If you’re navigating the complex world of immigration law, you may wonder: Can you file asylum and guardianship together? This is a common question for families and individuals facing urgent immigration issues, especially when children are involved. As an experienced asylum and guardianship lawyer, I’ll break down what you need to know, how these processes interact, and when you need an immigration guardianship attorney to guide you.

Understanding Asylum and Guardianship

  • Asylum is a legal protection for individuals fleeing persecution in their home country.
  • Guardianship is a court process in which an adult is appointed to care for a minor when the parents are unable or unavailable.

These are separate legal processes, but in many immigration cases—especially those involving unaccompanied minors or children at risk—both may become necessary.

Can You File for Asylum and Guardianship Together?

You cannot file a single application that covers both asylum and guardianship, but you can pursue both processes at the same time. Here’s how it typically works:

  • Guardianship for Immigrant Youth: If a child under 21 is in the U.S. without parental care, a court-appointed guardian may be necessary. This is often part of the process for Special Immigrant Juvenile (SIJ) status, which can support an immigration case
  • Concurrent Legal Actions: While the asylum application is filed with immigration authorities, the guardianship petition is filed in state court. These processes can run in parallel, and sometimes guardianship is a crucial step to protect the child’s interests during the asylum process
  • Special Immigrant Juvenile Status (SIJ): For certain immigrant youth, obtaining guardianship is a required step before applying for SIJ, which is a pathway to legal status in the U.S.

Why You Need an Immigration Guardianship Attorney

Navigating both asylum and guardianship laws is complex. An experienced immigration guardianship attorney ensures that:

  • All necessary forms are filed correctly and on time.
  • The child’s best interests are represented in both state and federal proceedings.
  • The guardianship order includes the findings needed for immigration relief, such as SIJ status

Step-by-Step: Filing Asylum and Guardianship

  1. Consult an Asylum and Guardianship Lawyer: Get legal advice tailored to your situation.
  2. File for Guardianship in State Court: Begin the guardianship process to protect the child and support their immigration case.
  3. File for Asylum with Immigration Authorities: Submit the asylum application, either as a family unit or for the child individually.
  4. Coordinate Both Cases: Your attorney will ensure the guardianship findings support the asylum or SIJ application.

Frequently Asked Questions

Q: Can guardianship help my child’s asylum case?
A: Yes. A legal guardian can act in the child’s best interests and help secure the findings needed for immigration relief, like SIJ

Q: Is it faster to file both at the same time?
A: While you can initiate both processes concurrently, each has its timeline and requirements. Coordinating them is essential for the best outcome.

Conclusion

If you’re facing the challenge of protecting a child through both asylum and guardianship, don’t go it alone. An asylum and guardianship lawyer can help you file both processes together, ensuring every legal requirement is met and your loved one’s future is secure.