Legal Question in Immigration Law in Nepal

F-1 Student and Aslyum denial

Dear Law Guru

I have a couple of questions with the same fact. I hope you will answer all of the questions as you are an expert guru.

An F-1--name removed--who has been maintaining status filed for asylum and got denied. she was not referred to Immigration Judge.

(1) Will she face any problem if she travels to her home country and return to the US? The situation in the home country has improved recently and there is less threat than before due to political change.

(2) Will the asylum denial affect her in future?

(3) Since she did not receive any deportation order or letters after the denial, does it mean that she is fine to remain in the US and travel as she was maintaining status?

(4) While on her trip to her home country, if she faces persecution again as in past or severe, can she file for asylum again after she returns to the US?

(5) Assuming she is not allowed to return to the US at the Port of Entry, can she claim for asylum then and there?

(6) Is it possible to file I-589 at the US Consulate at her home country?

Please continue your hard work of suggesting hardworking people like us.


Asked on 4/13/09, 8:43 pm

3 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: F-1 Student and Aslyum denial

She should not leave if seeking asylum, once she goes she looks like a fraud. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 4/14/09, 1:12 pm
Larry L. Doan Law Office of Larry L. Doan

Re: F-1 Student and Aslyum denial

Because she maintained her F-1 status, she is not going to be referred to the immigration judge for removal proceedings. However, I can tell you that if she goes home now and does not experience any persecution (or if the prior persecution she claimed in the denied asylum was too weak), it will tend to undercut any future asylum claim she may file again because it shows she's safe while there. While overseas, one does not file the I-589 for asylum; one files for refugee status. She would have to wait until the country conditions change again and she is experiencing new persecution or will be in fear of new persecution, before she can file for refugee status or asylum again at a US port-of-entry.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com )

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.

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Answered on 4/13/09, 9:06 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: F-1 Student and Aslyum denial

Unfortunately, your case has been seriously mishandled, I suspect without representation. You are in a difficult situation in terms of credibility, at least. How do you apply for asylum because you fear returning to that country, return there and state things have changed and then ask whether you can file for asylum again? You could try but the adjudicator, whether a consular officer abroad or a Customs and Border Protection officer at an airport will have a hard time believing you except for very limited reasons. If travel was just to regularize your status, you may well be out of luck, as you would be with most other reasons.

You need some seriously good counsel.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 4/13/09, 10:46 pm


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