What Is CAT Protection
CAT protection, formally known as protection under the Convention Against Torture, is a form of relief that prevents the U.S. government from removing you to a country where you are more likely than not to be tortured. Unlike asylum or withholding of removal, CAT protection does not require you to prove you are a refugee or that persecution is based on a protected ground like race, religion, or political opinion. The torture must be inflicted by or with the acquiescence of a government official or person acting in an official capacity.
This protection is codified in 8 CFR 1208.16 and applies during removal proceedings before an immigration judge or during consular processing for visa applicants. It is available regardless of your immigration status and can be claimed even if you have committed crimes that would normally bar other forms of relief.
Key Differences From Other Relief
- Asylum: Requires persecution based on protected grounds. CAT does not.
- Withholding of Removal: Requires a higher standard of proof (clear probability vs. more likely than not) and bars certain applicants with criminal convictions. CAT has a lower burden and applies more broadly.
- Green Card eligibility: Unlike asylum, CAT protection does not lead to lawful permanent residence. You receive only a non-deportation status.
How CAT Protection Works in Removal Proceedings
If USCIS initiates removal proceedings against you, your notice to appear (Form I-862) will specify the grounds for removal. During your hearing before an immigration judge, you can file Form I-589, Application for Asylum and for Withholding of Removal, which includes a section for CAT claims. You must submit evidence demonstrating torture is more likely than not if returned. This includes country conditions reports, medical evaluations documenting torture scars or psychological trauma, expert testimony, and specific incidents you personally experienced or witnessed.
The immigration judge will evaluate whether the government or its agents would torture you or whether a private person acting in an official capacity would torture you with government acquiescence. The judge must find a substantial risk, not mere possibility.
Common Questions
- Can I apply for a green card with CAT protection? No. CAT protection is a non-immigrant status. You cannot adjust status to lawful permanent resident based on CAT protection alone. However, if you later obtain asylum or another visa category, you could become eligible for a green card.
- Does CAT protection allow me to work? Yes. If an immigration judge or USCIS approves CAT protection, you can apply for employment authorization (Form I-765) with the notation "CAT."
- What happens if I receive CAT protection but my country's government changes? Changed country conditions may support a motion to reopen your case, but you would need to submit new evidence of torture risk under current circumstances.