American familiy member applting for asylum in Germany

Question

My son is american and we have come from out home  ountry and applied for asylum for the rest of 5 family members. I wanted to ask if it is possible for an american to enter asylum procedure because I have asked them to remove him from my case and give him another kind of residence as an american shouldnt be in asylum case but they told me its impossible and that he has to apply with the rest of the family and if i remove him he will not get any kind of residence and i applied for all my family members inckudinf my son but still for two years now rhey havent answered. I filed a law suit against the court and they admistrative court gave them a deadline to answer in a month but they still did not answer so i filed a law suit again to know what kinds of steps they have taken but still no answer. Please give me any help or adivce on what i can do because i livve in a bad situation w my family and I can not handle it anymore.

Answer 1

Hi @lotfika

I am assuming your son is under 18 years of age.

Yes, United States citizens can enter the asylum procedure. Their applications will generally be rejected as the United States is considered a safe country. It is correct that it is not possible for him to receive a residence permit while you are as a family still in the asylum process. You have to await the results of your case. If it is positive, then he will be entitled to a residence permit as the child of someone with a refugee status. If it is negative and you are entitled to a Duldung, he will also be issued with a Duldung.

Regarding your case, it is not clear to me what kind of lawsuits you are referring to. You mention a court, the administrative court and a lawsuit ‘to know what kind of steps they have taken’. I would need to have a clearer picture of your situation in order to provide an answer on it.

Best,

Éanna