OUT of Status better for F-1 Visa seeking Asylum ???

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Registered Users (C)
Hi,

I know that if you are applying for Asylum while you are still a Full time F-1 Student and Maintain Your Status,
and somehow Asylum Officer DENY your Asylum, that mean you can revert back to your Legal F-1 status
and stay legally in US until your I-20 expired.
This is the positive side,...
The down side is you can NOT appeal your case to immigration judge if you are still maintaining your status.

Just an example case to make it easier to understand,
Assume that I am a 4 year University student with valid F-1 Visa and maintaining that status
with full time study at my university and never work outside school or inside school, so I am
completely law abiding F-1 Student. Then I apply for asylum but got denied by the asylum officer.
Since I am still in status, I am not facing deportation and can continue my study until I finish
under my F1 status.

My question is, After I graduate from My school,
and My I-20 expired (presumably 3.5 years after the Asylum Officer deny my case)
can I appeal the SAME asylum case that got rejected 3.5 years ago by the asylum officer
to the immigration judge since I already out of status by that time ?

or do I need to open a NEW asylum case and start with meeting the asylum officer for interview again ?

Because I don't think I will be able to have a new case/circumstance/evidence to open a new case...

Is it simply better for me to just fall out of status from my F-1 visa FIRST before I apply for asylum ?
Intentionally fall out of status here mean I intentionally stop attending school just to make me
become out of status ?
Because this way I can be certain that I will be able to appeal to immigration judge because
I am out of status.(just in case the asylum officer deny my case).

It does seemed odd... please someone who understand explain to me

Thanks
 
Hi,

I know that if you are applying for Asylum while you are still a Full time F-1 Student and Maintain Your Status,
and somehow Asylum Officer DENY your Asylum, that mean you can revert back to your Legal F-1 status
and stay legally in US until your I-20 expired.
This is the positive side,...
The down side is you can NOT appeal your case to immigration judge if you are still maintaining your status.

Just an example case to make it easier to understand,
Assume that I am a 4 year University student with valid F-1 Visa and maintaining that status
with full time study at my university and never work outside school or inside school, so I am
completely law abiding F-1 Student. Then I apply for asylum but got denied by the asylum officer.
Since I am still in status, I am not facing deportation and can continue my study until I finish
under my F1 status.

My question is, After I graduate from My school,
and My I-20 expired (presumably 3.5 years after the Asylum Officer deny my case)
can I appeal the SAME asylum case that got rejected 3.5 years ago by the asylum officer
to the immigration judge since I already out of status by that time ?

or do I need to open a NEW asylum case and start with meeting the asylum officer for interview again ?

Because I don't think I will be able to have a new case/circumstance/evidence to open a new case...

Is it simply better for me to just fall out of status from my F-1 visa FIRST before I apply for asylum ?
Intentionally fall out of status here mean I intentionally stop attending school just to make me
become out of status ?
Because this way I can be certain that I will be able to appeal to immigration judge because
I am out of status.(just in case the asylum officer deny my case).

It does seemed odd... please someone who understand explain to me

Thanks

Being in status is 100x better than being out of status. ANY lawyer will tell you the same thing. If you have enough information and a strong case, apply when you can. You will never be considered out of status if they do deny you.

It is next to impossible to fall out of status and then be re-instated. They only use extreme medical emergencies and very few circumstances to grant you back the F-1 status. Go ahead and apply while you are still in status. I did and I was very thankful for it.

You are a little bit mistaken in your perception that you get two chances to prove your case if you are out of status and only one if you are still in status. If you are in status and apply and the AO decides to reject your case, you get what is called a Notice of Intent to Deny (NOID). That notice clearly states how you did NOT prove your asylum case to the officer. Then you get a chance to provide a rebuttal. The rebuttal is taken into consideration all over again and the case of course gets reviewed by the Asylum Officer and the Supervisor. Your lawyer will help you out with this.

Also, one last thing. DO NOT try to apply for asylum on your own no matter what ANYONE says on this forum. It doesn't seem like you have talked to an immigration lawyer yet. Because if you had, you would not be asking such a question on the forum. :)

If you don't mind sharing, what basis are you applying for asylum? If you don't feel like sharing, i completely understand..
 
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