If the asylum is denied before your tourist visa expires. Please please please consult with an immigration attorney before you file an asylum application. Asylum is very tricky and there are very harsh consequences to filing a frivolous application.
No, your tourist visa will be canceled and your chances of ever getting a new tourist visa in the future will be close to zero.
HIRE AN ATTORNEY ... most asylum applications that are submitted without the help of an attorney are denied.
If your alloated stay according to your I-94 card has not expired by the time you leave the US and your B-2 visa is also unexpired, then it should remain valid, however, remember that merely having a visa does not guarantee your admission into the US. If CBP looks at your case, sees that you filed asylum (thus that you had immigrant intent), you may very well be turned away for any future entries into the US.
Also, you should not attempt to file your asylum application alone nor without knowing the exact consequences of doing so. Unfortunately, general strife in a country will not generally rise to the level necessary to be granted asylum, you need to show something more and an attorney will be able to help you do that (or will tell you that your case doesn't meet the requirements).
Believe me, the cancelation of your B1/B2 visa will be the least of your problems. With an Immigration Attorney representing you, the political asylum process can take 2 - 5 years. If you are serious about staying in the USA hire an Immigration Attorney. Political Asylum is one option out of many. Hire an expert if your serious.
Frank Stanczak
Immigration Attorney
Make sure you have your Ts crossed and Is dotted through the guidance of an attorney before you apply for political asylum. The consequences of doing it wrongly could be a life time game changer. Consult with an immigration attorney.
Hi there,
Your question is profound and important. As a general rule, your authorised period of stay will likely expire before you actually are invited for an asylum interview, given current backlogs at all US asylum offices. Therefore, upon the expiration of that authorised stay, if you have neither received a decision on your asylum or even been interviewed yet-as I suspect-nor have you applied for another classification or an extension of your current status, you will foreclose your chances to change status to most other non-immigrant classifications. Absent a bond fide marriage to a U.S. Citizen, you will have likely also foreclosed your options to adjust your status to that of a permanent resident. Now, you will notice I have not addressed your tourist visa itself yet, which is the Visa stamped into your passport by the U.S. Consular post abroad that permitted you to travel to the U.S. Assuming you come from a country to whose nationals the U.S. issues multiple entries for tourist visas, and assuming you hold a multiple entry tourist visa, then technically speaking your visa would
remain valid on its its face until it's expiration. However, PLEASE understand that Omnitel the fact of applying for asylum and the potential overstay in the U.S. Will have severe consequences realistically on your future re-admission. All the best!