If Asylum denied then what

A

Againstallodds

Registered Users (C)
If I apply for Asylum and it is rejected, does it mean I have to leave the US- even if I am here legally? I'm on a F1 visa and it still has 3 years to go. If my Asylum is denied, can I stay on and complete college? And try for H1 later on?
Thanks and sorry for all the questions. Would appreciate some advice.
 
don't worry, as long as u still meet the requirements of ur previous status, ur status will be reversed back to whatever it was before u filed ur asylum application. otherwise, u will have too see an immigration judge. u don't have to leave the us for now. but in ur case, as long as u still meet the requirements of ur student visa, ur status will be reinstated to F1. u can check it with the international section of ur school that deals with I-20 and SEVIS and immigration services. they can communicate with USCIS and inform them that u still mee the requirements. get them to get a confirmation from USCIS that they have u as a student on file.
 
Thanks.
Once I apply for Asylu, do I have to stop attending college? Or can I carry on like before?
And is this re-instatement to earlier status automatic or do I need to make another application?
Thanks a lot
 
tributeblinky is exactly right, as long as you continue to maintain the requirements for the F-1, you will be able to stay until you complete your degree if the IO turn your case down. You have to continue meeting the f-1 requirements while your case is pending.
 
Thanks guys for the reply. I'm going to pester you just a little more.
I have a few specific questions and would appreciate your advice:

1) I read that once you apply for Asylum, you previous visa status is kept on hold. In my case that is F1. While the decision is pending, can I continue to attend college, take classes, work on campus as long I am on status?

2) If I am referred to judge, can I continue to attend classes till his ruling? Provided I am in status all through.

3) Do I need to inform my College that I have applied for Asylum? (I don't want to)

4) If I can't attend college or take classes and the decision takes a long time (In one post, I read, it took 1 yr and 3 months for USCIS to get back!)...what are my options? Just hang around in the US without studying or working?

5) If my Asylum application is denied, can I be deported even if I am in valid status?

6) And finally, if my Asylum appeal is denied and I go back to my F1 status...will this have any bearing, if and when an employer tries to sponsor me for a H1 visa after my college?

BASICALLY I WANT TO KNOW...SHOULD I APPLY FOR ASYLUM AT ALL OR QUIETLY DO COLLEGE, OPT AND TRY FOR H1 NORMALLY?
(I do have a case for Asylum though)

I would be really grateful for your advice to all these questions. Simply and brief answers will do.
 
Againstallodds said:
Thanks guys for the reply. I'm going to pester you just a little more.
I have a few specific questions and would appreciate your advice:

1) I read that once you apply for Asylum, you previous visa status is kept on hold. In my case that is F1. While the decision is pending, can I continue to attend college, take classes, work on campus as long I am on status?

2) If I am referred to judge, can I continue to attend classes till his ruling? Provided I am in status all through.

3) Do I need to inform my College that I have applied for Asylum? (I don't want to)

4) If I can't attend college or take classes and the decision takes a long time (In one post, I read, it took 1 yr and 3 months for USCIS to get back!)...what are my options? Just hang around in the US without studying or working?

5) If my Asylum application is denied, can I be deported even if I am in valid status?

6) And finally, if my Asylum appeal is denied and I go back to my F1 status...will this have any bearing, if and when an employer tries to sponsor me for a H1 visa after my college?

BASICALLY I WANT TO KNOW...SHOULD I APPLY FOR ASYLUM AT ALL OR QUIETLY DO COLLEGE, OPT AND TRY FOR H1 NORMALLY?
(I do have a case for Asylum though)

I would be really grateful for your advice to all these questions. Simply and brief answers will do.
Click to expand...

1) I don't know a lot about that put on hold thing but what I can tell you is that once you apply, your status will show "Apply for a change of status" in the Sevis. So basically, your school DSO will be aware of you applying but won't know what type of change of status it is about. While the decision is pending your status remain F-1 status as long as you meet the requirements for that status. And your school will continue report your full time attendance into the SEVIS. You can continue to work on campus as well. BTW I was able to renew my EAD for economic hardship late last year while my asylum case was pending.
2) If you continue to meet requirements of an F-1 student at the time a decision is made and it's an unfavorable decision, then you will receive something called "Notice of Intend to Deny" and you will have 16 days to submit a rebuttal to the officer preliminary decision. Only if your rebuttal do not convince the officer that the office will make the preliminary decision definitive and you will continue with F-1 status without problems given that you continue to maintain that status. So you are lucky, you won't meet the judge this time and in the future you may reply when you are not longer in status or if you have new evidence you believe is critical to your case.
3) We cover #3 already. Refer to response to question #1.
4) It is your choice to either remain in status or not while your case is pending with the AO, just be aware of how that could affect the decision. If you want to see the judge, then fall out of status by the time the decision is made. I don't recommend you to do that you will appear less credible.
4). I don't know and I don't think so unless you became a liability/danger to U.S meanwhile.
5) I read somewhere in this forum that you may pursue multiple avenues to get to your green card. I hope you have a real case though, that you are not just looking for ways to integrate this country.
What I found during my interview is that the Asylum Officers are very smart people. Please be honest, and don't abuse the system.
 
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