Q: Can I apply for Asylum if my i539 is still pending but my H4 Visa was expired 1.5 years ago?

A: First, do you have a well founded fear of persecution based upon any or some of the legal requirements? If so, were there sufficient changed circumstances as a matter of law over the last year? Do you know what is considered changed circumstances as a matter of law?

In addition, are you prepared to try to seek a form of relief that 'may' eventually result in an indefinite employment authorization card, perhaps, an eventual deportation order, but not a green card? Did you know that if there is a decision by the government that that the asylum application is frivolous, then you can be permanently banned from lawful immigration? Maybe you should reconsider whether to file an asylum application! There may be other more effective options.

At this point, I strongly recommend an appointment with a competent and experienced immigration attorney who will take the time to answer your questions. Many of the more experienced immigration attorneys will want to take more time to review the situation, so that charge an appointment fee before deciding whether you need and/or want to hire an attorney.

A: It is possible to apply for asylum while an I-539 extension of status application is pending, but it is important to understand the potential risks and complications involved.

When you apply for asylum, you are essentially asking the United States government to grant you protection from persecution in your home country. However, if your pending I-539 extension of status application is denied, you may be deemed to be unlawfully present in the United States and may be subject to removal proceedings. This could complicate your asylum case and make it more difficult to obtain asylum.

Additionally, if you have been in the United States for more than one year without legal status, you may be subject to a bar from returning to the United States if you leave and try to re-enter on a new visa or other status.

It is important to discuss your specific situation with an experienced immigration attorney who can advise you on your legal options and help you navigate the asylum process. An attorney can also help you assess the potential risks and benefits of applying for asylum while your I-539 extension of status application is pending.