If I’m planning to apply for asylum but am an F1 student who is in a valid status, what if my asylum interview is denied?

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If I’m planning to apply for asylum but am an F1 student who is in a valid status, what if my asylum interview is denied?

Is it possible that I give up my F1 status and request to see an immigration judge? Because I think my safety should be a bigger concern. If the interview is not successful and I cannot appeal to a judge, the application would even course worse outcomes.

Asked on April 21, 2013 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as you are in valid status with a valid I-94, you will not be able to go before an immigration judge.  However, if you feel very strongly about not returning to your home country because fear of persecution, if your asylum claim does not succeed, you can always continue with your studies in the US, get a degree, get a job and be sponsored for a green card through a US employer.


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