Having overstayed three years, an individual filling out the I-589 form will generally be adjudged ineligible for political asylum, and the case will be adjudicated as one requesting withholding of removal, which if granted allows an individual to remain in the US as long as there still remains a valid fear of persecution in the home country. Withholding does require a higher standard of proof for approval than asylum. Where there has been no persecution in the past, an applicant must show the probability (over 50%) that he or she will be persecuted as opposed to an asylum showing which only involves a showing of credible fear.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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