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Can a student without status who overstayed his visa can apply for asylum ?

Washington, DC |

I was raised up in different country other than my own since i was 10 . i came to USA with F1 visa when i was 17 . I had to drop a semester because my school didn't transfer my credit to a different school in time which i wanted to attend . And the next semester i tried to get back to school and the student adviser told me i can't do that unless i get out of the country and reenter with a new I 20 . I lost my status since i dropped a semester . I overstayed my visa . Since i m outside of my native country for the longer part of my life i fear i can't adapt myself over there if i have to go back . Mostly because it's a South Asian country . Lately Political condition isn't good over there . Innocent people dying everyday weather they are involve in politics or not .

Attorney Answers 5


  1. Possibly. Schedule an appointment with an experienced immigration attorney.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. Apply? Yes. Ultimately have an asylum application approved? Highly unlikely on the generalized facts you provide, unless analyzed and assessed by an experienced immigration lawyer.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. You can apply for asylum, but winning the case may be challenging. There are very strict deadlines with an asylum application. See an attorney right away.

    Please note that this response is for informational purposes only and does not create an attorney-client relationship.


  4. You may be subject to the one year time limit to file, but you can still get withholding of removal.

    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.


  5. You may be able to file if conditions have recently deteriorated or under some other changed circumstances. You'll need to provide more facts to be advised on the viability of an asylum claim. If an asylum isn't viable, you can try withholding of removal or a CAT application.
    Get an attorney ASAP.

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