Can a student...

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sloomoo

New Member
Recently, I went home country for 2 weeks and had a horrible exprience. I almost got killed cause I denied the donation to a poltical group. I don't think I will be able to go back and live in my country based on current sisutation.
I am a student doing my masters, currently I am in F1 status. I would like to file asylum based on the incident. But have few questions. Can a student file for asylum? what happens if it gets rejected? Can he still continue his study or does go back home?

Thanks,
 
there is no contradiction in filing for asylum while on F1. If it gets denied, you will maintain your status(F1) and continue schooling. No need to panic give it a shot buddy, build your case up and have evidence about the claimed fear. Goodluck.
 
JOJOS - Please be careful on the advise that you are providing, they could be misleading.
Yes, be mindful that any body could apply for asylum...
But when one gets denied, one will be placed under removal proceeding, meaning "deportation process". If applicant is on F1 gets denied, does not go over the appellate process, the F1 visa becames void, and he or she will be kicked out of the country.
Summarizing: you will be better off, to get approved, or to appeal the denial until overturn to an approval, or leave the country, no other options.

I don't mean to scare you, what that's how the usually process works.

Best Luck/
 
themen- please do not scare people off because that is exactly what ur doing buddy! :o)

I was on a student visa when I filed for asylum and I did it with a very professional and experienced lawyer so I know how this works. Sloomoo, jojo is correct. When u have a valid status in the US, such as F1, and u file for asylum, ur valid status will be put on hold. U will undertake the normal application process until ur interview with an asylum officer is complete. If u get approved u will become and asylee in the US. If, however, you get denied, you will be put back on ur previous status and in ur case ur status is reverted to F1, as long as you meet all the immigration requirements as a student.

good luck
 
tribute you are right too, i was a student. be careful not to fall out of status before you are approved (although most filers are normally out of status). have a claim that you can back and justify and you will be fine.
 
sloomoo said:
Recently, I went home country for 2 weeks and had a horrible exprience. I almost got killed cause I denied the donation to a poltical group. I don't think I will be able to go back and live in my country based on current sisutation.
I am a student doing my masters, currently I am in F1 status. I would like to file asylum based on the incident. But have few questions. Can a student file for asylum? what happens if it gets rejected? Can he still continue his study or does go back home?

Thanks,
Click to expand...

Being a student does not prevent you from applying for asylum. A good number of students do apply for asylum. If you are not successful then you can (most of the time) resume your status as a student. I suggest that you consult an attorney before taking such a major step. Good luck.
 
jojos said:
tribute you are right too, i was a student. be careful not to fall out of status before you are approved (although most filers are normally out of status). have a claim that you can back and justify and you will be fine.
Click to expand...

Applicants in status are processed differently from people out of status. People out of status will be sent to an immigration judge for deportation proceeding if his asylum application is not successful. Bear in mind that when an applicant is before an immigration judge he can apply for asylum again. And in terms of statistics, it is easier to get asylum from an immigration judge than from an immigration (asylum) officer.
 
Thank you Jojos, Thankful, Themen & Tributeblinky for you time and answers. So I have decided to apply for the Asylum. But a new question came up. My dad mom and sister who are back home aren't doing good either. My dad has to close his business, 7 years ago, and move to a different city cause of some poltical group. When I apply for my Asylum, can I add my parents and sister(24 years old)? If yes, will that effect my application or, should they rather apply seperatly?
Thanks in advance again?
 
sloomoo, you can only add your spouse and children in you asylum application as derivative asylees. Your dad or mom (one) can apply for asylum separately and include each other in the application and also add your sister to it.

although, because they are not in the states, they have to come here through the refugee program which is harder to be approved for. if possible it is a better idea for them to get a visa and come to the states and ask for asylum at the boarder.

it is wise that you consult an immigration attorney about both your and your family's situation.

good luck
 
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