new ayslum seeking needs advice about whether being on status while applying or no

U

unclonized

New Member
hi everyone,
i am from Sudan came to US six month ago as an F-1 student and filed for asylum a few days ago before falling out of status and still havent recieved any notice from USCIS yet, currently i am between my first and second quarter vacation and the deadline for registering for the second quarter after two weeks , as far as i know that if i am on F-1 status and for some reason my case got denial i wont be able to apply for appeal. my laweyer suggest to go out of status and not register of the next qurater. i dont know what to do.

Also i have afew questions which need answers
1-if my case got denied after going out of status can i get back my old F-1 status ?
2-filing an asylum case means i cant go back home even if there is a family emergency situation?

thank you for your help
 
unclonized said:
hi everyone,
i am from Sudan came to US six month ago as an F-1 student and filed for asylum a few days ago before falling out of status and still havent recieved any notice from USCIS yet, currently i am between my first and second quarter vacation and the deadline for registering for the second quarter after two weeks , as far as i know that if i am on F-1 status and for some reason my case got denial i wont be able to apply for appeal. my laweyer suggest to go out of status and not register of the next qurater. i dont know what to do.

Also i have afew questions which need answers
1-if my case got denied after going out of status can i get back my old F-1 status ?
2-filing an asylum case means i cant go back home even if there is a family emergency situation?

thank you for your help
Click to expand...

I'm not sure what your lawyer means by telling you to go out of status. It sounds dangerous to me but then again, I'm not a lawyer. It seems really incorrect to me. Please remain in status as much as you can. If it was a good lawyer, they would not be worrying about the appeal but only be worried about winning your asylum application initially. If they are going to deny you, and you are still in status, they will send you a detailed explaination on why they are denying you. Then you have about 2 weeks to provide a rebuttal. If your lawyer doesn't think he/she can handle THAT then you really need to get a new lawyer. This process in my opinion is MUCH easier than going to trial, and filing an appeal and waiting and having a "clock," etc.

So register for your classes, remain in status. It is next to impossible to get back into status without going back to your home country and reapplyhing for F-1 again.


To answer your questions:

1. If you don't get asylum, you can remain in F-1 but it will be hard to extend your F-1 if it's needed. You will have already shown proof that you intend on remaining in the country.

2. You can't go back for family emergencies if you are just an Asylee without a Green Card. It's explicitly stated that you can never go back if that is the case. Once you get a GC, then the rules are a little hazy. People have made successful trips and have been alowed back in the US and have naturalized. Some people have been detained in their own Country of Persecution.
 
Depends on why they denied you in the first place then we can judge whether going out of status is a good idea or not
 
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