In status (F2) pending decision for asylum

Asked about 1 year ago - Rockville, MD

I am currently in Status (F2) and went for the interview at Arlington office more than a month ago.

I have received admission from a graduate school to start in Fall, but I am not sure if I will receive a decision by then. But Since it has been 150 days since I filed my case, I can now apply for EAD.

The problem is that I am not allowed to start my studies in F2 status. I cannot change it to F1 either, since my asylum case is pending. The question is, while the decision is pending and I have received the EAD, can I start my studies holding such status? Or I have to wait until the decision has been made on my case?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . With an EAD, you can attend a university.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . YOu can apply but you will not get it until the 180 reached.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Being where you are and where you applied for asylum you risk waiting for a decision until "the cows come home".. -(they never actually do, that's why they place bells on their necks..) You have to put an attorney on this case, if you haven't done it already. I suggest you contact the school's DSO and explain your situation and ask if they can admit you now. After all, even if your affirmative asylum application is denied at the asylum office level (most of them are), you'll be placed in removal proceedings in immigration court as soon as your F-2 status expires, not before. USCIS will not "refer" you to immigration court while you are still in valid F-2 status. Speak to a local immigration lawyer.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more

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