationality, membership in a particular social group, or political opinion. It is a humanitarian form of relief that prevents the U.S. government from deporting someone to a country where they are likely to face persecution.
To qualify, you must meet a very high legal standard. You must prove it is “more likely than not” that you would face persecution if returned to your country. This is a stricter threshold than asylum, which only requires a “well-founded fear” of persecution. Also, unlike asylum, there is no deadline for applying for withholding of removal. Even if you’ve been in the United States for many years, you can still request this relief during removal proceedings.
It is important to note that withholding of removal does not offer a pathway to permanent residence or citizenship. If granted, you can stay in the U.S. and apply for a work permit, but you will not be able to travel outside the country or sponsor family members. The government can still attempt to deport you to a third country if it is safe for you to go there. If conditions in your home country change, the government may try to reopen your case.
What is Cancellation of Removal?
Cancellation of removal is available to certain noncitizens in immigration court who meet specific requirements and have developed strong ties to the United States. There are two primary types: one for lawful permanent residents (LPRs) and another for non-permanent residents.
For lawful permanent residents, cancellation of removal may be granted if:
- You have held your green card for at least five years,
- You have continuously resided in the U.S. for at least seven years after being admitted,
- You have not been convicted of certain serious crimes.
For non-permanent residents (such as those who entered the country without a visa), the requirements include:
- Physical presence in the U.S. for at least 10 years,
- Good moral character during that period,
- No disqualifying criminal convictions,
- Showing that your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or lawful permanent resident spouse, parent, or child.
Unlike withholding of removal, cancellation can lead to lawful permanent residence. If your application is approved, you receive a green card and eventually become eligible for citizenship. However, cancellation is a one-time benefit. You cannot apply for it again if you face removal in the future.
Comparing the Two Forms of Relief
Though both forms of relief are granted in immigration court, they serve different goals and lead to different outcomes. Withholding of removal offers protection against persecution but keeps you in a precarious status. You may stay in the U.S., but your ability to travel, bring family, or build a future with legal certainty is limited.
Cancellation of removal, by contrast, rewards long-term residence and strong community ties. If you qualify, it can result in permanent resident status and a more stable future. But the eligibility criteria—especially the hardship requirement for non-permanent residents—can be difficult to meet. Immigration judges have wide discretion and typically apply these standards strictly.
Another key difference is criminal history. Certain criminal convictions will bar you from both forms of relief. But the types of crimes that disqualify a person can differ. Even if you’re ineligible for cancellation of removal due to a criminal conviction, you may still qualify for withholding of removal if your fear of persecution is strong enough and the conviction is not for a “particularly serious crime” as defined by immigration law.
Why the Type of Relief Matters
The relief you seek will significantly affect your long-term options. Withholding of removal is often used as a last resort for people who cannot qualify for asylum or cancellation due to missed deadlines or a lack of family ties. It may keep you safe, but it won’t give you legal stability. You’ll need to renew your work authorization regularly, and the government can monitor your case over time.
Cancellation of removal, on the other hand, can offer a real path forward. But the legal burden is high, especially when proving hardship to a qualifying relative. It’s not enough to show that your family would suffer emotionally or financially if you were deported. The hardship must be truly out of the ordinary—something more than what families usually experience when separated by immigration.
Both forms of relief require evidence, documentation, and a compelling personal story. You will need to present your case in immigration court before a judge. Preparing thoroughly and working with an attorney can improve your chances of success.
Choosing the Right Path
Whether withholding or cancellation makes more sense depends entirely on your personal history, immigration status, and risk factors in your home country. In some cases, individuals apply for both at the same time, depending on what they qualify for. You must be prepared to explain your circumstances and why you deserve relief under the law.
Legal representation is critical. Immigration law is complex and constantly changing. The facts of your case will determine which route is available and how to pursue it effectively. A mistake in filing or a failure to submit the right evidence could mean the difference between staying in the U.S. or being removed.
Get Help from Immigration Attorneys You Can Trust
Removal proceedings are difficult, but you don’t have to face them alone. Whether you are considering withholding of removal or cancellation of removal, working with an experienced legal team can help you understand your rights and prepare the strongest possible case. At Saavedra & Perez Law, we help clients in Fairfax and throughout the region fight for their future in the United States. If you or a loved one is in removal proceedings and unsure what type of relief may be available, contact our office to speak with a qualified immigration attorney today.