potatomato33
New Member
Hello, I'd like to know if there are any issues with an F1 student applying for asylum? I've been in the U.S. legally all six years and have never left the United States, let alone returned to my COP. Thank you.
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F1 applying for asylum?
- Thread starter potatomato33
- Start date
You can apply for asylum irrespective of the type of visa you hold. But there is a one year dead line for applying for asylum.
To be able to apply for asylum, the law states that:
For extension of the 1 year deadline the law states that:
Note: One year deadline does not apply for Withholding Of Removal or Relief under CAT.
Good luck
To be able to apply for asylum, the law states that:
All asylum applicants must apply within one-year of their last entry into the United States and an asylum applicant must demonstrate “by clear and convincing evidence that the application has been filed within 1 year after the date of the [applicant’s] arrival in the United States.
For extension of the 1 year deadline the law states that:
In order to prevail on an asylum application when the applicant is filing more than one year after arriving in the United States, the applicant must demonstrate “either the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing the application within the [first year of entry.]” Additionally, the applicant must prove that the application was filed within a “reasonable period of time” after the changed or extraordinary circumstance.
Note: One year deadline does not apply for Withholding Of Removal or Relief under CAT.
Good luck
potatomato33
New Member
Thank you, there have been changes in the situation of my country, especially the political situation, which were major points of interest in international news in the past 12 months, which is the reason for my application for asylum. If I can sufficiently explain that, will there be any other major issues I'll be facing?
Thank you, there have been changes in the situation of my country, especially the political situation, which were major points of interest in international news in the past 12 months, which is the reason for my application for asylum. If I can sufficiently explain that, will there be any other major issues I'll be facing?
you have been in the US for the last 6 years, you didnt face nothing yourself .
the one year deadline is very strict. unless you can show extra ordinary or changed circumstances on why you couldn't apply for asylum within one year of ur arrival in the uS, your asylum request is guaranteed to be rejected by the officer and judge if the officer refers to the judge. also note that even if you can show any one of those two circumstances, you must still apply within reasonable time after passing the deadline.
you cant say you were verysick from 02/2003 06/2004 but paply for asylum only in 2007.
you cant say you were verysick from 02/2003 06/2004 but paply for asylum only in 2007.
tributeblinky
Registered Users (C)
even if u can establish all of that, they might just grant u a withholding of removal and trust me, u dont want to be on that type of status. hire urself a lawyer, that would be the best first step to take. this can turn out to be a very complicated case and u definitely need a very strong and convincing argument in ur case.
good luck
good luck
You can also leave the US and re-enter and then apply for asylum. You should probably consult with an attorney first though. They might accuse you of entering the US in F status with immigrant intent, which is illegal. Get an attorney. Asylum is complex and mistakes are costly.
You can also leave the US and re-enter and then apply for asylum. You should probably consult with an attorney first though. They might accuse you of entering the US in F status with immigrant intent, which is illegal. Get an attorney. Asylum is complex and mistakes are costly.
I think leaving USA then re-enter is the best solution just like nscagony said
Don't worry about leaving US. Its not necessary at all.
As long as you are in Valid status, there is no time frame, but if you are out of status, file the case before 180 days of being out of status.
Go ahead and file it right away if you fear to return to your country. Don't ever try it, with fraudulent facts and documents, if caught your current status will be terminated and referred to IJ instead of putting you back to F1.
As long as you are in Valid status, there is no time frame, but if you are out of status, file the case before 180 days of being out of status.
Go ahead and file it right away if you fear to return to your country. Don't ever try it, with fraudulent facts and documents, if caught your current status will be terminated and referred to IJ instead of putting you back to F1.
usaangel2007
New Member
Hello, I'd like to know if there are any issues with an F1 student applying for asylum? I've been in the U.S. legally all six years and have never left the United States, let alone returned to my COP. Thank you.
Whats a reason for asylum.....can u state pl....usually asylum cases are very rare to get approved ....there has been very genuine reason other wise...I know some one whose asylum as rejected and was deported in a months time....
I will not keep my hopes very high