If you are on F-1 and your asylum claim is unsuccessful you will continue on your F-1 and your case should not be referred to the immigration court. You may continue in status, so long as you remain faithful to your F-1 requirements. If you are approved for asylum you would need to look at your state's requirements for in-state resident status. Many states allow for asylees to be considered as in-state residents, but it depends state by state. Get help now from an excellent attorney to assist you with asylum - make sure they have experience in the area. Good luck
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Nothing. You will NOT be "referred" to immigration court to be placed in removal proceedings; you'll simply "revert" back to the F-1 status you are currently in, unless you "fall out of status" by failing to attend classes or paying the latest tranche of those highly inflated tuitions charged foreign students.. The "benefits" you'll enjoy if granted asylum will be a whole panoply of state aid packages, including medical. Qualifying for "in state tuition will depend on the laws of the state you are in.
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.
If your asylum application is denied, you will remain in F-1 status. Please see
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.
If your asylum application is not approved, you will continue in your current F1 student status provided that you continue to maintain your student status.
Your location indicates that you are in Moscow, ID. If you are attending the University of Idaho, the best place to check on tuition issues would be the Office of the Registrar. You should explain to them that you are interested in information on how to establish Idaho residency for tuition purposes if your asylum application is approved.
You should also keep in mind that if your asylum application is not approved, you should consult with a qualified immigration lawyer to see if you may have other options for becoming a permanent resident. You should also check with an immigration lawyer before you would travel outside the United States so that you can learn more about how your asylum application may impact your immigration options.
(703) 424-2979. Immigration Lawyer in Boise, Idaho - Helping Future Americans Become Citizens