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If I have just applied to F1 (student visa), can I cancel the request and apply to an immigrant visa?

Oak Brook, IL |

I am already in the USA and I hold B2 visa .I have applied for F1 visa a couple of days a go but I realized after that I am qualified for Asylum visa. so I would apply for immigrant visa .can I cancel F1 request and apply for the immigrant visa or it's better to wait until hearing from immigrations services about F1 visa then apply to the immigrant visa?
thank you

Attorney Answers 6


  1. The fact is that application for asylum does not provide you with immigrant status. If you apply and you are out of status by the time the asylum officer determines your application (and if it is denied), you will receive a NTA for immigration court to be deported. It is wise to maintain status outside of the asylum application such as a F1 or other nonimmigrant visa. You should contact an experienced immigration attorney who can examine the facts of your case and provide you with a legal opinion as to what immigration benefits you may qualify for under existing law. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  2. You should consult as soon as possible with an experienced immigration lawyer who handles asylum cases.

    In cases where an individual has a strong asylum case and where , based on country conditions and the individual's situation, it is not foreseeable that the individual will be able to return home, I frequently advise the individual NOT to maintain non-immigrant status. Why? Because, if the asylum office does not approve the case, I and the asylum applicant have agreed that we want the opportunity to present his or her case to the immigration judge. However, that depends on the circumstances of the individual case. There are other situations where I would advise maintaining a lawful non-immigrant status. As Mr Abbott has pointed out an opportunity to present your case to an immigration judge means you are in deportation or removal proceedings.

    Asylum is a difficult process and, overall, denial rates are quite high. Therefore, if you do have an alternative to asylum, you need to consider your options carefully and the totality of the risks involved. Be aware that there is a one year deadline to applying for asylum and, even though there are exceptions to the one year deadline, none of those exceptions are automatic.

    Again, I will stress that you need to discuss your case with an experienced immigration attorney.


  3. Mr. Abbott is correct. Applying for asylum is not the same as being granted asylum, as can be seen from the statistics for applications vs. grants. As Mr. Abbott pointed out, staying in lawful status should be of prime importance. Speak with an experienced immigration attorney for expert advice and a thorough review to find out whether you actually qualify for any immigration benefits.

    Good luck!

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.


  4. The first thing is that DHS often moves quickly to check the status of F-1 students who fall out of status. It may interrupt your asylum case. The second thing is that asylum cases are rarely a certainty so you should discuss with a qualified attorney the likelihood of success and the ramifications if you lose so that you may choose what option best fits your goals. There are conservative and aggressive ways to approach this subject. You need to be careful.


  5. There is no such thing as qualification for Asylum Visa. You may apply for Asylum but it is not a visa but a privilege. You may file for an Affirmative Asylum within 12 months of your arrival IF you have statutorily recognized merits. Remember, the Service has penulties for filing frivolous asylum claims. In such instance you will be precluded for any future immigration benefits.
    It appears that you are a bit confused regarding your status. Please invest in your future by consulting a good immigration attorney who will advise you on your options.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a 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 professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 101, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  6. I agree with Attorney Abbott. Having said that please seek out an immigration attorney to evaluate the strength of your asylum claim before withdrawing any petitions.

    Khaja M. Din, Esq.

    www.dinmemmen.com

    Din Memmen Law Firm
    (312) 361-8462

    4518 N. Kedzie Ave
    Chicago, IL 60625

    Free Consultation For Your Immigration Law Questions

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