Travelling outside US after Asylum rejected

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God_is_Green

Registered Users (C)
Will F1 student have problem reentering United States once he's been rejected Asylum?
Will they allow F1 student to re enter if F1 leaves the US while maintaining the status and with valid I-20?
How about the visit to home country, cause F1 didn't qualify for Asylum?
 
Thank you! I do know the continuation of F1, but I wanted to know, if the person once rejected can he/she travel outside US and readmit if still in valid status or will there be problem once he leaves US?
What about B1/B2 or any other status? If rejected while in status and leaves the US before visa expiration. Is that person re-admissible?
Usually multiple B1/B2 visa has 5 yrs time and they give max 6 months at the port for one time stay.
 
God_is_Green said:
Thank you! I do know the continuation of F1, but I wanted to know, if the person once rejected can he/she travel outside US and readmit if still in valid status or will there be problem once he leaves US?
What about B1/B2 or any other status? If rejected while in status and leaves the US before visa expiration. Is that person re-admissible?
Usually multiple B1/B2 visa has 5 yrs time and they give max 6 months at the port for one time stay.
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When at the POE trying to gain entry to the US, you must prove to the immigration officer that you do not intend to remain in the country past the time allowed. For F1, it's till the status expires. For B1/B2, it's for the 6 months or whatever the IO gives you. By applying for asylum you document that your intent is to in fact remain in the US permanently. Although the asylum applications are supposed to be "confidential," it's all under the umbrella of USCIS connected to your A#, etc. IO will more than likely know you applied for asylum previously. Not sure what will show up in his or her computer screen. I would not travel out of the country ESPECIALLY back to your home country if you have a LEGITIMATE Asylum claim from that country.
 
I agree with ASYLEE, since F-1 or B-1/2 are temporary visa for a specific duration and asylum applicant shows intent of permanent resident therefore I will not take a chance to travel outside USA SPECIALLY to home country.
IO may not allow to re enter on basis of dual intent. I will fight my asylum case to the end instead of leaving the USA.
 
thanks a lot! but still confused and curious....
..after being rejected if someone returns back to home country, does IO at POE allow him in (still posses B1/2)? ...do any one have any link to the resource where I can find the law?
 
I have two option to explain on this type of case:
At first let me put this way: If you are asylum rejected but have the following documents appropariately:
(1) I think as long as you have your Visa Sticker valid for B1/B2 you can enter USA without problem.
In regard to F-1, you must also have Visa sticker valid F-1 visa in your passport as well as your I-20 form must be validated by your school officer for traveling in and out showing that you are valid active student.

(2) Secondly, If you do not have visa sticker for F-1 visa in your passport, but your I-20 form is valid, and you want travel out, remember you have no re-entry permit.
You have to re-apply F-1 visa sticker at embassy out side of USA, in your country or naywhere in other country. And if the embassy is convicne that you will not remain immigrate in USA but will remain non-immigrant,and you prove that you will return to your country of origin, they might give you the sticker visa once again in your passport, but i doubt....
 
777us 777us is offline
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Join Date: Jan 2009
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I have two option to explain on this type of case:
At first let me put this way: If you are asylum rejected but have the following documents appropariately:
(1) I think as long as you have your Visa Sticker valid for B1/B2 you can enter USA without problem.
In regard to F-1, you must also have Visa sticker valid F-1 visa in your passport as well as your I-20 form must be validated by your school officer for traveling in and out showing that you are valid active student.

(2) Secondly, If you do not have visa sticker for F-1 visa in your passport, but your I-20 form is valid, and you want travel out, remember you have no re-entry permit.
You have to re-apply F-1 visa sticker at embassy out side of USA, in your country or naywhere in other country. And if the embassy is convicne that you will not remain immigrate in USA but will remain non-immigrant,and you prove that you will return to your country of origin, they might give you the sticker visa once again in your passport, but i doubt....

Thanks a lot! Please also let me know the link or reference about this(law), if possible.
 
Well, The reason I wuold suggest is because when you get B1/B2 visitor visa I presume that you got atleast 5 years or 10 years long visa, which allow you to stay for 6 month pervisit in USA. If you have this type of visa valid, and when you apply asylum and been rejected, the USCIS do not reject the visa you already got. So it is very logic to understand that you can still use them for re entering and traveling from USA. They did not revoke or reject your previous visa but denied your asylum case for immigrant visa, so in this case I am quite positive to say that if the visa sticker is still alive and valid it should not be a problem to enter again unless they inform you about your visa has been revoke......But I am not a lawyer please understand it is just a logical thinking...

In regard to F-1, I also think again if the visa sticker is still valid, and your I-20 is valid you should not have problem to re-enter USA. But at the sametime the Immigration Officers are the best people who can tell you the perfect answer...

But if yuor F-1 visa is expired but valid I-20 form, if you travel out you will need re-entry visa sticker stamp in your passport in the US embassy out side of USA. But will they reject the visa? Possible since you are applying fresh visa now and already made an attemp to immigrate....and your A number probably appear in their system.

After all, if you scare of being unable to come back to USA and want to live in this country, you should think about other type of visa that would help you out to legally obtain permanent, such work visa H-B1 B2 EB12345, marriage or anything that helps.

And moreover, your F-1 visa is not rejected when your asylum was rejected so you can stay as long you have F-1 visa in the USA. If your purpose is to study, you can continue to study as long as you are enroll in the university. So why warry? with F-1 you can study full time and work part time which is already very good...
 
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My case also rejected it was political asylum and now things are cooling down in my country I am in legal status H1B if I go to my country for H1B stamping will I be able to return United States ??
 
meghan90 said:
My case also rejected it was political asylum and now things are cooling down in my country I am in legal status H1B if I go to my country for H1B stamping will I be able to return United States ??
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I have heard that H1B is dual intent. Meaning that it is both immigrant and non-immigrant and that's why they probably wom't reject your visa application. However, it is very risky ...
 
Dont travel to country where you been prosecuted. I am also F1 student applied for asylum. I would not leave the country.
1) If you applied for asylum its mean your country is not safe anymore and you won’t return to there even after you graduation. So ether you will stay in US or you have to relocate somewhere else, but not to your origin country. So there is a big chance you will decide to stay here in US.

2) if you opened an asylum case and you will return to country where you been prosecuted so your case is fake and you lied to USCIS.

But if you are not going to your country where you been prosecuted, and you still have a valid visa and you maintained your I-20, you still can travel even though there is still chance of not being able to enter back.

In any emergency case when you have to go somewhere and you worry about your returning, you didn’t do anything wrong. If you are traveling to THIRD country and planning to return, I think you have a solid chance to be able to return anytime in the future.

Good luck
 
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