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I'm a 20 years old F-1 iraqi student studying currently in the state, can I apply for asylum after graduation?

Portland, OR |

If I apply for an asylum during studying, will it effect the financial aid and the college enrollment? I can't go back home because of life threatening situation with family. what if I apply for asylum after graduation and get denied? what am I advised to do then?

Attorney Answers 3


You need to retain an experienced immigration lawyer to review all the facts and advise you accordingly. Asylum applications must be filed within one year of entry in the US or must be based on changed circumstances.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, 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.

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As my colleague suggests, you need to see an AILA certified immigration attorney to see if you are eligible for asylum. Also you must apply for asylum within one year of entry to the U.S. (unless there are changed country conditions or you have made a personal choice or affiliation after 1 year of entry [which did not exist prior to the 1 year deadline] which may cause you to be subjected to persecution in your home country upon return.

Again, i suggest you see an AILA certified immigration attorney as soon as possible to review and potentially preserve your options. If you apply affirmatively then even if your case is denied, if your F-1 status is still current they cannot deport you until you fall out of status (unless you commit certain criminal or immigration offenses).

No information contained in this message, unless expressly denoted therefor, is intended to establish any attorney client relationship. No attorney-client relationship exists between us (Peter Acker and his associates and you) unless a written retainer or fee agreement has been signed and issued to you.

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I agree with the previous lawyers. To answer your question though, applying for asylum will not affect your financial aid and college enrollment. If you are denied, and your F1 expires, you will be put in removal proceeding and will deport unless you have valid defense to deportation. Asylum is very complicated and needs to be dealt with care. You are suggested to hire an experienced lawyer to help you on your application.

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