Skip to main content

Do I lose my current status F1 if I apply for asylum?

Los Angeles, CA |

I first came to the US last year with F2 visa as a dependant with my husband, on the end of december 2. I went back to my home country for one month from July to August. Then came back with the same status. On September I applied for change of status from F2 to F1 and I got approved last month, and i'll start school on january 2011. I want to apply for asylum before the end of one year. My questions are;
1) the year starts from when I first came here which is December 2010, or from the second time I came which is August 2011??
2) how confidintual is the applying for asylum prosses, will the sponsers of my scholarship or my husband have any access to it?
3) if I got approved will I be able to study while pending, and Will The USCIS cancel my visa if my request for asylum wasn't approved?

+ Read More

Attorney answers 4

Posted

You do not lose your F-1 status if you apply for asylum. Given your recent travel to your home country, I suggest you take the time to consult with an experienced immigration attorney before you file. He/she will review the facts of your case and determine the strength of your case before you apply. Go to www.aila.org and find local attorneys that represent asylum seekers from your home country. Good luck.

714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

Asker

Posted

Thank you. I'll check the website.

Asker

Posted

Thank you. I'll check the website.

Posted

The year starts from your most recent entry to the US. Your case details will not be shared with your F-1 sponsor or your husband, but certainly the USCIS could request information from your husband to corroborate your statements.

You should maintain your F-1 status during this time.

Please consult with an experienced immigration attorney for details.

713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full details of the case.

Asker

Posted

Thank you.

Posted

You do not lose F-1 simply because you apply for asylum. However, you must comply with all the F-1 requirements in order to maintain that status.

You need to retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

Asker

Posted

Thank you.

Posted

I agree with my colleagues.

The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer