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In status (F2) pending decision for asylum

Rockville, MD |

I am currently in Status (F2) and went for the interview at Arlington office more than a month ago.

I have received admission from a graduate school to start in Fall, but I am not sure if I will receive a decision by then. But Since it has been 150 days since I filed my case, I can now apply for EAD.

The problem is that I am not allowed to start my studies in F2 status. I cannot change it to F1 either, since my asylum case is pending. The question is, while the decision is pending and I have received the EAD, can I start my studies holding such status? Or I have to wait until the decision has been made on my case?

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Attorney answers 3


YOu can apply but you will not get it until the 180 reached.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



I understand that. My question is: Once I receive the EAD, can I start my studies? Or I have to wait until a final decision has been made on my case?

Alexander Joseph Segal

Alexander Joseph Segal


You asylum application has nothing to do with your studies and EAD does not make you eligible or not eligible for it. You can study on F2 or you can file for F1, asylum or not. Your valid visa does have an effect on your Asylum. If your application is denied, you will not be transfered to immigraiton court where most of the decisions are made. You will be denied and thus will have to continue with your F2 status. You are approved, and only then, you will become eligible to financial aid, if that is what you are interested in. That was my last word and only because you are a potential refugee. More questions, schedule a consultation with an immigration attorney.


Being where you are and where you applied for asylum you risk waiting for a decision until "the cows come home".. -(they never actually do, that's why they place bells on their necks..) You have to put an attorney on this case, if you haven't done it already. I suggest you contact the school's DSO and explain your situation and ask if they can admit you now. After all, even if your affirmative asylum application is denied at the asylum office level (most of them are), you'll be placed in removal proceedings in immigration court as soon as your F-2 status expires, not before. USCIS will not "refer" you to immigration court while you are still in valid F-2 status. Speak to a local immigration lawyer.

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.


With an EAD, you can attend a university.

(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.