How to Apply for Convention Against Torture Protection (Part: 1)
If you are currently in the United States and seeking asylum due to a well-founded fear of persecution in your country of origin, it is advisable to simultaneously apply for protection under the United Nations Convention Against Torture (CAT) if you have reason to believe that you may be subjected to torture. By seeking CAT protection, the U.S. government is prohibited from deporting you to any nation where there are substantial grounds for believing that you would be at risk of torture. This added layer of protection ensures your safety and well-being in the event that you are forced to return to your country of origin.
Although the requirements to be granted CAT protection are higher than those for asylum (you need to prove that it is more likely than not that you would be tortured), and this form of relief provides more limited benefits than asylum does, there are advantages to applying for it:
- It is mandatory and that is, the U.S. must grant CAT if you’re eligible and
- Bars that might prevent you from obtaining asylum do not prevent you from being granted CAT protection.
As you file Form I-589 “Application for Asylum and Withholding of Removal,” in Part B, include a request for CAT protection and submit any requested documents relevant to CAT protection.
If you already applied for asylum and want to request CAT after the fact, you can submit a “supplement” to your asylum application. You can do this anytime, including after a final deportation order has been issued against you.
It’s important to note the following ways in which CAT protection is more limited than asylum:
- CAT protection does not stop the U.S. government from removing you to a third country that is not the country where you fear torture.
- If DHS believes it is safe for you to return to a country of origin, they can start a new case in immigration court to request that your CAT protection is rescinded.
- CAT protection does not extend to your family members, and you will not be eligible for naturalization or permanent resident status.
How to apply for Convention Against Torture (CAT) Protection
Applying for CAT protection does not require a separate application. Instead, you can apply for it at the same time as your asylum application, using Form I-589. Simply check off the relevant boxes in Part B of the form, and provide all necessary information and supporting documents.
If you did not request CAT protection in your initial asylum application, don’t worry – you can still supplement your application with a request at any time. There is no deadline for applying for CAT protection, and you can even do so after a final order of deportation has been issued against you.
One major advantage of CAT protection over asylum is that none of the bars to asylum can prevent you from receiving CAT relief. Additionally, the torture you would face in your home country does not have to be based on one of the five protected grounds.
However, CAT protection does offer fewer benefits than asylum. For example, it does not prevent the US government from sending you to a safe third country if one is willing to accept you. Additionally, if you are no longer at risk of torture in your home country, your CAT protection may be terminated, and the Department of Homeland Security may seek to have you deported.
Furthermore, CAT protection does not make you eligible for a green card or naturalization, nor does it provide any rights to your family members.
Read part two here
