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Can F-1 (International Student) apply for asylum?

Merrick, NY |

In case the application or upon interview the case is rejected/denied the international student will regain the F1 status again or will be deported? The student Visa expires in March 2010 but the i-20 is valid till 2013. Can the student stay in USA an extend the visa or he will have to go back to home country for the extension moreover what is the procedure for extension. Is

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Attorney answers 1

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In general if an asylum applicant is maintaining lawful nonimmigrant status, the USCIS does not refer an unsuccessful applicant for a removal proceeding, but rather would allow the person to revert back to the unexpired nonimmigrant status. F-1 students present a complexity though, since one of the key requirements is that the F-1 student maintain a residence abroad that he or she has no intention of abandoning. This principle is in tension with an asylum application. But the seeming conflict can be overcome in many cases, if the student has a good understanding of the interaction between an asylum application, F-1 status, and the concept of nonimmigrant intent. You should consult with an experienced and reputable immigration attorney that can advise you regarding both your asylum application and your student status.

Scott D. Pollock
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