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Asylum interview is coming, can I still apply OPT, what will happen if asylum denied after filed OPT??

Chicago, IL |

I am in F1 status now but will expire this May, at the same time, I received my asylum interview notice scheduled this May, at this point, can I apply OPT or not? what will happen if my asylum denied this June, do they still approve my OPT or not?

Attorney Answers 3


If I were you I would not rely on the internet in any such complex and vital to your future life matters like your legal status. Consider retaining a counsel as any mistakes may create a more complex legal situation for you.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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You should consult with your schools DSO.

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Should you not have thought about all this before applying for asylum? If asylum is denied, you will find yourself in the same nonimmigrant status you are on the day the asylum is denied. If you are in no particular status, you will be referred to Immigration Court for removal proceedings during which the Government will seek to have you deported and you will get an opportunity for a de-novo hearing on the merits of your asylum claim before a much better, more impartial and qualified audience - an immigration judge.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


A very well-written opinion.

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