What happens to legal Status like F1 once you are an asylee?

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kashmirasylum

New Member
Hello all, I am having a question that I am struggling to get an answer so far. What happens to the legal status like F1 once a person is granted asylum. Does it stay if the person continues to fulfil requirements of the status or is it automatically cancelled?
Any insights or experiences would be highly appreciated.
 
kashmirasylum said:
Hello all, I am having a question that I am struggling to get an answer so far. What happens to the legal status like F1 once a person is granted asylum. Does it stay if the person continues to fulfil requirements of the status or is it automatically cancelled?
Any insights or experiences would be highly appreciated.
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you're no longer F-1.
You're an asylee which is an immigrant status
 
kashmirasylum said:
Thanks for replying, do you know anyone who had a similar situation? Even attorneys have mixed opinion about this.
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As posted above, you cease to be an F1 student once you are an asylee. You don't need a visa anymore. Actually, you can drop out of school if you want, it doesn't matter. Immigrant status (asylee) takes precedence over F1 non-immigrant visa.

Seems you are trying to 'hang-on' to the F1 status. Doesn't make sense. What do you need that status for anyway? If you are planning to use your F1 status to go home and come back, tough luck, esp., if you are the principal asylee. You can't go home again, to your COP, as that would raise serious questions about your asylum claim during GC adjudication. Either-way, the embassy won't renew your F1 visa even if you go back. CBP will probably refuse to let you back in the country, if you say you are coming back from COP as an asylee.

As indicated above, things get messy quickly. Forget about the F1 status, even if the visa is still valid.
 
You can’t officially be on 2 statuses. Once your asylum petition gets approved, your F1 status becomes invalid.
 
kashmirasylum said:
Thanks for replying, do you know anyone who had a similar situation? Even attorneys have mixed opinion about this.
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Not sure which attorneys you talked to but there is absolutely no mixed opinion about this. F1 is a non immigrant visa. Once you get asylum you are an Asylee and your visa is no longer valid. You need to use a RTD if you travel. You will not be allowed in with the F1 visa. You can apply for GC after 1 year of your grant. You can obviously continue school or drop out, it’s your choice although I would recommend continuing.
 
@Fin @Asylum.applicant1212 @Sm1smom @7of9 Thank you, everyone, for sharing your thoughts. Should I inform my HR unit to sign a new I9 form? I get paid by the University and they don't charge me for FICA or other Social Security Taxes as I was an F1 student on a non-immigrant visa. Can anyone please share about your tax experience. I was approved exactly middle of the year. I have no info about taxes and if I ask anyone they tell me ask tax attorney who charge a lot of money and i cant afford them.
 
Yes - absolutely. Your initial I-9 was a F1 based on campus employment. Now you can work anywhere. You can use EAD or a combination of drivers license and unrestricted SS Card to show your eligibility. Go get your unrestricted SS card if you haven’t already. EADs expire and are expensive to renew. Asylees do not need EADs to work. You need to file taxes as a resident. Make sure you do not file the 1040NR to avoid issues in the future, file the regular form 1040. You may also need to file another form W-9 if you need to change your withholding.
 
kashmirasylum said:
@Fin @Asylum.applicant1212 @Sm1smom @7of9 Thank you, everyone, for sharing your thoughts. Should I inform my HR unit to sign a new I9 form? I get paid by the University and they don't charge me for FICA or other Social Security Taxes as I was an F1 student on a non-immigrant visa. Can anyone please share about your tax experience. I was approved exactly middle of the year. I have no info about taxes and if I ask anyone they tell me ask tax attorney who charge a lot of money and i cant afford them.
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You didnt pay FICA taxes since You were on non immigrant visa.Now your status has changed to asylee and thus you have to pay those taxes. I would go to international student office and ask them for help. They should be able to help you but my understanding is you will have to pay FICA tax now since you are here to stay in US thus elegible for those benefits.
 
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Chokidar said:
You didnt pay FICA taxes since You were on non immigrant visa.Now your status has changed to asylee and thus you have to pay those taxes. I would go to international student office and ask them for help. They should be able to help you but my understanding is you will have to pay FICA tax now since you are here to stay in US thus elegible for those benefits.
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Actually, I am on the same situation and when I went to ask the international student office they told me that they do not know what to do since they did not have any similar cases in the past. They advised me to talk to student legal service or consult an attorney.
 
Ginger2016 said:
I


Actually, I am on the same situation and when I went to ask the international student office they told me that they do not know what to do since they did not have any similar cases in the past. They advised me to talk to student legal service or consult an attorney.
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You are making it more difficult than it is. Assuming you got asylum in 2020 , when you file your 2020 tax return in 2021, just file the 1040 or 1040EZ instead of 1040NR. If you have any taxes due, the software will automatically calculate it and you will either have taxes due or your refund will be reduced by the tax amount. No need to stress over this issue
 
You do need to update things like your social security card as it will now be unrestricted. Get a new one, and of course you can also get a job elsewhere (but you might have to wait for the card). You can also get a full state ID or driving licence once you have your clean social security card.
 
cafeconleche said:
You do need to update things like your social security card as it will now be unrestricted. Get a new one, and of course you can also get a job elsewhere (but you might have to wait for the card). You can also get a full state ID or driving licence once you have your clean social security card.
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Can you explain what do you mean by full state ID or driving license? Also, currently SSA do not replace card since they have limited work
 
Hello All, I am posting here for anyone who reads this forum in future-
I talked to a very eminent attorney and he said the F1 status (or any non-immigrant status) gets dropped automatically when a new i94 (based on asylum) is issued.

Thank you all for your opinion and guidance.
 
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