Ive read that many people came to usa on student visa to seek asylum i have couple of questions if i came on student visa and the aslyum officer denied my case whats gonna happen? Will i get deported to my home country? And does denying my case affect my student visa?and will i get banned from coming to usa again?. ive also read that coming to usa to seek asylum on a visa is illegal and its considered to be visa fraud. and that they're gonna deny my case when they know that i came on a visa. is it right?
Coming to the US to seek asylum with a non-immigrant visa of any type does raise a red flag for fraud. However, it is not impossible to over come. You may state your intention to seek asylum upon entry to the country to avoid this problem. If your initial petition is denied, you can appeal and have your case be heard by an immigration judge, you won't be deported immediately. As for the future, it is difficult to say and it will depend on why your asylum is being denied.
If you come on a student visa you will be able to remain in the United States for the duration of the visa period. If the asylum application is denied you will not be deported if you remain in valid visa status. Applying for asylum while on a student visa is not illegal, as long as the student visa is not fraudulent. I highly recommend discussing your asylum claim with an experienced attorney.
If you have a valid asylum claim, you can submit an asylum application. You need to submit it to USCIS within 1 year of entering the US. If USCIS denies your asylum application, and if you are still in valid status, such as student status, then you will continue with your valid student status. If USCIS denies your asylum application and you are not in valid student status at that time, then USCIS will refer your case to Immigration Court, and you can ask the judge to make a decision on your asylum application. Best wishes to you.
If your visa is still valid and you have not violated it in any way, then after the asylum officer denies your case, you go back to that status and are allowed to finish it up. You are asking valid questions, however, if you have a claim for asylum, it is highly recommended to speak with a reputable lisensed attorney
This is a fact based positing that cannot be evaluated without a legal opinion that is confidential. postings are public information. If a nonimmigrant enters the US on a student visa (ie F1,M1, J1) and has no intent to be a student then the information provided at the port of entry could be deemed fraud. The securing of the visa in your passport is not the automatic right to be admitted and it is the examination by the agent at the port of entry who will review and deem the alien the right to enter in the requested status.
Asylum is a very complicated legal benefit that requires the presentation of subjective and objective evidence to show persecution within one or more of the protected basis.
Arriving on a valid student visa and applying for asylum is not illegal nor will it be considered visa fraud in the event of a denial. Consult with an immigration attorney regarding your asylum application. Best of luck.
