Frequently Asked Questions About F1 Student Visa and Asylum

By Asim Kilinc, Immigration Attorney at CK Law Firm

In today’s world, there are multiple ways to study, live, work, or settle in the United States. In this article, I will address the asylum application process for F1 Student Visa holders, a topic that I frequently encounter and receive many questions about. Drawing from the questions of dozens of clients whose cases I have handled, I believe this article will answer many questions that F1 visa holders may have about the asylum process. By reading this article, you will find answers to the following questions:

• Can I apply for asylum in the United States as an F1 visa holder?
• Can I apply for asylum after my F1 visa expires?
• What are the steps to apply for asylum with an F1 visa?
• Can I obtain a work permit after applying for asylum while holding an F1 visa?
• If my asylum application is denied, can I return to my F1 status?
• Can I continue my education after applying for asylum while holding an F1 visa?
• What are the advantages of applying for asylum with an F1 visa?
• Is it necessary to hire a lawyer when applying for asylum with an F1 visa?
• Can I include my family members when applying for asylum with an F1 visa?
• Can I marry a U.S. citizen and get a Green Card during the asylum process?

If you have any questions beyond those mentioned above, please feel free to contact me through the comments section below this article, send me a message directly on LinkedIn, or reach out through the CK Law Firm Immigration Attorneys website, where I am a founding partner.

Can I apply for asylum in the U.S. as an F1 visa holder?

Yes, as an F1 visa holder, you can apply for asylum in the U.S. Asylum is sought when you do not wish to return to your country due to persecution or fear of persecution. If you are in the U.S. on an F1 visa and are afraid to return to your country, you can legally apply for asylum. To be accepted, your fear of persecution must be credible and well-documented. This application should be supported by a well-thought-out strategy and preparation process.

Can I apply for asylum after my F1 visa expires?

Yes, you can apply for asylum after your F1 visa expires. However, you must apply for asylum within one year of entering the U.S. Applications submitted after this period are usually denied, so it is crucial to apply on time. However, if you have maintained your F1 status and the one-year period has passed, it will not pose a problem for the asylum application, as maintaining your status qualifies as an exception to the one-year rule.

What are the steps to apply for asylum?

The asylum application process includes:

1. Creating a Strategy and Preparing the Application: Before starting the asylum application, a good strategy should be created, and necessary preparations should be made. In this phase, documents supporting the application should be collected, and a detailed application file should be prepared.
2. Collection of Biometric Information: After applying, fingerprints will be taken, and biometric information will be collected. Attending this appointment is mandatory, and failure to do so may result in the denial of your work permit application.
3. Interview: An interview will be conducted at the Immigration Office to evaluate your application. During this interview, an officer will ask you questions related to your application. It is essential to prepare with your lawyer before this interview.

Can I obtain a work permit after applying for asylum while holding an F1 visa?

Yes, you can obtain a work permit after applying for asylum while holding an F1 visa. You can apply for an Employment Authorization Document (EAD) 150 days after submitting your asylum application. Once you receive your work permit, you can start working legally. This permit is valid for five years after approval.

If my asylum application is denied, can I return to my F1 status?

If your asylum application is denied, it may not be possible to return to your F1 status. However, you can request an extension of your F1 visa to maintain your F1 status. This way, you can continue your education and retain your F1 status.

Can I continue my education after applying for asylum while holding an F1 visa?

Yes, you can continue your education after applying for asylum. There is no obstacle preventing asylum applicants from continuing their education. It is not necessary to maintain an F1 visa to continue your education. Even if your F1 visa expires, it will not be a problem. After obtaining a work permit through asylum, you can apply for certain special loans and borrow for tuition fees.

What are the advantages of applying for asylum with an F1 visa?

• Green Card Through Marriage: During your asylum process, you can marry a U.S. citizen and obtain a Green Card. After receiving the Green Card through marriage, you can withdraw your asylum application.
• Work Permit: You can apply for a work permit 150 days after submitting your asylum application and receive a five-year work permit.
• Permanent Residency: Once your asylum application is approved, you can apply for a Green Card and, later, if you meet the necessary conditions, become a U.S. citizen.

Is it necessary to hire a lawyer when applying for asylum with an F1 visa?

It is strongly recommended to hire a lawyer when applying for asylum with an F1 visa. The asylum application process is complex and requires legal knowledge. A lawyer can assist with preparing your application, submitting documents correctly, and guiding you through the interview process. Additionally, your lawyer can highlight the strengths of your application, increasing your chances of acceptance. Hiring a lawyer is an essential step that increases the likelihood of a successful application.

Can I include my family members when applying for asylum with an F1 visa?

Yes, you can include your spouse and unmarried children under 21 in your asylum application when applying with an F1 visa. These family members can join you in applying for asylum and benefit from the same protection. Having your family members submit supporting documents can increase the chances of your application being accepted.

Can I marry a U.S. citizen and get a Green Card during the asylum process?

Yes, you can marry a U.S. citizen and obtain a Green Card while your asylum process is ongoing. After receiving the Green Card through marriage, you can withdraw your asylum application. This process allows you to obtain permanent residency through marriage and stay legally in the U.S. When applying for a Green Card through marriage, you must provide the necessary documents and prove that the marriage is genuine. For more information and support, don’t hesitate to get in touch with me directly via LinkedIn, email me at info@cklawfirm.org, or visit the CK Law Firm Immigration Law Firm’s website!

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the founding partner of CK Law Firm, known for his expertise in immigration law and U.S. asylum applications. Having completed his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is a member of the Missouri Bar and focuses on U.S. immigration law.

Attorney Kılınç has significantly contributed to CK Law Firm’s success in immigration law through his deep knowledge and experience in this field. He has actively played a role in preparing over 1,000 cases in immigration law, demonstrating his expertise. By providing comprehensive and professional legal support to his clients, he facilitates their adaptation to a new life in the U.S.

Attorney Kılınç also has extensive knowledge of U.S. asylum applications. He carefully guides his clients throughout the process, ensuring they receive the best legal counsel. He offers top-quality services in citizenship, Green Card, work permits, and other immigration processes, supporting his clients from the start until they become U.S. citizens.

Strengthening CK Law Firm’s leadership in immigration law and U.S. asylum applications, Attorney Asım Kılınç provides reliable and effective legal counseling services, supporting clients in their journey to establish a new life in the U.S.