Asylum Seekers Under 18 Years Old

This page is for asylum seekers under 18 years old. It includes information about 5 key things to know, finding help, asylum, work permits, Special Immigrant Juvenile Status (SIJS), other immigration options, detention, and ASAP membership.

What are some things for asylum seekers under 18 to know? 

1. You can check your immigration case status online, to learn if you have any scheduled hearings or appointments. See this page for instructions.

2. Some immigration processes are different when you are under 18. Continue reading to learn about asylum, Special Immigrant Juvenile Status (SIJS), and other immigration options.

3. You do not have to sign government documents that you cannot read and understand on your own. You can talk to a trusted adult or lawyer first before signing.

4. You can read safety measures for asylum seekers. This information is written for adults, but it is also useful if you are under 18. 

5. You can look for legal help. Read more below.

How do I find help? 

• For help with your immigration case, you can contact the closest office of Kids in Need of Defense (KIND), a nationwide organization focused on representing unaccompanied children. You can also contact another organization called ImportaMi, which provides resources and assistance to unaccompanied children. You can also look for a lawyer here.

• If you are experiencing abuse, you can call the National Domestic Violence Hotline at 1−800−799−7233 or chat with someone on their website to get support and talk about your options. Their services are free and available 24 hours a day, 7 days a week.

• You can find other useful links, including free medical clinics and resources for students, on ASAP’s find help page. 

What is asylum and can I apply if I am under 18? 

Asylum is a form of immigration status for people who have come to the United States and are afraid to return to their country of origin. If you win asylum, the United States government cannot deport you. People under 18 years old can apply for asylum in the United States. 

Applying for asylum is a personal choice and it may also be a complicated decision depending on your situation. Since 2025, it has become more difficult to win asylum.

You can learn more about the decision to apply for asylum and the requirements on this general orientation page. The page was written for adults, but you can still read it for general guidance. You can also learn more about recent changes here. 

If you decide to apply for asylum, the way you apply depends on whether or not the U.S. government considers you an “unaccompanied child” (sometimes also called “UAC” or “unaccompanied minor.”)

The process if you are NOT an “unaccompanied child”

Who is NOT considered an “unaccompanied child": 

• If you arrived in the United States with one or two parents and you are still in your parent’s care, the government probably does not consider you to be an “unaccompanied child.” 

How to apply for asylum if you are NOT an “unaccompanied child”:

• Your parent may be able to include you in their asylum case. To be included, you have to be unmarried and under 21 at the time your parent applies for asylum. Learn more here. 

• You may also be able to apply for asylum separately from your parent. If you have a case in immigration court, you can apply for asylum in immigration court. If you do not have a case in immigration court, you can apply for asylum with USCIS instead, even if your parent has a case in immigration court. 

What if you have an immigration court case:

• If you have a case in immigration court and you are NOT an “unaccompanied child,” you will need to continue your immigration court case after you apply for asylum. Check the immigration court system regularly to find out about your upcoming hearings. Hearings can be scheduled with very short notice. If you miss a hearing, you will likely receive a deportation order. 

• Not everyone has a case in immigration court. If you are not sure whether you have a case in immigration court, learn how to check.

The process if you ARE an “unaccompanied child”

Who IS considered an “unaccompanied child”: 

• If you arrived in the United States without a parent, or you were separated from your parent when you arrived in the U.S., or you arrived with a parent but you are no longer under the parent’s care, the government probably considers you an “unaccompanied child.”

• If you arrived in the United States without a parent, or you were separated from your parent upon arrival, you were likely under the care of the Office of Refugee Resettlement (ORR) and then released to a family member or sponsor. After your release, you should have received a Verification of Release Form (and a card if released after December 5, 2024), that shows your unaccompanied child status. 

• Even if you arrived in the United States with a parent, you may still qualify as an “unaccompanied child” if you are no longer under the care of your parent. For example, someone could be considered an unaccompanied child if they arrived with a parent but they were separated after crossing the border, or the parent died, or they experienced abuse.  

How to apply for asylum if you ARE an “unaccompanied child”: 

• You can apply for asylum with an immigration agency called United States Citizenship and Immigration Services (USCIS), even if you already have a case in immigration court. You can send your asylum application to USCIS by mail. Make sure to submit your application before you turn 18.

• Most people have to apply for asylum within one year of arriving in the United States. However, as an unaccompanied child under 18, even if you have been in the United States for more than one year, you can still apply for asylum.

What if you have an immigration court case:

• If you are an “unaccompanied child” and you already have a case in immigration court, you may be able to have your court case “dismissed” after you have submitted your asylum application to USCIS. This can be a helpful way to simplify the asylum application process for an unaccompanied child. In this context, dismissal means that the government will end your immigration court case so you can focus on continuing your asylum application with USCIS only. 

• When you ask the immigration court to dismiss your case, it can help to bring proof that the government considered you an “unaccompanied child” (such as a Verification of Release form). It can also help to bring proof that you submitted your asylum application to USCIS (such as an asylum application receipt notice).

• If you applied for asylum with USCIS before February 24, 2025, the government may be required to dismiss your case. If you applied for asylum with USCIS after February 24, 2025, you can still ask for dismissal, and in many cases it will be granted.

• If your court case is not dismissed, you will still need to keep going to any scheduled immigration court hearings in addition to any USCIS appointments.

Can I apply for a work permit as an asylum seeker if I am under 18? 

Yes, you can apply for a work permit as an asylum seeker even if you are under 18 years of age. Even if you are not old enough to work, having a work permit can be a very useful form of identification. If you are approved for a work permit, you can apply for a social security number after you receive your work permit. 

Asylum seekers can generally apply for a work permit 150 days after submitting an asylum application. If you submit an asylum application by yourself, or you are included in a parent’s asylum application, you can submit a work permit application 150 days later. Learn how to apply. 

In many states, with a work permit, you can also apply for a driver’s license or a state ID. 

What is Special Immigrant Juvenile Status (SIJS)?

SIJS is an immigration status for minors who have been abused, abandoned, or neglected by one or both parents. You can apply for both asylum and SIJS at the same time.

The initial SIJS determination is made by the state court where you live. SIJS is only available to applicants under 18 or 21 (depending on which state you live in), so it is very important that you talk to a lawyer as soon as possible. After the state court has made this determination, you can submit your SIJS petition to USCIS.

There is a new fee of $250 to apply for SIJS that cannot be waived. If you decide to apply, you can check this USCIS website for more information about the fee.

For more information on how to apply for SIJS read this guide or this USCIS website.

If USCIS grants SIJS, you may be eligible for permanent residency (green card). Depending on the country you are from, you may have to wait for a while before you can apply for or receive your green card.

If you applied for SIJS before May 10, 2026, USCIS is supposed to automatically consider your case for “deferred action.” Deferred action protects you from deportation and allows you to apply for a work permit. However, USCIS appears to be denying deferred action for many SIJS applicants.

If you apply for SIJS on or after May 10, 2026, you will no longer be automatically considered for deferred action. Instead, you will have to submit a separate request, but it may not be granted. See this USCIS policy memorandum.

If you currently have a work permit based on SIJS deferred action, your work permit remains valid, unless you receive a notice from USCIS ending your deferred action. There are some reports of USCIS ending SIJS deferred action for people who already received it.

If USCIS denies your SIJS application, ends your deferred action, or denies your request for deferred action, the government may start an immigration court case against you and send you a document called a Notice to Appear.

What other immigration options are there for people under age 18? 

Below are some other common forms of immigration relief that you may wish to consider if you are under 18, in addition to asylum and Special Immigrant Juvenile Status (SIJS).

• Family Petition: If you have a parent or stepparent who is either a U.S. citizen or lawful permanent resident, they may be able to petition for you.

• U visa: U visas are for victims of certain crimes. You may be able to apply for a U visa if you, your parent, or your sibling was a victim of a crime. You can find more information about U-Visas here.

• T visa: T visas are for victims of human trafficking. You may be able to apply for a T visa if you, your parent, or your sibling was a victim of human trafficking. Human trafficking can include being forced to work or being forced to provide sexual services. For more information about applying for a T-Visa, please read this guide or this guide.

Read more about these and other immigration options here.

Will my family members or I be detained while I am seeking asylum? 

It is possible. The situation is rapidly changing, and the answer also depends on you and your family members’ situation. Please read safety tips here, including information about how to prepare for the possibility of detention.  

Unaccompanied children. ICE is not supposed to put unaccompanied children in immigration detention. However, if an immigration judge denies your asylum case, orders deportation, and you do not appeal or you lose your appeal, the government could detain and deport you. 

Children under the care of a parent. The government sometimes detains children and a parent together, even while their asylum case is still pending. Families are not supposed to be detained for longer than 20 days under the law, but sometimes the government does detain families for longer.   

Family members. If your adult family member is in the process of seeking asylum or does not have any immigration status, it is possible that they could be detained. You can read safety tips here and it can be a good idea to make an emergency plan.