GBNC lawyers and Immigration experts, I am f1 student been in us for last 7 years. Based on the current situation, I am thinking of filing for Asylum but ain't sure if it's a good idea. Have some couple questions. Any suggestion is appreciated. Thanks in advance....

1) Can a F1 student file for a Asylum (is it's better the one go to Nepal, come back than only file for it)
2) Does it matter which state you file it from?(is it true that CA has 90+ approval rate, how about MA, NY?)
3) If for some reason, one gets denied, do they need go back to Nepal or can they still be in F1 or some other status?

 

yes, f-1 student can apply for asylum but.. BUT if the asylum gets denied you will have to leave US (you will be deported).

 

do they deport you if you are in status????Anyone has any experience please!!! I thought that most of them who file for asylum is illegal in country...so if denied will be deported....

I don't think so; I'm going for it. Even if you are rejected, you will have some benefits.

As far as i know you should be fine even if your asylum is denied, provided that we been maintaining your F1 status.  

No that is not true you cannot file for asylum when u are maintaining your F1 status. please confirm it though.

If Nepal becomes people's republic, i think there will be a good chance to get asylum. Just hope bhattrai will declare nepal PR soon!

is there anybody...who filed for aslyum in F1 status and got accepted?? could u plz share....

he silent killler if u nn fle asum firs yi f1 statu will no longer be in status n clifornia has a high pecentage i approval and a student can fila slum but it would be the best for you to go to nepal n then make yo story acordingly .then u will have like 99% approval coz here lt of student got approved like that n i also did th same.all the best dude.

yes, you will be deported if your asylum application gets rejected even though you have F-1 status because primary basis of F-1 status is "intention to return to home counrty after completing study". So. applying for any immigrant status (either, asylum, immigrantion thru work or family) shows your intention to migrate which in turn disqualify you from holding F-1 status.

So, after getting your asylum application rejection, your F-1 status will also be voided ans you will be illegal and deported.

U_day that is a flat out incorrect information..

u_day...I think u are not sure what you are talking about...I think you are just guessing!!!Anybody has any experience!!!please!!!

I agree with dymn. U-day you are totally wrong. you can look at uscis homepage where it clearly states that F1 students whose asylum case gets denied will remain F1 as long as he or she continues school.

hum,, i thought u can apply for assylum with in one year period of  time in usa.. before u finalise it consult your lawyer

Whatever visa you may be in, your filing for asylum does not void that as long as you continue to fulfil the requirements of that visa. However, the moment your asylum application is rejected, it means that there is a "removal" order pending against you. The asylum office, in practically rejecting your application, refers you to immigration court. The immigration judge, if s/he decides to deny you asylum, issues an order of removal, which is a deportation order. You get a voluntary deportation order of 90 days I think. Now, whether or not you fulfil your F1 requirements, if you are in the country for more than 90 days after that, you are in violation of a court-issued order. What that would mean for your F1 status is your guess. Do you need to renew/extend your F1 status eventually if denied asylum? All your dealings with USCIS will show up then!

It is little more complicated that what is made out to be up there in those posts. GET A LAWYER.... in caps because I need to say it out real loud! And I, and all of us here, could be wrong.

If there is no credible fear of torture or persecution on the basis of five grounds for asylum, just forget it. You might concoct your stories, but that is your choice. I don't, and no one should, advise it.