Skip to main content

Hello: What options do I have to legally remain in US after my OPT has expired and I have also filled an Asylum. Please Help!

Berkeley, CA |

I have filled Asylum about 2 months ago and I have not heard anything from them, I am in F1-OPT status but it expires on 7/15/2013. What options do I have to lawfully remain in US, I do not want to lose my status. Please help. Your suggestions will be highly appreciated. Thank you for your time and consideration.

+ Read More

Attorney answers 3

Best Answer
Posted

You need to consult with a qualified immigration attorney as soon as possible. If you're finishing up OPT after F1, then you may have missed the 1 year filing deadline from your last entry for affirmative asylum. There could be exceptions that may apply or you may have entered within the past year, but you should not attempt undertaking something as important and complicated as an affirmative asylum application by yourself.

Asker

Posted

Thank you sir, Yes it has exceeded the deadline for 1 year since my last entry to US. But however, I do not intend to lose my status before asylum interview, so are there any options other than enrolling in some school that issues I-2o, once again thank you for your contribution.

Stanley P. Walker

Stanley P. Walker

Posted

You're welcome, but you have missed my point. In order to file for affirmative asylum, you must do so within 1 year of your last entry into the United States. You didn't do that so your asylum application is due to be denied - unless you can show compelling circumstances for the delay in filing (like some sort of changed circumstances or country conditions). You really need to talk with an immigration lawyer who regularly does asylum work in your area. If you go to www.aila.org you can search for attorneys near you, and you can choose an area of expertise - in this case asylum. Best of luck to you.

Asker

Posted

Thank you once again, and yes I have some compelling circumstances to file after 1 year deadline. Thanks.

Stanley P. Walker

Stanley P. Walker

Posted

And there you have it with Mr. Behar's response. That's why you should consult with someone who routinely practices asylum. I'm not sure how close Berkley is to San Diego, but you could not go wrong setting up a consultation with him.

Posted

You can legally remain once you have filed for asylum. You are residing in the most generous, liberal asylum granting jurisdiction in the entire US.. Just be patient for the next 6 months or so, until scheduled for an interview. Use this time to consult with, and hopefully hire a local immigration lawyer to prepare you and accompany you to your upcoming asylum interview.
Your having filed for asylum while still in lawful nonimmigrant status is an exception to the one year asylum filing requirement.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Stanley P. Walker

Stanley P. Walker

Posted

Which is precisely why in my last couple of comments to him, I told him he should consult someone who routinely handles asylum claims. I specifically suggested he contact you in my last comment.

Asker

Posted

Thank you so much for your output. Once more thing, will I have to enroll in college just to make sure that I do not lose my status, just in case my Asylum is Denied. (P.S.: I wanted to be on safe side and want to evaluate best and worse case scenarios. )

Posted

Once you apply for asylum, you are legally able to remain in the US.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer