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Minor asylum seekers Form: What You Should Know

USCIS U.S. Citizenship and Immigration Services (USCIS) Citizenship and Immigration Service (USCIS) Citizenship and Immigration Services (USCIS) In order to apply for asylum, a minor must: (1) be in removal proceedings; (2) be unaccompanied; (3) have a credible fear of being abused or maltreated by an alien who is not a member of one's family members; and (4) be in danger of being abused or maltreated by an alien who has been lawfully admitted to the U.S., if the alien is granted relief from deportation under section 240(i) or removed from the U.S.; Section 235(a)(2)(A)(i)  This means that, for each of these reasons, the child is eligible to apply for asylum. USCIS In addition, if applicable, the minor child is eligible to apply for asylum if the alien is the parent, legal guardian, or other person legally responsible for the child's welfare. For more information about parentage, or about the circumstances under which a parent is considered a responsible party to the welfare of a child, refer to the  Asylum Section, which outlines relief from deportation or removal to Canada if the alien is the parent, legal guardian, or other person responsible for one's welfare. USCIS In General, the “Child” Statute refers to any individual under 18 years of age who is in removal proceedings. Asylum § 236(a) In some circumstances, a “minor” seeking asylum as a minor cannot qualify for asylum by themselves. Unaccompanied Minors Who May be Eligible — Admissions Counselors at the Department of Homeland Security (DHS) Unaccompanied child asylum seeks may be granted asylum if they are  within the country of asylum's first safe countries of destination (or first safe destination country of the first safe country of origin); They are not awaiting an order of removal; They are not required to enter the United States to receive asylum services from a U.S. Citizenship and Immigration Services (USCIS) licensed placement agency; and A U.S. Citizenship and Immigration Services licensed placement agency has been specifically and independently approved by DHS to provide voluntary inadmissibility services to the detained unaccompanied child.

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