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I entered the US legally on a B1/B2 Visa..... then, I applied for asylum.

Tujunga, CA |

I went to asylum interview - it was rescheduled because my interpreter was not qualified, according to the officer. I have no date as of yet. My B1/B2 will expire. Can I file to change status to an F-1 so I can study while I wait for my asylum interview date?

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Attorney answers 3

Posted

This question has been previously asked and answered. Click the link below:

http://www.avvo.com/legal-answers/can-i-change-status-from-b1-b2-to-f1-without-leavi-47016.html

Posted

Probably not since obviously, you do not intend to return to your country.

(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.

Asker

Posted

I tend to agree - that it would be presumed I do not intend to return to my country. However, is an asylee an immigrant? Or is it someone that is given temporary stay..... It is true, after five years, if granted asylee status, I can file to adjust status to a permanent resident. However, my asylee "green card" can be taken away if conditions in my country, on which the asylum is based, change. So................................ do I intend to stay? Or do I intend to stay until conditions change? Is an asylum application, technically, an application to immigrate - or is it an application seeking temporary refuge in the United States - with the possibility open that I could lose my asylum if conditions change in my country or, if I am in asylee status for five years, I could them immigrate. It is an interesting question.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

You can adjust your status in the US one year after your asylum application is granted.

Asker

Posted

Thank you for the information! I think I am confused, I guess it might be that after 5 years as a green card holder (after I adjust my asylee status), then I can apply to be a citizen. This is why we need lawyers..... it is complex!!!

Posted

F-1 status presumes you will return back to your home country. Asylum applicant basically states that under no condition will he/she return home.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com