I am an RN on my OPT working for a local hospital. My EAD expires 6/25/13. I have applied for Asylum and am awaiting interview

Asked about 1 year ago - Titusville, FL

notice. What are my options if i am not granted asylum?

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . I can only suggest for as much your facts allow: same as any other person in similar situation - present this quesiton to the immigration attorney who handles your asylum case; consult with an immigration attorney if you do asylum pro se or hope the asylum is granted and if not, return home.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Jeffrey Adam Devore

    Contributor Level 20

    4

    Lawyers agree

    Answered . This is like a patient asking you what the options are if the medication you administered doesn't work. There are many factors which need to be considered so without more facts it's impossible to advise you. Consult with an experienced immigration attorney who can review your case and advise you as to what options are available. Keep in mind that if your asylum application is denied you will most likely end up in removal proceedings so the sooner you do this, the better.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  3. Haroen Calehr

    Pro

    Contributor Level 17

    4

    Lawyers agree

    1

    Answered . Nothing really. Its hard to get an H-1B visa as an RN. An RN is not a bachelor's degree program. Only highly specialist nursing bachelor's degree programs qualify for an H-1B. I guess you could apply for another F-1 status with USCIS to pursue a bachelor's degree in a very specialized nursing degree bachelor's program in perhaps geriatrics or oncology etc to ultimately qualify you for a BA Nursing Degree and H-1B visa. There used to be an H-1C nursing non-immigrant visa or a Schedule "A" under the Employment Based category 3 (immigrant visa) green card category. The H-1C non-immigrant visa hasn't been available for a while. The last Schedule "A" 50,000 visas were last available in July 2007 for about a month and ran out pretty quickly. If your I-589 Asylum application is not granted or barred by law (statutory reason like not filing within 1 year of being in the US and not having any changed country conditions in your native country or having a reasonable excuse for late filing) short from getting married to a USC I personally do not see any other option. Technically you could qualify for the second option with a higher threshold and burden of proof above asylum called "Withholding of removal" but its harder to proof. Good luck. PS. If your asylum application is denied by the asylum office near your city in Flordia, they will refer your case/file to the immigration court nearest to you and you will have brand new opportunity to proof your case once again for asylum with the immigration court.

  4. Robert Louis Brown

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . You should have a consultation with an Immigration attorney to explore any possibilities with you. From the information you have provided there are no additional options.

    321.208.7324
    immigration@rbrownllc.com
    www.brownimmigrationFL.com

    Robert Brown LLC
    Baldwin Park
    4767 New Broad Street
    Orlando, Florida 32814

  5. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Since you are already on an F-1, see if you can get into another student program but make sure a school issues an I-20 to you. There are timing issues to consider here.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,196 answers this week

3,129 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,196 answers this week

3,129 attorneys answering