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N Cal Attorney
N Cal Attorney, Lawyer
Category: Immigration Law
Satisfied Customers: 8126
Experience:  Since 1983
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1) Under U.S. Immigration Law, can Billy Doe (21 years old)

Resolved Question:

1) Under U.S. Immigration Law, can Billy Doe (21 years old) file a petition for asylum for his 14 year old niece, Jane (who is a Canadian citizen)?

2) Under U.S. Immigration Law, can Jane Doe, a 14-year old minor (who is a Canadian citizen), file her own petition for asylum?
Submitted: 4 years ago.
Category: Immigration Law
Expert:  N Cal Attorney replied 4 years ago.
http://www.uscis.gov/files/form/I-589_Inst.pdf has the instructions
http://www.uscis.gov/files/form/I-589.pdf is the application form

My answer to both questions is Yes.

http://74.125.155.132/search?q=cache:d85Hwqp9GzkJ:www.uscis.gov/u scis-ext-templating/uscis/jspoverride/uscisSearchOverrideRedirect.jsp%3Foid%3D21bf011522a9c110VgnVCM1000004718190aRCRD+uscis+asylum+application+by+minor&cd=1&hl=en&ct=clnk&gl=us&client=safari states:
Definition of Minor Principal and Unaccompanied Minor
A minor principal applicant is an applicant for asylum who is under 18 years of age (a juvenile) at the time of filing for asylum and who is applying in his or her own right, as opposed to as a derivative family member on a parent’s or spouse’s asylum application.

I hope this information is helpful.
Customer: replied 4 years ago.
Thanks for your answer from above, but looking for court cases that can be cited to add to the answer.
Is there a court case or cases that I can cite that deal(s) with a similar issue with a minor that is 14-16 years of age?
Expert:  N Cal Attorney replied 4 years ago.
http://www.uscis.gov/files/nativedocuments/UAC_filings_25mar09.pdf
discusses unaccompanied alien children (UACs)1 who file for asylum.

It states: If you have any questions concerning the guidance contained in this memorandum, please contact Mary Margaret Stone at(NNN) NNN-NNNN

She may be able to cite you to federal court cases on this. I so not have access to Westlaw or Lexis right now and it will be difficult for me to find cases on this subject. If Ms. Stone cannot find any please let me know and I'll search again.
N Cal Attorney, Lawyer
Category: Immigration Law
Satisfied Customers: 8126
Experience: Since 1983
N Cal Attorney and 4 other Immigration Law Specialists are ready to help you

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