mytreasure
Registered Users (C)
I am working with someone who is here studying on a student visa. They are a minor, on a J-1. They are a legal orphan in their HC. Since they will be 17 this year while on the J-1, they have the legal right (in home country and in US) to apply to change status to F-1 and continue to study, and this was the original plan. We are the sponsor and will pay tuition, house them, do the financial affidavit, etc.
There are a lot of specific circumstances here, but attorneys we've consulted with recommended applying for political asylum. This person, they feel, definitely meets the legal definitions and has a very specific and real reason to fear return to COP.
Here is my question, no one has answered it yet. The person's visa expires in June. Originally we planned to file to change status to F-1 in April or May, we know what program they will continue to study in and will issue the I-20. This was before we even knew about the option of keeping him safe with PA. HOWEVER, if he applies for asylum between now and June, he becomes an applicant for asylum and abandons his J-1 status, right?????
So let's say that we do not get asylum granted from the IO, but are referred to an immigration court. Can he then apply to change status to F-1 as planned? Or does he remain an applicant for asylum?
And then, let's say we are held up in courts for some years (worst case, but you have to think about it). In the meantime his J-1 is expired and he is just an applicant for asylum if we do not continue on with the F-1 (or cannot by law, not sure how this works). Then if God forbid, he does not get asylum in the end, will they approve his application for an F-1 at that time, so he can finish his education??????? Or would they see that he applied for asylum and deny it automatically?
And if we can apply for the F-1 as planned, to keep him legal, while he is an applicant for asylum - how does that work? Won't they see the applicant for asylum status, consider it 'intent to immigrate' and deny the F-1?
Sorry for long post, I REALLY NEED HELP! We want safety for this child, it is a terribly dangerous situation if he were to return. But also, we don't want to ruin his chance for education if he is not able to get asylum. We think we have a strong case, but you never know who is reviewing it...
THANK YOU for help.
There are a lot of specific circumstances here, but attorneys we've consulted with recommended applying for political asylum. This person, they feel, definitely meets the legal definitions and has a very specific and real reason to fear return to COP.
Here is my question, no one has answered it yet. The person's visa expires in June. Originally we planned to file to change status to F-1 in April or May, we know what program they will continue to study in and will issue the I-20. This was before we even knew about the option of keeping him safe with PA. HOWEVER, if he applies for asylum between now and June, he becomes an applicant for asylum and abandons his J-1 status, right?????
So let's say that we do not get asylum granted from the IO, but are referred to an immigration court. Can he then apply to change status to F-1 as planned? Or does he remain an applicant for asylum?
And then, let's say we are held up in courts for some years (worst case, but you have to think about it). In the meantime his J-1 is expired and he is just an applicant for asylum if we do not continue on with the F-1 (or cannot by law, not sure how this works). Then if God forbid, he does not get asylum in the end, will they approve his application for an F-1 at that time, so he can finish his education??????? Or would they see that he applied for asylum and deny it automatically?
And if we can apply for the F-1 as planned, to keep him legal, while he is an applicant for asylum - how does that work? Won't they see the applicant for asylum status, consider it 'intent to immigrate' and deny the F-1?
Sorry for long post, I REALLY NEED HELP! We want safety for this child, it is a terribly dangerous situation if he were to return. But also, we don't want to ruin his chance for education if he is not able to get asylum. We think we have a strong case, but you never know who is reviewing it...
THANK YOU for help.