Lincoln, NE asked in Immigration Law for Nebraska

Q: Can I file for asylum while I’m in f1 status? What’s the requirements? What documents are needed?

I’m an f1 visa holder, currently attending college in the U.S. and I’m from Afghanistan.

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James L. Arrasmith
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Answered

A: Yes, you can apply for asylum while on F1 status, and given the current situation in Afghanistan, many students have taken this path. You must file Form I-589 (Application for Asylum) within one year of your last entry into the U.S., unless you can demonstrate changed or extraordinary circumstances.

The basic requirements include proving that you have faced or would face persecution in Afghanistan based on your race, religion, nationality, political opinion, or membership in a particular social group. You'll need to gather evidence like personal statements, news articles about conditions in Afghanistan, letters from family or friends describing threats, and any documentation of specific threats or harm you've experienced.

Essential documents for your application include your passport, I-94 record, current I-20, school records, birth certificate (with translation if not in English), and any evidence supporting your fear of persecution. Consider gathering police reports, medical records, photographs, or witness statements if available. Legal assistance can be extremely helpful for this process, and many non-profit organizations provide free or low-cost help to asylum seekers.

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