Can a Child Apply for Asylum?

To help a family grow in the United States, we sometimes recommend that a child apply for asylum. Their asylum victory can be the path for green cards for their parents and siblings.

A child can apply for asylum even if their parents are in the United States and have not applied for asylum. If the child arrived less than one year ago and fears they will suffer great harm if they return to their home country, they should IMMEDIATELY talk to an asylum immigration expert. EXPERT TIP: Asylum is only for persons who have been harmed because of their religion, race, membership in a particular social group, or political opinion. If they were harmed significantly AND the police refused to help them because they are children, that’s a strong asylum case.

What Asylum Challenges Does a Child Face?

Facing challenges as an asylum seeker? A child applying for asylum faces the same challenges as an adult – the application must be complete, the documents sent to Immigration must demonstrate that the applicant will be SEVERELY harmed if they return to their home country, and the testimony needs to explain why the home country government REFUSES to help the applicant. It may not be enough that the country is too poor to help the applicant. For example, one person lost asylum because the Immigration Judge said he didn’t prove that he was treated worse by the police than anyone else. Meaning: if the police fails to protect EVERYONE, it’s difficult to win an asylum case.

Why Should a Child Apply for Asylum?

Like the young man in the photo of the asylum-based work permit, a child can get an employment authorization document after they file for asylum. If they win their asylum and get a green card, they can later become a US citizen through naturalization. Only a US citizen can sponsor a sibling or a parent for their green card. It’s a path of several years, but it’s a legal path that allows the child to remain in the United States.

Our compassionate team specializes in helping individuals seek asylum in the U.S. Let us help you navigate this difficult journey. Call 954.385.0157 or click “For Future Clients” to schedule a chat with our asylum immigration experts.

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Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.

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