Legal Question in Immigration Law in Florida

Asylum Vs Visa petition ?

I am in US from 2 weeks under J1 Visa which is NOT subject to the two year home residency requirement, it will expire soon. I was invited to attend a medical school rotation as a visiting student and I was encouraged to change status to B1 as they don't sponsor J1. I am planning to file a religious Asylum application with an attorney after completing the medical rotation, but I am afraid that changing my status from J1 to B1 will harm my asylum case especially if they ask me to explain that I don't have an immigration intent so as to approve my status change. Another problem is that my father is a LPR and he has filed I 130 petition on my behalf under 2B category on April 1st ,2010 ,the fact that I should mention in I-539 form.

Do you think that if i apply for changing status mentioning that I am the beneficiary of I 130 petition will result in harm to my Asylum application that I intend to file later ? Or will result in high possibility of denial to my status change request ?

Or the best thing will be Not to apply for Asylum and wait for the Visa petition until it becomes current. And if I have to wait for the Visa petition,How can I obtain a legal status and till the petition is approved ? Will a student Visa be a solution for that ?

I am NOT intending to return back to my country.


Asked on 8/27/10, 2:09 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Waiting for priority date in your visa category (for most countries) is about 5 years. You can't spend 5 years in USA in B1/B2 status. You might be able, however, to change status to some long-term non-immigrant status.

Asylum application has to be filed within a year of arrival in USA. All other specific questions you should address to a knowledgeable immigration attorney when you schedule a proper confidential consultation.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at Attorney @law-visa-usa.com and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/01/10, 4:10 pm


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