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F-1 filing for assylum..
- Thread starter maddy10
- Start date
You can file for asylum as long as you have valid status and does not need to be done by July 2009. You will be able to remain in the country if you still have valid status if your claim is denied. But keep in mind you will probably not be able to extend your F-1 status after that since you have shown that you want to permanently establish yourself in the US.
tributeblinky
Registered Users (C)
You can file for asylum as long as you have valid status and does not need to be done by July 2009. You will be able to remain in the country if you still have valid status if your claim is denied. But keep in mind you will probably not be able to extend your F-1 status after that since you have shown that you want to permanently establish yourself in the US.
wrong! you do NOT need to be in valid status to apply for asylum, but it IS recommended that you do it withing 12 months of arrival in the US. you can still do it after that, but uscis will need some convincing. it seems like you will need a lawyer. i advise you get an experienced one!
wrong! you do NOT need to be in valid status to apply for asylum, but it IS recommended that you do it withing 12 months of arrival in the US. you can still do it after that, but uscis will need some convincing. it seems like you will need a lawyer. i advise you get an experienced one!
Tributeblilnky, please READ what I wrote before calling it "wrong." I never said you NEED to be in valid status to apply for asylum. He doesn't need to apply within a year of being in the country if he has valid status. I applied after I had been in the country for more than 12 months and neither my lawyer, nor the AO made a fuss. It seems that people are being a little dramatic in their advice to others and need to calm down. Tributeblinky, please show me where "uscis will need some convincing" as you put it.
Here is proof of what I said.
http://www.uscis.gov/propub/ProPubVA...a28f5876c6e08e
(5) The term "extraordinary circumstances" in section 208(a)(2)(D) of the Act shall refer to events or factors directly related to the failure to meet the 1-year deadline. Such circumstances may excuse the failure to file within the 1-year period as long as the alien filed the application within a reasonable period given those circumstances. The burden of proof is on the applicant to establish to the satisfaction of the asylum officer, the immigration judge, or the Board of Immigration Appeals that the circumstances were not intentionally created by the alien through his or her own action or inaction, that those circumstances were directly related to the alien's failure to file the application within the 1-year period, and that the delay was reasonable under the circumstances. Those circumstances may include but are not limited to:
(iv) The applicant maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the asylum application;
Last edited by a moderator:
tributeblinky
Registered Users (C)
ASSYLEE, i'll wait for others here to share their experiences and argue this. but in the mean time, read asylum guide provided by uscis at:
http://www.uscis.gov/files/nativedocuments/sf.pdf
look at section "when" and teh section after that. in ur comment before, u posted:
that is a conditional sentence meaning that: "to be eligible to apply for asylum, one must be in valid status."
in my previous comment i mentioned:
the "recommended" implies that it is NOT a MUST, but it is better to do so.
no one is trying to be dramatic, but it is better to advise something that is commonly agreed upon. for immigration services, every case is different. if you did not face any difficulties, that does not necessarily mean that maddy10 will not as well. by following guidelines that are generally accepted and advised, applicants can eliminate any risk involved and have a smoother journey towards their immigration goal.
http://www.uscis.gov/files/nativedocuments/sf.pdf
look at section "when" and teh section after that. in ur comment before, u posted:
\You can file for asylum as long as you have valid status
that is a conditional sentence meaning that: "to be eligible to apply for asylum, one must be in valid status."
in my previous comment i mentioned:
it IS recommended that you do it withing 12 months of arrival in the US
the "recommended" implies that it is NOT a MUST, but it is better to do so.
no one is trying to be dramatic, but it is better to advise something that is commonly agreed upon. for immigration services, every case is different. if you did not face any difficulties, that does not necessarily mean that maddy10 will not as well. by following guidelines that are generally accepted and advised, applicants can eliminate any risk involved and have a smoother journey towards their immigration goal.
God_is_Green
Registered Users (C)
if i will not be able to get the GC after filing assylum will my F-1 status will be revoked and i will be send back to my country?
Looks like you don't know why your are going to file for Asylum! You are worried abt GC than Asylum approval.
Find an attorney and its worth it.
Looks like you don't know why your are going to file for Asylum! You are worried abt GC than Asylum approval.
Find an attorney and its worth it.