What Is the Convention Against Torture (CAT)?

The Convention Against Torture (CAT) is an international treaty that guarantees fundamental protection for individuals at risk of torture if returned to their home country. It seeks to uphold human rights and protect individuals from inhumane treatment.

CONVENTION AGAINST TORTURE: VITAL INFORMATION

How Does the Convention Against Torture Work?

Ratified by the United States, CAT protects vulnerable individuals from being subjected to cruel, inhumane, or degrading treatment.

OPTIONS UNDER THE CONVENTION AGAINST TORTURE

Applying for Protection Under CAT

The Convention Against Torture allows applicants to avoid removal and remain in the United States, although it does not grant permanent immigration status.

Benefits of Protection Under CAT

The primary benefit of CAT protection is avoiding deportation to a place where torture is likely.

Although CAT does not provide legal immigration status like a Green Card, it offers certain advantages:

Avoids Deportation: CAT ensures the applicant is not deported to a country where they face the risk of torture.

Work Permit: In some cases, CAT beneficiaries may apply for work authorization to support themselves financially while in the US.

Humanitarian Protection: CAT offers temporary protection that can be renewed, safeguarding the applicant’s life.

Requirements to Apply for Protection Under CAT

To be eligible for protection under CAT, the applicant must meet fundamental criteria:

1. Prove a Real Risk of Torture: The applicant must provide evidence of their situation. This can include human rights reports, affidavits, a history of torture, or reports from organizations documenting conditions in the country.

2. Torture by or With Government Complicity: Torture must be inflicted by the government of the home country or with its consent. If the risk comes from groups unaffiliated with the government and the government is unable or unwilling to control them, CAT protection may still apply.

3. Application During Removal Proceedings: A CAT protection request must be made during removal proceedings. This is considered a last resort, meaning other defenses should be exhausted first.

4. Evaluation of Evidence: The applicant must provide strong and convincing evidence to persuade the immigration judge, who will decide whether to grant protection.

What Is the Convention Against Torture (CAT)?

How Does the Convention Against Torture Work?

Who Qualifies?

What Is It For?

Legal Advice

Applying for Protection Under CAT