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My wife has f2 visa and gonna apply for asylum. Does her current status (F2 valid until 2016) affect her application for asylum?
Anonymous5 views3 answers
Hello,
I have a question. I am on a F1 visa and my wife is on a F2 visa. we are both in the united states now and our visas are valid until 2016. my wife is interested in christian thoughts and she wants to change her religion from Islam to Christian. but our country will execute the people who changed his/ her religion from Islam to other religions. So can she apply for asylum while she is on a F2 visa? could her application be denied because she can live here safely on a F2 visa until 2016?
Please guide us!
if she would get a denial she would better remain a Muslim because otherwise she can neither go back to our country nor reside here.
It means her case will not be referred to an immigration judge until she falls out of status. I strongly urge you to work with an attorney.
Regards,
Nick Misiti, Esq.
Misiti Global, PLLC
212 537 4407
www.misitiglobal.com
So can she apply for asylum while she is on a F2 visa?
Yes.
could her application be denied because she can live here safely on a F2 visa until 2016?
No.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
I agree with my colleagues. Whether or not she is in status should not affect her asylum application as long as she has a well founded fear of persecution based on one of the categories in the INA. I also agree that you should retain an immigration attorney because faulty asylum applications are routinely denied.
