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Original source update: December 14, 2025.
Asylum, withholding of removal, and protection under the Convention Against Torture (CAT) are related but different. A Form I-589 may place more than one protection at issue, but each has its own legal test and consequences.
Asylum
Asylum generally requires persecution or a well-founded fear of persecution connected to a protected ground. It is discretionary and normally subject to a one-year filing deadline. A grant may include qualifying derivative family members and can provide a path to permanent residence.
Withholding of removal
Withholding uses a higher future-harm standard and prevents removal to the country where the person’s life or freedom would be threatened. It does not provide derivative status to a spouse or child and is not the same path to permanent residence as asylum.
Convention Against Torture
CAT focuses on whether it is more likely than not that the person would be tortured by, at the instigation of, or with the required consent or acquiescence of a public official. CAT does not require the harm to be connected to the five asylum protected grounds.
Why the distinction matters
Deadlines, criminal history, prior removal orders, past travel, and the identity of the feared persecutor can affect which protections are available. Each family member may need an individual analysis.
Official source: Executive Office for Immigration Review overview.