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  • out of status situation

    if someone's student visa has just expired, and she has her asylum case pending, does it mean she's out of status already?

    and if so, can she still get working visa if there is a company willing to sponsor her? or is it possible for her to get back in status by getting another student visa (if she decided to go back to school)? would she get into trouble when, say, she got her green card lottery?

  • #2
    if someone's student visa has just expired, and she has her asylum case pending, does it mean she's out of status already?

    and if so, can she still get working visa if there is a company willing to sponsor her? or is it possible for her to get back in status by getting another student visa (if she decided to go back to school)? would she get into trouble when, say, she got her green card lottery?

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    • #3
      When that person applyed for asylum? How did student visa expire, wasn't for D/S? Did she go to school?

      From the little information provided, it sounds like the person is not out of status (pending asylum case).

      If she is indeed out of status, she can NOT "get back in status" through work, study or GC lottery.

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      • #4
        the person came as a student, went to school, graduated and everything. right before her student visa expired, she started applying for asylum. and yes, her asylum case is pending. but according to her lawyer, she is already considered as out of status (student visa, that is). and pending asylum case doesnt make her "in status", because technically her asylum case hasnt been granted, so she isnt an asylee yet, and doesnt have asylum visa.

        however, her pending asylum case could take another 1-2 years. If in the mean time she found a job, or decided to go to school, or maybe got her green card lottery, will she get any problem with that?

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        • #5
          Technically she is out of student status but I think a more appropriate way of describing it is that she has changed to an intermediary status: Pending Asylee.

          Having shown an intent to immigrate by applying asylum she will never again (should never again) be eligible for a visitor visa. SHe should get an EAD while the asylum application is pending.

          Remaining in the US while waiting for the asylee applicaiton to be adjudicated is not a violation in and of itself.

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          • #6
            ANY ****STER WHO EVER APPLIES FOR ASYLUM IS PERMANENTLY BARRED FROM ADMISSION OR PRESENCE IN US !!!

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            • #7
              From what I understand, she has already been denied once by the judge. so right now she's in the process to appeal, which again is not a guarantee that she will get her case granted. And seems that she's also not allowed get temporary work permit while waiting for her pending asylum case.

              Say, in worst case scenario, her appeal is denied again. She would have to leave the country following the court order.

              If the next time she wants to come back to united states again, will she be barred from US for a period of time? Or would she get into trouble geting any more visa?

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              • #8
                So the judge already denied the asylum case? If so and unless it is approved on appeal (which is of course always possible), her best option is to find an employer willing to sponosr an H-1B. My concern is whether or not she will be accumulating unlawful presence in the mean time and I think THAT is the question you need to have answered.

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                • #9
                  Did she apply for asylum within one year of entering the United States? If the application for asylum was submitted more than one year after entry, it will automatically be denied.

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                  • #10
                    If the application for asylum was submitted more than one year after entry, it will automatically be denied.

                    This is a LIE.

                    It's not AUTOMATICALLY DENIED, but applicant must state reasons why application wasn't made within one year.
                    If cause of delay was beyond applicant's control, then asylum claim is adjudicated as usual.

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                    • #11
                      antifascist is right. i know someone who has entered united states for more than a year, and still filed for asylum, and her case granted.

                      what i still dont understand is, how does 'unlawful presence' be counted? is it starting the date when she is technically out of status? or starting from the date (time limit) given by the judge for her voluntary departure?

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