Asylum One Real Rule Exeption Club

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ndakaasylee

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Hi guys please share your stories about how you got around the one year rule exemption with an immigrations officers.I have a scheduled asylum interview in a week and I just realised I am out of status after I sent in my application.I have an f-1 visa with an I-20 date of december 2006.I finished my classes earlier and asked my international affairs adviser for permission to leave one class till december 2006.Apparently he terminated my status.I am finishing my last class this december.
What should I do? What exemption should I argue?If I do will the officer need the argument in writing or orally?
And also on my application I put that I was in status?Do they check SEVIS?What should I do?
P/s I am going to consult with a lawyer but I need some of your ideas so I can discuss with him/her.
Also my case is pretty strong with evidence.
 
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ndakaasylee said:
Hi guys please share your stories about how you got around the one year rule exemption with an immigrations officers.I have a scheduled asylum interview in a week and I just realised I am out of status after I sent in my application.I have an f-1 visa with an I-20 date of december 2006.I finished my classes earlier and asked my international affairs adviser for permission to leave one class till december 2006.Apparently he terminated my status.I am finishing my last class this december.
What should I do? What exemption should I argue?If I do will the officer need the argument in writing or orally?
And also on my application I put that I was in status?Do they check SEVIS?What should I do?
P/s I am going to consult with a lawyer but I need some of your ideas so I can discuss with him/her.
Also my case is pretty strong with evidence.
Click to expand...

Hi ndakaasylee,

I am not sure if I understand your status right now. If you are still taking classes and going to finish the class in December why are you out of status right now? Are you out of status because you are talking only one class instead of the full load required for F-1 visa? Please clarify this part so that we can better help you. Also, when did you send you application?

I am not sure of the law/rules since the SEVIS was implemented, but aren't you allowed to stay one more year for practical training? When I was a student, you could stay one more year to work without applying for H1B visa. If that's still true, you might not be out of status.

About the one year exemption, if you were still in status when you sent you application, I think you can get it. I applied for asylum status after 6 years of entering the US. I was in status the whole time, but in my case, the status of my country changed drastically while I was here and I told the IO that I can't go back because of the current situation. I hope this helps. Also, please tell us why you are applying for asylum now...is it because the situation in your country changed now or is your asylum based on things that happened before you came on F1? If it's the second one, you might have to prove why you waited this long to apply.

Good luck!
 
MGTgrl said:
Hi ndakaasylee,

I am not sure if I understand your status right now. If you are still taking classes and going to finish the class in December why are you out of status right now? Are you out of status because you are talking only one class instead of the full load required for F-1 visa? Please clarify this part so that we can better help you. Also, when did you send you application?

I am not sure of the law/rules since the SEVIS was implemented, but aren't you allowed to stay one more year for practical training? When I was a student, you could stay one more year to work without applying for H1B visa. If that's still true, you might not be out of status.

About the one year exemption, if you were still in status when you sent you application, I think you can get it. I applied for asylum status after 6 years of entering the US. I was in status the whole time, but in my case, the status of my country changed drastically while I was here and I told the IO that I can't go back because of the current situation. I hope this helps. Also, please tell us why you are applying for asylum now...is it because the situation in your country changed now or is your asylum based on things that happened before you came on F1? If it's the second one, you might have to prove why you waited this long to apply.

Good luck!
Click to expand...
Thanks a lot for your response.It's nice to have someone who is very willing to help.Right now I am out of status.I just found out from my school.On my application I put that I was in status because I didn't know my school advisor terminated me.So I put the wrong thing on the application.
I can argue either extraordinary circumstances because the school official wrongfully terminated me.I shoul be in status right now.
OR
Changed situation in Country.This is difficult because my application is because of something that happened in the past to me in my country.That said thought things were going to get better but they took a turn for the worse.
I truly appreciate your help. Not any sharp lawyers advice can top precedents(cases that have happened to people first hand)
 
ndakaasylee said:
Hi guys please share your stories about how you got around the one year rule exemption with an immigrations officers.I have a scheduled asylum interview in a week and I just realised I am out of status after I sent in my application.I have an f-1 visa with an I-20 date of december 2006.I finished my classes earlier and asked my international affairs adviser for permission to leave one class till december 2006.Apparently he terminated my status.I am finishing my last class this december.
What should I do? What exemption should I argue?If I do will the officer need the argument in writing or orally?
And also on my application I put that I was in status?Do they check SEVIS?What should I do?
P/s I am going to consult with a lawyer but I need some of your ideas so I can discuss with him/her.
Also my case is pretty strong with evidence.
Click to expand...
u should keep going to school untill you recieve interview decision for asylum . Do you have a immigration lawyer ??? it is better to be in status . in case if they deny your asylum application . you will have chance for written rebutal(no court hearing) if you are in status f1 . If you already out of status IF USCIS denies your asylum claim . They want ask you written rebutal .They will automaticly refer you to immigration court hearing. You should have consulted with immigration officer before doing anything:eek: i had F1 status. they will find out that you are out of status .i hope you will be approved .
 
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SINNERSROOM said:
u should keep going to school untill you recieve interview decision for asylum . Do you have a immigration lawyer ??? it is better to be in status . in case if they deny your asylum application . you will have chance for written rebutal(no court hearing) if you are in status f1 . If you already out of status IF USCIS denies your asylum claim . They want ask you written rebutal .They will automaticly refer you to immigration court hearing. You should have consulted with immigration officer before doing anything:eek: i had F1 status. they will find out that you are out of status .i hope you will be approved .
Click to expand...
So should I tell the immigrations officer that I am out of status since I put on my application that I was.My school rep terminated or can I say wrongfully terminated.It's to late to get back into status because Iam graduating this december.
 
ndakaasylee said:
So should I tell the immigrations officer that I am out of status since I put on my application that I was.My school rep terminated or can I say wrongfully terminated.It's to late to get back into status because Iam graduating this december.
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how can you be graduating if you are already out of status?
You dont have to tell them anything .They will find out . i advise you immediately talk to an immigration LAWYER . do you know that you will be in deportation proceeding if you cant prove your asylum claim in court. how did you apply for asylum ? you sound strange ;) you shouldnt communicate with immigration officer byyourself without legal help .they will treat you like sh*t and deport you backhome!!!
 
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ndakaasylee said:
Thanks a lot for your response.It's nice to have someone who is very willing to help.Right now I am out of status.I just found out from my school.On my application I put that I was in status because I didn't know my school advisor terminated me.So I put the wrong thing on the application.
I can argue either extraordinary circumstances because the school official wrongfully terminated me.I shoul be in status right now.
OR
Changed situation in Country.This is difficult because my application is because of something that happened in the past to me in my country.That said thought things were going to get better but they took a turn for the worse.
I truly appreciate your help. Not any sharp lawyers advice can top precedents(cases that have happened to people first hand)
Click to expand...
ndakaasylee,

Can you talk to your school about your wrongful termination so that they can put you back in status? I am not sure why the school will put you out of status if you are still taking classes! Just talk to them and make sure they change that info on the system.

As far as the interview is concerned, the best thing to do is be honest. Make sure you have a letter or some other evidence from your school that shows that you are still in school.

Once your out of status thing is straightened out, you should convince the IO the situation that changed in your country is affecting you now instead of before. They don't want to hear that you applying for asylum now because you are graduating and you don't want to go back. You have to have a really good reason. Like Sinnersroom said, you need to talk to an immigration lawyer to make sure you get everything right.

If it helps you let me tell you about my story a little bit. When I came in the US, I came with tourist visa (1993). Then I decided to go to school here, and I changed my status to F1. Afte I graduated, I decided to work for 1 year with my practical training status. Then I decided to work longer, so I get H1B visa. All this time, I never wanted to stay here forever. I wanted to get more work experience here so that I can go back home and open a business or something with my dad. But while I was working, the situation in my country changed drastically and my ethnic group started being descriminated and my family back home was affected very badly. They got uprooted and stuff like that. Anyway, I decided to apply for asylum then because I couldn't go back home. So when the IO asked me why applied this late, I told him the truth and told him that I never intended to stay here, but now that my country descrimnates against my ethnic group and that they uprooted my family, I don't have a country to go to anymore. To make the story short, my asylum was approved and I here am now.

Anyway, sorry that my post is too long, but I just wanted to show you that if you have a valid reason for deciding to apply for asylum now, you don't have anything to worry about (at least about this). Just talk to immigration lawyer and talk to your school about your status too.

Good luck
 
Last edited by a moderator:
ndakaasylee said:
So should I tell the immigrations officer that I am out of status since I put on my application that I was.My school rep terminated or can I say wrongfully terminated.It's to late to get back into status because Iam graduating this december.
Click to expand...

nkdasasylee,

If you are finishing your last class this december then you should not be out of status till the class is finished. As an F-1 student, you have to have at least 12 credits but you are allowed to have less than that if that is all you need to complete your course of study. Are you sure your international student adivsor terminated your status or did he or she only re-issue you an I-20 that terminates in December 2006?

Regardless, you should have applied for a work permit for Practical Training after your F-1 which would have given you an extra year to receive your asylum decision and would have allowed you to work.

What date does your I-20 expire? You have to let the officer know that your status is expiring soon and you are respectfully requesting that a decision be made on your asylum application before that. I was in the same boat where my asylum interview was two months before my work permit expired (received for Practical Training). I barely got my Recommended Approval decision in time but I received it and was always in status.
 
MGTgrl said:
ndakaasylee,

Can you talk to your school about your wrongful termination so that they can put you back in status? I am not sure why the school will put you out of status if you are still taking classes! Just talk to them and make sure they change that info on the system.

As far as the interview is concerned, the best thing to do is be honest. Make sure you have a letter or some other evidence from your school that shows that you are still in school.

Once your out of status thing is straightened out, you should convince the IO the situation that changed in your country is affecting you now instead of before. They don't want to hear that you applying for asylum now because you are graduating and you don't want to go back. You have to have a really good reason. Like Sinnersroom said, you need to talk to an immigration lawyer to make sure you get everything right.

If it helps you let me tell you about my story a little bit. When I came in the US, I came with tourist visa (1993). Then I decided to go to school here, and I changed my status to F1. Afte I graduated, I decided to work for 1 year with my practical training status. Then I decided to work longer, so I get H1B visa. All this time, I never wanted to stay here forever. I wanted to get more work experience here so that I can go back home and open a business or something with my dad. But while I was working, the situation in my country changed drastically and my ethnic group started being descriminated and my family back home was affected very badly. They got uprooted and stuff like that. Anyway, I decided to apply for asylum then because I couldn't go back home. So when the IO asked me why applied this late, I told him the truth and told him that I never intended to stay here, but now that my country descrimnates against my ethnic group and that they uprooted my family, I don't have a country to go to anymore. To make the story short, my asylum was approved and I here am now.

Anyway, sorry that my post is too long, but I just wanted to show you that if you have a valid reason for deciding to apply for asylum now, you don't have anything to worry about (at least about this). Just talk to immigration lawyer and talk to your school about your status too.

Good luck
Click to expand...
 
MGTgrl said:
ndakaasylee,

Can you talk to your school about your wrongful termination so that they can put you back in status? I am not sure why the school will put you out of status if you are still taking classes! Just talk to them and make sure they change that info on the system.

As far as the interview is concerned, the best thing to do is be honest. Make sure you have a letter or some other evidence from your school that shows that you are still in school.

Once your out of status thing is straightened out, you should convince the IO the situation that changed in your country is affecting you now instead of before. They don't want to hear that you applying for asylum now because you are graduating and you don't want to go back. You have to have a really good reason. Like Sinnersroom said, you need to talk to an immigration lawyer to make sure you get everything right.

If it helps you let me tell you about my story a little bit. When I came in the US, I came with tourist visa (1993). Then I decided to go to school here, and I changed my status to F1. Afte I graduated, I decided to work for 1 year with my practical training status. Then I decided to work longer, so I get H1B visa. All this time, I never wanted to stay here forever. I wanted to get more work experience here so that I can go back home and open a business or something with my dad. But while I was working, the situation in my country changed drastically and my ethnic group started being descriminated and my family back home was affected very badly. They got uprooted and stuff like that. Anyway, I decided to apply for asylum then because I couldn't go back home. So when the IO asked me why applied this late, I told him the truth and told him that I never intended to stay here, but now that my country descrimnates against my ethnic group and that they uprooted my family, I don't have a country to go to anymore. To make the story short, my asylum was approved and I here am now.

Anyway, sorry that my post is too long, but I just wanted to show you that if you have a valid reason for deciding to apply for asylum now, you don't have anything to worry about (at least about this). Just talk to immigration lawyer and talk to your school about your status too.

Good luck
Click to expand...
Thanks again for your response.Don't worry I like a long response because it is informational.Can my school put me back in status?The reason why I was terminated is I was not attending school because I asked for permission to do that.I was planning on applying for OPT when I found out I WAS OUT OF STATUS.
 
ndakaasylee said:
Thanks again for your response.Don't worry I like a long response because it is informational.Can my school put me back in status?The reason why I was terminated is I was not attending school because I asked for permission to do that.I was planning on applying for OPT when I found out I WAS OUT OF STATUS.
Click to expand...

Your school cannot put you back into status. The only way the school would be able to do that is if you can prove that it was a medical necessity for you to fall out of status. When you say you "asked them permission" what does that mean? Your school cannot grant you permission to "not attend school." You cannot "take a semester off" or fall under 12 credits if you are in F-1 status. Your school should have told you that once you fall out of status, the only way you can be reinstated is if you return to your home country and re-apply for an I-20. Then, you will have to get a US Visa from the nearest consulate/embassy and then re-enter the US. You are not able to do that anymore since you have already applied for asylum and you will not be granted a Non-Immigrant F-1 visa due to conflicting intent.

Since you have already applied for asylum, you best bet is to make sure your asylum claim is rock solid and you have a good lawyer. Since you are already out of status, the one year rule exemption may not even apply to you. When you applied for asylum, were you in or out of status? Your asylum may be denied for this reason unless you had extraordinary circumstances or conditions in your country have changed.
 
ASSYLEE said:
Your school cannot put you back into status. The only way the school would be able to do that is if you can prove that it was a medical necessity for you to fall out of status. When you say you "asked them permission" what does that mean? Your school cannot grant you permission to "not attend school." You cannot "take a semester off" or fall under 12 credits if you are in F-1 status. Your school should have told you that once you fall out of status, the only way you can be reinstated is if you return to your home country and re-apply for an I-20. Then, you will have to get a US Visa from the nearest consulate/embassy and then re-enter the US. You are not able to do that anymore since you have already applied for asylum and you will not be granted a Non-Immigrant F-1 visa due to conflicting intent.

Since you have already applied for asylum, you best bet is to make sure your asylum claim is rock solid and you have a good lawyer. Since you are already out of status, the one year rule exemption may not even apply to you. When you applied for asylum, were you in or out of status? Your asylum may be denied for this reason unless you had extraordinary circumstances or conditions in your country have changed.
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Thanks for responding.I can use the one year exception rule because country conditions have changed.My problem is that I put on my application that I was in status and submitted my I-20 and a letter showing my graduation date.I didn't know that I was not in status.This is wrongful information on the application.How can I mend this?
 
ndakaasylee said:
Thanks for responding.I can use the one year exception rule because country conditions have changed.My problem is that I put on my application that I was in status and submitted my I-20 and a letter showing my graduation date.I didn't know that I was not in status.This is wrongful information on the application.How can I mend this?
Click to expand...


They have not approved anything for you yet. Everything you have put on your application is subject to review at interview. You can make corrections at the interview. You can mention before the officer asks you or you can correct it when he or she asks you, but if you are sure they will find it out any way it is good idea to write to them or raise the issue with interviewing officer at the interview. For example, when the officer calls you in for an interiview before everything else you can mention that you have some corrections to make to the record, and he/she will let you do that, but I have no idea how this will affect your changes of getting asylum approved, but the error is correctable. The big problem is if you tell the interviewing officer that you are in status and he finds out that you are not.

You are in critical situation brother/sister: I wish you the best luck. Always keep your spirit up and God will support you in this critical stage. Some asylum officers are easy going; others are difficult. I wish you find and easy going one. Good luck
 
faysal said:
They have not approved anything for you yet. Everything you have put on your application is subject to review at interview. You can make corrections at the interview. You can mention before the officer asks you or you can correct it when he or she asks you, but if you are sure they will find it out any way it is good idea to write to them or raise the issue with interviewing officer at the interview. For example, when the officer calls you in for an interiview before everything else you can mention that you have some corrections to make to the record, and he/she will let you do that, but I have no idea how this will affect your changes of getting asylum approved, but the error is correctable. The big problem is if you tell the interviewing officer that you are in status and he finds out that you are not.

You are in critical situation brother/sister: I wish you the best luck. Always keep your spirit up and God will support you in this critical stage. Some asylum officers are easy going; others are difficult. I wish you find and easy going one. Good luck
Click to expand...
You don't know how your spirit has uplifted me.Thank you very much.To have the one year rule exeption do you argue orally or you put it in writing?
 
As far as i know if you miss 3 days at school .U will be out of status . U need to talk to lawyer if you want to be reinstated again . i remember there is a way to get back into status. there is a form to file(if you have believable reason) . optional practical training is 1 yr .and you need to apply for work permit through school for that . man you dont know what u doing :eek:
i am telling you man talk to lawyer .nobody is lawyer here . you will regeret afterwards .at least consult it costs mAX $ 100 only.
if you dont have money .i suggest you to wait for interview. see what will happen.If they approve you u will be fine .If you get denial .Your case will be refered to immigration judge who will decide your future .(you must hire a lawyer otherwise IJ wont listen to you) Keep in mind u broke a law already . i mean f 1 status.
i hope you didnt work with social which school gave you :cool: if you did work with social .u are in deep sh*t .they might arrest you;) change your address if you get denial ;)
dont worry u might get approved by judge . risk is they might arrest you right after interview and put you to detention center .where u wont have access to legal help .you will work for flight ticket .

i cant tell you what you have to tell to Immigratio Officer .Because I am not a lawyer . I think you should go to interview .(with Lawyer) Forget about status NOW.Keep in mind if u go alone to an interview you can mess up your case so badly that none of the lawyers in universe will be able to help you.
I think immigration officer wont be able to approve your case becasuse you are out of status . he will refer you to immigration judge.
I know ppl who were approved but they applied for asylum within 1 yr .
 
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SINNERSROOM said:
As far as i know if you miss 3 days at school .U will be out of status . U need to talk to lawyer if you want to be reinstated again . i remember there is a way to get back into status. there is a form to file(if you have believable reason) . optional practical training is 1 yr .and you need to apply for work permit through school for that . man you dont know what u doing :eek:
i am telling you man talk to lawyer .nobody is lawyer here . you will regeret afterwards .at least consult it costs mAX $ 100 only.
if you dont have money .i suggest you to wait for interview. see what will happen.If they approve you u will be fine .If you get denial .Your case will be refered to immigration judge who will decide your future .(you must hire a lawyer otherwise IJ wont listen to you) Keep in mind u broke a law already . i mean f 1 status.
i hope you didnt work with social which school gave you :cool: if you did work with social .u are in deep sh*t .they might arrest you;) change your address if you get denial ;)
dont worry u might get approved by judge . risk is they might arrest you right after interview and put you to detention center .where u wont have access to legal help .you will work for flight ticket .

i cant tell you what you have to tell to Immigratio Officer .Because I am not a lawyer . I think you should go to interview .(with Lawyer) Forget about status NOW.Keep in mind if u go alone to an interview you can mess up your case so badly that none of the lawyers in universe will be able to help you.
I think immigration officer wont be able to approve your case becasuse you are out of status . he will refer you to immigration judge.
I know ppl who were approved but they applied for asylum within 1 yr .
Click to expand...
What about the one year rule exeptin.Personal circumstances or changes in country condition
 
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