OUT of Status better for F-1 Visa seeking Asylum ?

Asked over 3 years ago - Los Angeles, CA

Is it simply better for F-1 University Student to just fall out of status before applying for asylum ?

Because this way the F-1 Student Asylum Applicant can be certain that They will be able to appeal to immigration judge since they are out of status.(just in case the asylum officer deny the case).

If the F-1 University Student still maintain their status when their asylum case got denied by asylum officer, they will NOT be able to appeal to immigration judge.
Is this correct?

Now by the time this F-1 university student graduated from the university (few years later)
Can they appeal to the immigration judge since they become out of status by that time?

Meaning Appeal using the same case that got rejected by the Asylum officer few years earlier? (WITHOUT starting new asylum case)

Thank

Attorney answers (1)

  1. Sophie Marie Alcorn

    Pro

    Contributor Level 10

    Answered . If a person is in status when he or she files an asylum application with US Citizenship and Immigration Services and the application is denied, the person will not be referred to an immigration judge for a removal proceeding. There will not be a chance to "appeal" this decision to an immigration judge when the F1 status expires.

    If a person is out of status on the date that the asylum officer makes the decision to deny the application, the person will be referred for a removal hearing (deportation trial) to an immigration judge. The immigration judge will be able to hear the person's asylum application and make an independent decision from the asylum office.

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