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Can f-1 student apply for asylum after 1 year of entry?

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  • Can f-1 student apply for asylum after 1 year of entry?

    Hello guys,

    I have been in the states for 16 months now, which is obviously over than a year, I went over the asylum regulations and it said that you CAN NOT apply for asylum after one year of entering the states. I am originally from Iraq, I have consulted couple of attorneys and most of them encouraged me to go ahead and apply for it, I am not sure if they were encouraging just so they can get thier fees or they were genuine in thier anaylsis for my case, could you please help me with this matter?

    Thank you

  • #2
    If you're from Iraq then I don't see any reasons on why you can't apply for Asylum.

    Normally, you're required to file for asylum within the first 12 months but in your case, you have a massive chance of getting approved, provided that you succeeded in providing all the necessary / convincing documents.

    I know a lot of people who've actually filed for asylum after 4 years and got approved.

    Good luck.

    Comment


    • #3
      Thank you so much for taking the time and replying to my message, I don't mean to be noisy or to intrude but could can you by any chance fill me in about your friends cases meaning: Nationality, what was the reason they used for thier case? can you recommend any good attorney?

      Thank you

      Comment


      • #4
        Originally posted by Mack83 View Post
        Thank you so much for taking the time and replying to my message, I don't mean to be noisy or to intrude but could can you by any chance fill me in about your friends cases meaning: Nationality, what was the reason they used for thier case? can you recommend any good attorney?

        Thank you

        You can still apply for asylum after one year deadline. I personally applied for asylum after 3 years and was approved by IJ. When you apply for asylum after 1 year deadline you have to covience the officer or IJ incase your case gets transfered to court, regarding situation changed in your home country,any unusual circumstances happened or because of any medical situation due to which you couldnt apply for an asylum.You have to show proof and valid documentation explaining you failure to file for asylum within 1 year deadline. Also you should keep in mind that failing to file asylum within 1 year has a highest possiblity that you case will be transferred to IJ as most of the officers either dont have the authority or are reluctant to approve cases which were filed after 1 year (again it depends on case to case).Pls correct me here guys If Iam wrong. But that should be your least concern.As far as your case is concerned I would recommend you to go ahead and get all your paperwork together. Make sure you get a good lawyer because it does make all the difference and Best of luck !!!

        Comment


        • #5
          Thank you silverspoon for clearing that part for me, but I was worried about the one year deadline since most of the people/attorneys I discussed my case with were pointing out to the one year deadline and how to overcome this deadline. What excuse for the 12 months deadline did you provide for your case? did you go infront of the IJ?? can you recomment any good lawyers?

          Thank you

          Comment


          • #6
            A recent court ruling held that the one year deadline starts from your LAST entry into the United States. So if you have left any time in the last year you will be able to file the application on time. Also, if you cannot file the application on time you can file an application late if you can prove recent changed circumstances that materially affects your eligibility for asylum. Even if you cannot prove those changed circumstances and cannot get asylum, you are always eligible to file for withholding of removal. Withholding of removal allows you to stay in the U.S. and obtain work authorization, but you will not be able to get a greencard, U.S. citizenship or (normally) travel outside the U.S. based on withholding of removal status.

            As for lawyers, you need to tell me where you live before I can recommend a good attorney in your area. If you don't have a good attorney in your area you can hire one from somewhere else but it will cost more.
            Nothing posted herein should be construed as legal advice or imply an attorney-client relationship. All content is intended for informational purposes only. Before undertaking any legal action on their own behalf, all persons should understand that they do so at their own risk. If you seek legal advice or legal information beyond the scope of this posting you can PM me or contact any attorney of your choosing.

            Comment


            • #7
              I applied for an F-1 visa my case is still pending and l then decided to apply for asylum and l have already stayed more than a year in the USA what are my chances of getting it approved. I came on a tourist visa that has already expired so am basically out of status though my F-1 is currently pending.
              Will this be asked at the asylum hearing help!

              Comment


              • #8
                Brian your case is complicated.How can you be out of status and have an F-1 pending.If you are out of status,then you are an illegal immigrant.

                But your application will be considered even though you are illegal.

                Comment


                • #9
                  Marck83,
                  I applied for asylum after 7 years. I have been an F1 for seven years. If you are in valid status then you case will not be referred to IJ. You just need to tell IO the reason why you didnt apply within 12 months of your arrival... any change of circumstance that warrants your fear of persecution in COP. I guess the one year time frame is not very serious if you can support your argument. My case is still pending after I interviewed at the end of July. IO didnt even ask me why it took me too long, I just offered him the info and he noted it down.
                  Give it a try.

                  Comment


                  • #10
                    mack, IMO go apply!! dont have to get a lawyer too just make sure you check and recheck your paperwork.
                    06/18/13: N-400 mailed to AZ
                    06/19/13: N-400 delivered
                    06/25/13: Check cashed
                    06/27/13: NOA received (Priority Date: 06/20/13 )
                    07/01/13: FP notice recd
                    07/03/13: FP Walk in done
                    07/08/13: In line for Interviewing scheduling
                    08/19/13: Interview Scheduled
                    09/23/13: Interview date
                    10/08/2013: Oath scheduling queue
                    10/11/13: Oath Letter received
                    10/23/13: Oath Ceremony

                    Comment


                    • #11
                      Originally posted by aliwa View Post
                      Marck83,
                      I applied for asylum after 7 years. I have been an F1 for seven years. If you are in valid status then you case will not be referred to IJ. You just need to tell IO the reason why you didnt apply within 12 months of your arrival... any change of circumstance that warrants your fear of persecution in COP. I guess the one year time frame is not very serious if you can support your argument. My case is still pending after I interviewed at the end of July. IO didnt even ask me why it took me too long, I just offered him the info and he noted it down.
                      Give it a try.
                      Hello,
                      The condition in my home country(nepal) hasn't changed; it is still bad as was 7 years ago. What other changes in circumstances can be used for 1 year waiver? Can you provide some examples like in your case.
                      Any help would be appreciated thanks...

                      Comment


                      • #12
                        Please Help!

                        Currently awaiting my interview for asylum. I have assumed unauthorized employment because I had no other means of supporting myself during the wait period. How will this affect my application? will they flat out deny it?
                        Always speak the truth but be leave immediately afterwards.

                        Comment


                        • #13
                          Mack83,

                          I applied 4 years after I entered the US and got approved by an immigration judge. The asylum application is the one where I really recommend you hire or at least consult a lawyer. You will be interviewed so you really need to understand how to approach this and what you need to stress on. This can save you years of proceedings.
                          Too many people just describe the general political situation and hope to get approved. That's not good enough. USCIS and State dept already have reports from your country. You need to show why you think yourself, or a group you belong to (family, ethny, church, political party, sexual orientation, etc..) has been, or is likely to become victim of persecution. That's the key.
                          So even though there might not be any recent change in Irak, your personal situation could have changed. Some Iraki officer might have decided to go after your family, some religious clerik may have decided to go after people of your religious beliefs, or you may think you are likely to be targeted because of a close relative's political involvement etc...
                          Last edited by dave_bj; 22nd September 2009, 10:17 AM.
                          07/15/09 I-485 Receipt
                          08/18/09 Bio3
                          09/02/09 GC approved
                          09/12/09 GC in hand
                          06/06/13 N-400 mailed
                          06/21/13 NOA Received
                          06/22/13 FP Notice receipt
                          06/26/13 FP completed (walk in)
                          07/10/13 FP appointment
                          09/23/13 Interview Notice
                          10/30/13 N400 Interview and Oath ceremony
                          10/31/13 Passport Application

                          Comment


                          • #14
                            hi

                            i came to usa on visit visa then got approved to change status to f1 and start studying, and since i am here its almost 17 months, and in these last 16 months the situation in my country is going worst and now we almost daily facing suicide attack every where in our country, now i plan to apply for asylum, is that possible to apply, and if possible then how much chances to get approved, i also call my wife and son. and now they are with me on f2 visa.

                            Comment


                            • #15
                              Originally posted by dave_bj View Post
                              Mack83,

                              I applied 4 years after I entered the US and got approved by an immigration judge. The asylum application is the one where I really recommend you hire or at least consult a lawyer. You will be interviewed so you really need to understand how to approach this and what you need to stress on. This can save you years of proceedings.
                              Too many people just describe the general political situation and hope to get approved. That's not good enough. USCIS and State dept already have reports from your country. You need to show why you think yourself, or a group you belong to (family, ethny, church, political party, sexual orientation, etc..) has been, or is likely to become victim of persecution. That's the key.
                              So even though there might not be any recent change in Irak, your personal situation could have changed. Some Iraki officer might have decided to go after your family, some religious clerik may have decided to go after people of your religious beliefs, or you may think you are likely to be targeted because of a close relative's political involvement etc...
                              hey Dave i been here for 8 years now just finsish school and was thinking about applying for assylum

                              Comment


                              • #16
                                hey guys i need a good asylum story to build..i been here for eight years now and i cant get back to my country because i m scared they will give me away for arraged marrage that was to be done after i finish school which i did. please i need a good construction and more help because i dont know much about assylum and i need to file for one.

                                thank you

                                Comment


                                • #17
                                  ok i have been in united states for about 3 years now and my brother about two years but i have been out of status for past 7-8 months and my brother for about a year. We want to file for asylum. My parents however filed for theor asylum and got theirs and they put our names as subject to danger if we do return back home. Also our parents were our primary sponsor and since they are here on asylum they couldnt pay for us so we had to quit school and all and we didnt knew what to do as my parents were doing their asylum so we waited. Now the thing is we as in me and my brother want to file for asylum We are from Nepal and my parents got their asylum in september 09. Please if there is anyone that can help me with the situation. also do i really have to hire a lawyer because its expensive and i was thinking show all the papers that my dad used and just have a good interview with the IO. and nepal is still messed up and my story is infact true and not made up like other asylees try to do it coz i know it will back fire if i try to make stories just to get my papers. Please some one help me my email add is calm_sam@hotmail.com. please some one i need some good advice

                                  Comment


                                  • #18
                                    How old are you calm_sam?

                                    Comment


                                    • #19
                                      I have applied for a student visa a couple of months ago and I received my I-20 , now i am in US and not interested in the university and my visa is going to be expired in a month, i am applying for a assylum visa and I have a Armenian passport while my home country is Iran, I lived in Armenia 2 years and I did apply for a student visa from there.
                                      I want to know if i can apply for asylum since i have military problems back in Iran and I am not willing to go back to that country.
                                      Please let me know what i have to do and if I can get succeed with a good lawyer.

                                      Comment


                                      • #20
                                        i am 22 and my brother is 24 i know that if i were 20 i could have gotten it from my parents but i know i cant need some advice as i am about to file pretty soon.

                                        Comment

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