What to do if I have been living in the US for 11 months now on a J1 visa but recently found out that I am possibly eligible to apply for an asylum?

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What to do if I have been living in the US for 11 months now on a J1 visa but recently found out that I am possibly eligible to apply for an asylum?

I do realize that I am pretty much out of time. Is it worth it to apply within these 30 days am left with? I was also considering going back home and come back on a tourist visa and apply then. If I do, could this hurt my case?

Asked on January 16, 2016 under Immigration Law, Florida

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, that would certainly hurt your case.  If you are thinking of applying for asylum, that means that you are afraid to travel to your home country because you will be persecuted for one of the itemized reasons that would be the basis of your asylum claim.  If yoou then travel willingly to your home country and apply for a tourist visa only to return and file for asylum, it will most likely be denied right away.


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