what happens if a student went out of status for a year and now she wants to file for the asylum? and also if the case is denied what are the consequences?
If the case is denied, the student can be put in removal proceedings. Filing a fraudulent asylum application is a crime. Tread wisely.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
There is a one year time limit to file. The asylum office will refer their case to the immigration court.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
I strongly suggest not to do this on your own, or even based on a few online paragraphs of advice. For one thing, there is a one-year-filing deadline for asylum cases, which has very specific exceptions that must be clearly met if you want to prevail after the 1 year is over. Furthermore, if your asylum is denied and you have no status to fall back upon (such as a valid F1), you can be placed in removal proceedings and potentially deported. Finally, asylum should not be used as a default application, but only if you legitimately qualify for it, which is best determined by consulting an immigration attorney for a personal consultation. Good luck.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
If she has been out of status for over one year, the case will be referred to immigration court. Consult an immigration attorney.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
Criminal Defense Attorney
As you already know by now, an Affirmative Asylum Claim must be filed within the twelve months period from the date of the admission. At present you are out of status incurring an undocumented stay. In an instance when one filed after the one year deadline for asylum and other applicable forms of relief like withholding of removal and protections under the CAT, one must present either changed personal or home country circumstances.
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