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Is there any conflict if I apply for student visa and my pending asylum? How can I accelerate the process for my work permit?

Pensacola, FL |

Hi, I am doctor from overseas ,I came to America from one year based on my visitor visa , and before to out of status I applied for asylum in 10/12/2012, I did every step in this process at the time without any delay , and after 150 days my case still pending , so I applied to work permit in 03/20/2013 , but also this case still in process,
Now , I get acceptance for residency program , but the program ask me either I should sent my work permit and my social security number or I should apply for student visa , and the program give me 10 days to make my decision , and absolutely I don't have what they ask until now and also I am not sure how long this process will take , I tried to apply for interim work permit , but the employee in immigration office refuse .

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Attorney answers 3


Based on what you have written you are presently out of status, but allowed to remain in the U.S. based upon your pending asylum application. It sounds as though the hospital offered the option for you to apply a J-1 training visa, not an F-1 student visa, the former being used for graduate medical training.

In either case, you must establish that you maintain a foreign residence you have no intention of abandoning. This is going to be impossible for you to do since by applying for asylum you a) have indicated you are afraid to return to your home country; and b) made it clear that you wish to remain in the United States indefinitely.

It would therefore appear that you will have to wait for your work permit application to be processed, which can take 60 to 90 days. Consult with an experienced immigration attorney for case specific advice.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


I agree with Attorney Devore.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


You cannot apply for an F-1 visa as 1) you are out of status, and 2) you clearly have immigrant intent.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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