Hi,
I know that if you are applying for Asylum while you are still a Full time F-1 Student and Maintain Your Status,
and somehow Asylum Officer DENY your Asylum, that mean you can revert back to your Legal F-1 status
and stay legally in US until your I-20 expired.
This is the positive side,...
The down side is you can NOT appeal your case to immigration judge if you are still maintaining your status.
Just an example case to make it easier to understand,
Assume that I am a 4 year University student with valid F-1 Visa and maintaining that status
with full time study at my university and never work outside school or inside school, so I am
completely law abiding F-1 Student. Then I apply for asylum but got denied by the asylum officer.
Since I am still in status, I am not facing deportation and can continue my study until I finish
under my F1 status.
My question is, After I graduate from My school,
and My I-20 expired (presumably 3.5 years after the Asylum Officer deny my case)
can I appeal the SAME asylum case that got rejected 3.5 years ago by the asylum officer
to the immigration judge since I already out of status by that time ?
or do I need to open a NEW asylum case and start with meeting the asylum officer for interview again ?
Because I don't think I will be able to have a new case/circumstance/evidence to open a new case...
Is it simply better for me to just fall out of status from my F-1 visa FIRST before I apply for asylum ?
Intentionally fall out of status here mean I intentionally stop attending school just to make me
become out of status ?
Because this way I can be certain that I will be able to appeal to immigration judge because
I am out of status.(just in case the asylum officer deny my case).
It does seemed odd... please someone who understand explain to me
Thanks
I know that if you are applying for Asylum while you are still a Full time F-1 Student and Maintain Your Status,
and somehow Asylum Officer DENY your Asylum, that mean you can revert back to your Legal F-1 status
and stay legally in US until your I-20 expired.
This is the positive side,...
The down side is you can NOT appeal your case to immigration judge if you are still maintaining your status.
Just an example case to make it easier to understand,
Assume that I am a 4 year University student with valid F-1 Visa and maintaining that status
with full time study at my university and never work outside school or inside school, so I am
completely law abiding F-1 Student. Then I apply for asylum but got denied by the asylum officer.
Since I am still in status, I am not facing deportation and can continue my study until I finish
under my F1 status.
My question is, After I graduate from My school,
and My I-20 expired (presumably 3.5 years after the Asylum Officer deny my case)
can I appeal the SAME asylum case that got rejected 3.5 years ago by the asylum officer
to the immigration judge since I already out of status by that time ?
or do I need to open a NEW asylum case and start with meeting the asylum officer for interview again ?
Because I don't think I will be able to have a new case/circumstance/evidence to open a new case...
Is it simply better for me to just fall out of status from my F-1 visa FIRST before I apply for asylum ?
Intentionally fall out of status here mean I intentionally stop attending school just to make me
become out of status ?
Because this way I can be certain that I will be able to appeal to immigration judge because
I am out of status.(just in case the asylum officer deny my case).
It does seemed odd... please someone who understand explain to me
Thanks