Thousands of unaccompanied children are fleeing violence in their home countries each year and making dangerous journeys to the United States. Some have suffered physical abuse by family members or criminal threats and gang violence. ICWC attorneys provide legal representation to children who were detained and released to a sponsor and are facing immigration court (removal) proceedings and can assist them in applying for asylum. Asylum seekers must navigate a difficult process that can involve multiple government agencies. Children have even greater challenges understanding complex immigration court and agency proceedings.
An asylum seeker has the burden of proving that he or she meets the definition of a refugee – a person who is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Congress incorporated this definition into U.S. immigration law in the Refugee Act of 1980. Generally, a person who is in removal proceedings may apply for asylum defensively by filing the application (Form I-589) with an immigration judge at the Executive Office for Immigration Review (EOIR). However, an Unaccompanied Minor may be able to file the I-589 with the Asylum Office and have the application adjudicated in a less adversarial forum. If the application is denied at the Asylum Office, the application is referred to Immigration Court where the applicant has another chance to prove they meet the definition of refugee.
An asylee—or a person granted asylum—is protected from being returned to his or her home country, is authorized to work in the United States and can petition to bring certain family members to the United States. Asylees may also be eligible for certain government programs, such as Medicaid or Refugee Medical Assistance.
After one year, an asylee may apply for lawful permanent resident status (i.e., a green card). Once the individual becomes a permanent resident, he or she must wait four years to apply for citizenship.