A German home-school family seeking asylum in the United States will get the chance to argue their case before a federal appeals court in April.

The Romeike family was forced to flee Germany or risk losing their five children. The German government was trying to make them put their children in public schools.

The U.S. Justice Department has argued against the Romeike family, saying home schooling is not a fundamental right.

A source close to the trial told CBN News it's obvious the Romeikes have suffered for their beliefs in Germany and have grounds for asylum.

But the Justice Department may be more concerned about U.S. relations with Germany.

CBN News's source said if this family is granted asylum there will be an embarrassingly long list of families, who suffered even worse oppression, looking to flee Germany for the United States.

Meanwhile Michael Donnelly, director of International Relations for the Home School Legal Defense Association, said his group is hoping to use the case to get Germany to revise its laws on home schooling.

"It's (Germany) a democracy. They respect human rights," he said. "But in this area it's frightening how they treat people who want to do something very simple."

"There are 2 million children home schooled in the U.S." he continued. "This is not a threat to the German state, but they are treating it that way, and it's wrong."