Child Asylum & Deportation Defense

How Does the Immigration Process Work for Children?

Every year, thousands of immigrant children arrive in the U.S. after fleeing violence, abuse, or persecution. Others have lived in the U.S. for years and may suddenly find themselves in immigration court. For children, the immigration process often involves determining whether they qualify for legal protection, such as child asylum or another form of relief from deportation. If your child is facing removal, an immigration attorney can help explain the process, identify available defenses, and work to protect their right to remain in the United States.

Learn how asylum works for children, what happens in immigration court, and how our firm defends children with care, urgency, and deep legal experience.

What Is Child Asylum?

Asylum is a form of protection for people who fear returning to their home country due to:

  • Persecution they’ve experienced in the past, or

  • A well-founded fear of future harm

This harm must be based on one or more of the following:

  • Race

  • Religion

  • Nationality

  • Political opinion

  • Membership in a particular social group (such as LGBTQ+ identity, being a child targeted by gangs, or victims of abuse)

Children can apply for asylum on their own, even without a parent, or be included as a dependent on a parent’s asylum case.

What Happens When a Child Faces Deportation?

Children who are in immigration court (also called removal proceedings) are at risk of being deported, even if they’re too young to fully understand what’s happening.

These cases often involve:

  • Children who arrived unaccompanied at the border

  • Minors referred to court after an asylum denial

  • Youth with no valid immigration status

Children are not given a government-paid attorney in court, so they need a lawyer to defend them and apply for protection.

Legal Defenses Available for Children

Depending on the child’s story and immigration history, they may qualify for:

  • Asylum

  • Withholding of Removal

  • Protection under the Convention Against Torture (CAT)

  • Special Immigrant Juvenile Status (SIJS)

  • U or T Visas for victims of crimes or trafficking

  • Family-based petitions, if a parent or guardian can sponsor them

We evaluate every case to determine the strongest legal defense and file the right applications in court and with USCIS.

How the Process Works

  • Attend master calendar hearings in immigration court

  • File applications for relief (asylum, SIJS, etc.)

  • Gather and submit evidence of the child’s experiences and eligibility

  • Prepare the child (and guardian) for their individual hearing

  • If relief is granted, the child receives protection or a green card depending on the outcome

Throughout the process, we may also request:

  • Termination of proceedings

  • Administrative closure or continuances

  • Transfers to juvenile court, if needed for SIJS

Child receiving legal support for asylum and deportation defense in the U.S.

Quick Facts

Child Asylum & Deportation Defense

  • What it is: Legal protection for minors in immigration court, including asylum and other forms of relief

  • Who qualifies: Children at risk of persecution or deportation who meet specific criteria

  • Court process: Removal proceedings in immigration court (EOIR)

  • Relief options: Asylum, SIJS, U visas, family petitions, and more

  • Work permit? Available for asylum applicants after 150 days

  • No government lawyer? Children or families must hire their own legal representation

  • Important deadlines: Asylum must be filed within 1 year of arrival unless an exception applies

  • Outcome: If successful, the child may receive asylum, lawful permanent residence, or protection from removal

Why Choose Salomon Numa for Child Asylum & Deportation Defense?

Cases involving children in immigration court are among the most serious matters in immigration law. The stakes are high, the process is complex, and the child's future depends on how the case is handled. At the law office of Salomon Numa, we understand what is at risk and we approach every case accordingly.

Our firm focuses exclusively on U.S. immigration law, which means we are familiar with the procedures, deadlines, and legal standards that apply in immigration court for minor clients. Every case is handled with a personalized legal strategy built around the specific facts and circumstances of that child's situation. We do not apply a one-size-fits-all approach because no two cases are the same.

We also understand that families in these situations are often frightened and uncertain about what comes next. Our office handles each case with confidentiality and care, keeping clients informed at every stage and making sure they understand their options before any decisions are made.

Our office serves clients in both English and Spanish. If you are searching for a child immigration court lawyer in Tampa, contact us to schedule a free consultation and discuss your child's case directly with our attorney.

Frequently Asked Questions

Can children apply for asylum on their own?

Yes. Minors can file for asylum either as the principal applicant or be included in a parent or guardian’s case. We help determine the best strategy.

What if a child entered the U.S. alone?

They may be classified as an unaccompanied minor, which gives them special protections, including eligibility to apply for asylum affirmatively with USCIS instead of in court.

What if a child is already in immigration court?

We can represent them in court and explore all possible defenses — asylum, SIJS, family petitions, and more.

What if a child is too young to testify or understand?

We use a child-sensitive approach and work with guardians to build the case. We may also seek expert evaluations or guardian declarations when appropriate.

How long does the process take?

It varies widely. Some children may receive relief in months; others wait years due to court backlogs or visa availability (for SIJS cases).

What if a child missed the 1-year asylum deadline?

We may still apply if the child was under age 18, or if extraordinary or changed circumstances apply. This is common, and we’ll evaluate your case carefully.

Can a child get a green card through asylum?

Yes. A child granted asylum can apply for a green card after one year of asylee status.

Does a child need a lawyer in court?

Yes. Children are not provided a free government attorney — they must hire their own lawyer. We provide full representation and guidance for families in this situation.

Protecting a Child from Deportation?

We’re here to help you fight for their future with compassion and legal strength.

Schedule a consultation today.