This chart gives a basic breakdown of the qualifications, standards, and benefits of asylum, Withholding of Removal under INA § 241(b)(3), Withholding of Removal under the Convention Against Torture, and Deferral of Removal under the Convention Against Torture. When filing an I-589 application with either USCIS or the immigration court, 4 different forms of relief are to be considered. Only asylum can be applied for affirmatively (through USCIS), while the other forms or relief are only available defensively (before an immigration judge).
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Client was granted withholding of removal under INA § 241(b)(3) by a non-detained immigration judge based on fears of persecution from South Korea due to his sexual orientation.
6 detained LPR cancellation of removal (42A) GRANTED. 9 non-detained LPR cancellation of removal (42A) GRANTED, including 1 INA 212 (c) GRANTED, and 1 INA 212(h) hardship waiver GRANTED. Assisted detained client to get married to a United States citizen fiance while being detained by ICE, then successfully filed and represented client before a detained immigration judge for adjustment of status with a INA 212(h) hardship waiver. GRANTED. |
AuthorJames C. Tai, Esq. 
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