If your school still keeps you on a valid I-20, then you have nothing to loose - you could defenitely apply for asylum. (1 year rule doesn't apply to a person who is here legally). In case you'll be denied, they wouldn't be able to refer you to the departation court.
If you are off I-20 (meaning u r illegally in the States), technicaly speaking you wouldn't be able even to apply for an asylum, since it's restricted to 1 year after last entry. There is a special provision though which would alow you to apply even after 1 year, and this is as follows: If the conditions in your native has changed drastically within your stay here, or if there has been other serious circumstances. For that you would need the advice of a lawyer. Also, if you are off I-20, there would much bigger risk involved- if you would be denied, you will be immediately refferd to departation court proceedings. Then you would have to pray for a decent judge to grant you the asylum - because if he is a jerk - you will be deported. (Yet there are tons of people who are reffered to a court and are getting asylum!)
You would really need to retain a lawyer, since it's no joke business - it's sort of speak once a life chance. You would also need smb in your native country to get you all the supporting documentation for your case (let's say you've been beaten up - so get a police report, paper from a doctor, evidence from your neighbour, letter to the hospital from your grandmother etc)
Anyways, Good Luck to you!
