San Francisco, CA asked in Immigration Law for California

Q: How can I get H1B stamp in my passport if I'm not allowed to go back to my country due to a pending asylum process?

stamp in my passport, the Change of status was approved (From an F-1 visa) and everything looks good. I'm also waiting for a decision on my Asylum application (immigrant visa). Waiting for the last interview.

The company that I work for requires some international travel and there is one trip scheduled for April this year, but I'm afraid I would have problems to re-enter the US if I decide to go.

The thing is, I was reading that I need to get the visa stamp at a US consulate, in my case in Brazil, but I'm afraid that I can't go back to Brazil for it because of my asylum process.

Would you please assist me in understanding this? Or recommend someone (maybe another immigration attorney) that can help me figure this out?

Thank you for your great help!

Related Topics:
1 Lawyer Answer
Alexander Ivakhnenko
Alexander Ivakhnenko
  • Immigration Law Lawyer
  • Wheeling, IL

A: Leaving the United States with a pending asylum status will place that pending case in jeopardy. Also, even with an H1B visa the pending asylum case will trigger a dual immigrant intent. A foreign travel is not recommended.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.