2Yr F1 Student in USA . If I return home for 2 mths, will my 1 year deadline restart?

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neeoss

New Member
I am a F1 student in US for 2 years+. I did not leave US for any other country in this period.

I know that we have to file for asylum within 1 year of arrival in US.

If I make a trip back to Canada and back, will my timer to file asylum restart from 0 year again?
Or do I have to file asylum based on the fact that I have passed the 1 year deadline?
 
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Is your COP Canada? You NEVER go back to your COP as you are seeking protection against persecution from your COP. Applicants who continue to maintain lawful status, are eligible to the exception to the 1 year filing deadline under extraordinary circumstance. Once he falls out of status, he or she has to apply within reasonable period after expiration or termination of his lawful status.

Seek advice from good lawyers. Many of them give Free initial consultation.
 
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neeoss said:
I am a F1 student in US for 2 years+. I did not leave US for any other country in this period.

I know that we have to file for asylum within 1 year of arrival in US.

If I make a trip back to Canada and back, will my timer to file asylum restart from 0 year again?
Or do I have to file asylum based on the fact that I have passed the 1 year deadline?
Click to expand...

By law, the timer will start from 0 if you leave and come back but it still depends on the officer. He/She has the authority to refer you to a judge or deny your case because you lived in the US for 2 years and you have no extraordinary circumstance.
 
The sylum officer is a human being not a computer, he will consider your prolonged stay in USA before travelling to Canada, however, your return from Canada will reset the deadline and will increase your chances.
 
I am a F1 student in US for 2 years+. I did not leave US for any other country in this period.

I know that we have to file for asylum within 1 year of arrival in US.

If I make a trip back to Canada and back, will my timer to file asylum restart from 0 year again?
Or do I have to file asylum based on the fact that I have passed the 1 year deadline?
Click to expand...

Definitely it would restart your clock but you should be prepared when asylum officer ask you about that during asylum interview.
 
neeoss said:
I am a F1 student in US for 2 years+. I did not leave US for any other country in this period.

I know that we have to file for asylum within 1 year of arrival in US.

If I make a trip back to Canada and back, will my timer to file asylum restart from 0 year again?
Or do I have to file asylum based on the fact that I have passed the 1 year deadline?
Click to expand...

Dear neeoss,

You do not need to go to Canada to "restart" your clock or any of that BS. Everyone has different circumstances and people are giving you incorrect advice.

I am not an immigration lawyer but I know for a 100% fact that you are able to apply for asylum now if you have remained in status for the whole time you were here. The "filing within one year" requirement does not pertain to you if you are in status. I filed for asylum when I had been in the country for 3 years and was still in valid F-1 status. No one asked me about changed cirumcstances, etc. If you don't believe me, check with an immigration lawyer and they will tell you the same thing. Going to Canada may actually hurt your chances as they will ask why you didn't apply for asylum there. Good luck!!
 
Thats right Assylee. Maintaining lawful status falls under extraordinary circumstance exception to the 1 year filing deadline (see my post above).
 
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