I am a F1 under OPT. My OPT will expire by the end of September 2016. My F1 visa will expire by this July. My husband who is F2 applied for assylum and our case status is pending. I want to keep my F1 status and apply for a post-graduate program meanwhile. My question is whether I should renew my visa? If I leave the country while under opt and pending assylum case for renew visa, is it possible that my renewal be denied or reentering the US be denied? What will happen to my OPT EAD card after applying for EAD card based on the assylum application?
It is not your case you said is pending for asylum but of your spouse. With that said, having an asylum application pending will create suspicion of immigrant intent in you on the part of the consulate. You will have to overcome it with is easier said than done.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
It is very possible that you will not be admitted on an F1 if you have a pending asylum case. There is no need to renew an F1 visa so long as you are in status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Contact your DSO and/or US immigration attorney regarding your current status and F1 extension. It is not recommended to leave the US if possible due to pending asylum.
First get an immigration lawyer, Secondly, not enough facts. If you and your husband are from the same country and you travel back there it could result in denial of your asylum request and affect the validity/credibility of his asylum request. Also, you can renew the F-1 w/graduate studies.
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