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Thread: can i apply for asylum on F-1 status ?

  1. #1
    Can anyone plz tell me if i can apply for asylum on F-1 status ? I have a genuine case, i am in danger if i go back to my country. if my asylum is not approved, will i be removed from here, how many times i can appeal ?
    Any comments will be appreciated, thanx !

  2. #2
    Can anyone plz tell me if i can apply for asylum on F-1 status ? I have a genuine case, i am in danger if i go back to my country. if my asylum is not approved, will i be removed from here, how many times i can appeal ?
    Any comments will be appreciated, thanx !

  3. #3
    you sure can apply for asylum on F1. However if its been more than one year since you are present in the US, it will be extremely difficult because you have to apply withing one year or prove extra-ordinary circumstances.

  4. #4
    I came here in march, then went back home in and then came in again in september. does that mean i am still eligible to apply under the rule that one has to apply before 1 year of entering into the US? Thanx for ur reply !!

  5. #5
    Look, I am speaking on the basis of my own experience.
    a. you can apply for asylum even when you are on F1.
    b. if you do not get asylum granted, you will be back to your F1 status. Nothing changes at all.
    c. It does not matter whether it is more than one year of less. One year deadline does not apply to people who are here in lawful status (according to new regulation, 2001).
    d. trust me, it is extremely difficult to get asylum granted. It is more difficult when you are in lawful status. INs is not there to grant asylum.
    e. Trust me, however strong your case is, INS official may not let you asylum.
    f. To be honest, you better think that America has closed the door of asylum.
    g. However, I do not discourage you too much because if you are a person from a country that America is granting asylum, there is little chance.
    g. if they do not call for interview for 5 months, then you can apply for Employment authorization. That may help you to make some money during summeror when you have some free time.
    h. The good thing is if you apply now, later, if you are put in deportation proceeding and if the reason for asylum remains in tact, you can apply at that time with the immigration judge. Then you can appeal to BIA and the Court. That will help you to prolong your stay in the US if you find it danger to go home really. The one year deadline will not apply that time.
    i. do not forget to take the current I-20 in the interview with the asylum officer, because if the I-20 does show you finished your period of stay, he will refer you to the immigration judge. That time, your deportation proceeding starts.
    j. the officer may ask you why you did not apply within one year, you will have to say, either you were observing the country condition or you learnt that if you are in status, you do not have deadline according to the new regulation.

    good luck, but i am sorry, i do not trust INS for asylum at all.

  6. #6
    are you sure pat about the fact that i can still retain my status if my asylum is denied ?
    i never heard this from anyone, people get approved on fake made up cases, why wont i get approval on genuine case? does it depend from state to state ?

  7. #7
    I told you i am speaking on the basis of my own experience. I am a F1 student. I am still on my F1 status. I applied for asylum. My case was genuine. I hardly told anything lie or fake. Ithought that that every asylum officer holds interview of hundreds of people like us and he/she is very good in finding fake and genuine cases. But he denied me on the ground "we don't think they are inclined to persecute you".

    It was unfortunate that the INS is so judgemental. I am too sad. But I know it is their country and it is in their power to grant or not. What can I do? My country could not be a safe place. No complaint to anybody. I am trying to find another country to escape.

    Anyway, I told you my experience, feeling and conclusion about asylum in the US.

    One thing for sure, Yes, your F1 status will remain in tact if you are in status till that time and if you show him/her the current valid I-20 at the time of interview.

    If you don't believe me, Damn, i don't care.

  8. #8
    It is true, you'll retain your status.

    As for the asylum being approved or denied, it is from case to case, everyone is in a particular situation. Although it is true that the INS will try to scrutinize the case very hard, that doesn't mean they won't approve it. However, the fact that you traveled to your country might work against you, because why would you travel to a country where you are in danger.

    Anyway, you are still eligible to apply and you won't lose your F1 status because of that.

  9. #9
    hey pat, i never said i dind't believe u, i was surprised, thats why i asked, u seem really upset about ur whole case. i am sorry for u, thanx for sharing ur experience.
    Robifs, i went home to my parents in another country, he has a job there so he isn't in danger until he gets out of there and goes back. i visted my country in march, that time i was threaten, after that i haven't been there, obviously coz i know i am in danger now, thanx for ur help, u guys were lot of help, thanx !!

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