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  1. #1
    Join Date
    Mar 2012
    Posts
    2

    Default Reentering After Voluntarily Leaving the U.S., Not Out of Status

    Hello,

    My sister came here on student visa (F-1) in January 2008. In January 2011 she received her opt, it expired in January 2012.
    She filed for asylum in March 2011, was interviewed in May 2011. She was denied in September 2011, immediately filed for appeal.



    I understand that it'll take a few more hearings before my sister finally exhausted all her legal options as far as asylum rules go.


    My question is: at the final hearing, if she gets denied for the last time, I believe she'll have to leave the country, right? and if she leaves on her own accord/voluntarily, does the 3/5 or 10++ year bar apply to her?

    Is it possible for her to re-adjust her status, without leaving the country, after she's denied at the final hearing? ie. if she goes to school again for a master's degree? or a company willing to sponsor her a green card?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,865

    Default Re: Reentering After Voluntarily Leaving the U.S., Not Out of Status

    If the appeal is with the Board of Immigration Appeals (BIA), then there should not be overstay time pending appeal. If this is an appeal to a federal court following an unsuccessful administrative appeal, unlawful presence may be accruing.

    Once your sister applied for asylum, her application constituted an unequivocal claim that she wants to remain in the United States indefinitely because it is too dangerous for her to return to her nation of origin. In order to qualify for a nonimmingrant visa such as a F1 visa, she must have nonimmigrant intent. Her petition for asylum is la conflict directly with an application for F-1 student visa status, which requires you to show "nonimmigrant intent," meaning that she is committing to return to your nation of origin at the end of her authorized stay. It is thus exceptionally unlikely that she could successfully change her status from being an applicant from asylum in order to obtain status on a new nonimmigrant visa.

  3. #3
    Join Date
    Mar 2012
    Posts
    2

    Default Re: Reentering After Voluntarily Leaving the U.S., Not Out of Status

    thank you for the reply

    can u please elaborate more aboyt the pending appeal situation?

    like I said her OPT expired in January 2012

    her interview with an asylum officer that took place in May 2011 was denied in September 2011. She immediately appealed this decision in september 2011 and still waiting for her hearing with an immigration judge.

    does this mean she's out of status now?

    how many appeal can she get? how long does this process usually last, altogether with the appeals and stuff?

    what would u suggest her to do so she won't be out of status? should she just leave altogether now?

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,713

    Default Re: Reentering After Voluntarily Leaving the U.S., Not Out of Status

    Where is she planning on going, if her home country is so dangerous she needs asylum?
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  5. #5
    Join Date
    Jan 2007
    Posts
    1,283

    Default Re: Reentering After Voluntarily Leaving the U.S., Not Out of Status

    Why is she not consulting an attorney? She is unnecessarily complicating her situation by looking for advice on a forum and not an experienced attorney. Please help her find one.

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