Don't wait for your legal status near/until invalid to file asylum

2023sf

2023sf

Member
You probably hear that you should wait until your legal status invalid to file your asylum claim. Don't do that. Your change of getting approval from the USCIS would be lower, if you are out of status. You would be ONLY referred to the immigration court, if you are out of status and not granted asylum. You only have one opportunity.

If you are in status, you have at least two opportunities.

The first is that you can submit a rebuttal letter to fight against the NOID. Some people get approved after submitting the rebuttal letter.

The second is that, even though you also receive a Final Denial, it does not mean your asylum application is ended. You have two options:

(1) Writer a letter to the USCIS to request your case to be transferred to the immigration court and try to get asylum from the IJ. That is, request a Notice to Appear.

(2) Resubmit a new form I-589, using the same reason or a different reason. And you will get a second change of asylum interview with the USCIS.
 
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2023sf said:
You probably hear that you should wait until your legal status invalid to file your asylum claim. Don't do that. Your change of getting approval from the USCIS would be lower, if you are out of status. You would be ONLY referred to the immigration court, if you are out of status and not granted asylum. You only have one opportunity.

If you are in status, you have at least two opportunities.

The first is that you can submit a rebuttal letter to fight against the NOID. Some people get approved after submitting the rebuttal letter.

The second is that, even though you also receive a Final Denial, it does not mean your asylum application is ended. You have two options:

(1) Writer a letter to the USCIS to request your case to be transferred to the immigration court and try to get asylum from the IJ. That is, request a Notice to Appear.

(2) Resubmit a new form I-589, using the same reason or a different reason. And you will get a second change of asylum interview with the USCIS.
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Does it mean that if asylum is applied while "in status" (lets says someone was here on B2 visa) and before expiration of B2 visa asylum was applied, and he/she got the receipt.

Now down the road if asylum is denied, he/she can apply again ? as a 2nd attempt ?
 
Abhatti said:
Does it mean that if asylum is applied while "in status" (lets says someone was here on B2 visa) and before expiration of B2 visa asylum was applied, and he/she got the receipt.

Now down the road if asylum is denied, he/she can apply again ? as a 2nd attempt ?
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B2 only has 6 months of staying, if the interview and the final denial is fast (within the 6 months), the person will have a second change of filing I-589, to get a second interview.
 
2023sf said:
B2 only has 6 months of staying, if the interview and the final denial is fast (within the 6 months), the person will have a second change of filing I-589, to get a second interview.
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So practically saying .. No

Never read or heard anyone getting an interview within 6 months
 
Abhatti said:
So practically saying .. No

Never read or heard anyone getting an interview within 6 months
Click to expand...

Practically saying is yes. There are two reasons: (1) In 2018 and 2019, it was possible. Getting interview within 2 months. (2) For F1 students and H1B, it is very possible.
 
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