Legal Question in Immigration Law in New York

Can I apply political asylum if I am on F-1 status?


Asked on 3/04/12, 10:56 pm

1 Answer from Attorneys

S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

As a valid student visa holder, there is nothing preventing you from applying for asylum except the following: it must be a valid, non-frivolous asylum application (frivolous applications will cause you serious penalties down the line like future ineligibility to adjust status forever); and 2) you must file within 1 year of having arrived to the U.S., unless your fear of returning to your home country stems from a serious, recent happening, event or circumstances which arose after the one year, you didn�t qualify before but you do now because of recent events. This is the type of question where you want to have a one-on-one consultation or series of consultations with an experienced lawyer to help you navigate these somewhat dangerous waters.

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Answered on 3/05/12, 12:08 am


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