If you’re an international student in the U.S. on an F1 visa, you might be wondering whether it’s possible to change your f1 student visa to asylum or SIJS. This situation can arise if circumstances in your home country have changed, and returning there might put you in danger. In this article, we’ll explore this question in detail, helping you understand the process and what it means for your current visa status. We’ll also discuss some other related immigration options.
What Is an F1 Visa?
An F1 visa is a type of visa that allows you to study at a school, university, or other academic institution in the United States. When you have an F1 visa, it means you are in the U.S. as a student, and there are certain rules you must follow. For example, during the first year of your study, you are not allowed to work. After your first year, you may be allowed to work on something related to your study.
What Is Asylum?
Asylum is a form of protection given to people who are in danger in their home country. If someone is afraid that they will be harmed or persecuted because of their race, religion, nationality, political opinions, or because they belong to a specific social group, they can apply for asylum in the U.S. This means that they are asking the U.S. government to let them stay in the country because it is not safe for them to return home.
Can I Apply for Asylum While on an F1 Visa?
Yes, you can apply for asylum while you are in the U.S. on an F1 visa. This is important because if you feel that going back to your home country is dangerous, you have the right to seek protection in the U.S. The good news is that your asylum application does not affect your F1 visa. This means you can apply for asylum while still keeping your status as a student.
Understanding the Asylum Process and What It Means for Your F1 Visa
When you apply for asylum, you need to keep your F1 visa status until you have a pending asylum case. This is because staying in good standing with your visa is important for your overall immigration situation. For example, if the asylum application is denied, you can still continue your studies as long as your F1 visa is valid.
However, if your F1 visa expires or you violate the terms of the visa (such as by not attending classes), this could create complications for your asylum case. It’s essential to keep following all the rules of your F1 visa while your asylum application is being processed.
How to Apply for Asylum on an F1 Visa
Applying for asylum has several steps, and it’s crucial to understand each one to ensure your application is successful.
1. Eligibility for Asylum
To apply for asylum, you must prove that you meet the requirements and have a genuine reason why you can’t go back to your home country. The reason must be based on fear of one of the following reasons:
- Your race
- Your religion
- Your political opinion
- Your membership in a social group
You must also be physically present in the U.S. when you apply for asylum.
2. Filing the Asylum Application
To apply for asylum, you need to complete a form called Form I-589, Application for Asylum and for Withholding of Removal. This form asks for information about you, your family, and why you are afraid to return to your home country. It’s very important to be honest and thorough when filling out this form. You should also include as much evidence as possible to support your claim. This evidence can include things like:
- Letters from doctors or psychologists
- Testimonies from friends, family, or others who know about your situation
- Newspaper articles or reports about the situation in your home country
- Photos or messages that show you have been threatened or harmed
3. Timeframe for Applying for Asylum
The asylum application must be filed within one year of arriving in the U.S. However, there are some exceptions to this rule if circumstances have changed in your home country or if there are other extraordinary reasons why you could not file within one year.
4. The Asylum Interview
After submitting the application, you will be scheduled for an asylum interview. During this interview, a USCIS (U.S. Citizenship and Immigration Services) officer will ask some questions about your application and your fears of returning to your home country. The interview can be intense, so it’s important to prepare carefully. You can bring an asylum lawyer and interpreter to the interview if you need one. The interview wait time can vary depending on which state you are in and the waiting list.
5. Waiting for a Decision
After your interview, you will have to wait for a decision. The USCIS tries to make a decision within 180 days after you file your application, but sometimes it can take longer.
6. Applying for a Work Permit
If the asylum application is still pending after 150 days, you may apply for a work permit (Employment Authorization Document, or EAD). This allows you to work in the U.S. legally while waiting for the decision on your asylum case.
What Happens After the Asylum Decision?
The outcome of your asylum application can lead to different scenarios:
1. If Your Asylum Is Approved
When the asylum application is approved, you will be granted asylum status. This means you can stay in the U.S. and eventually apply for a green card, which allows you to live and work permanently in the U.S. Once you are granted asylum, your F1 visa status becomes irrelevant, as your new status provides stronger protection.
2. If Your Asylum Is Denied
If the application is denied, your asylum lawyer can appeal the decision or check other options, such as applying for another form of relief. If you have maintained your F1 visa status, you can continue to stay in the U.S. as a student until your visa expires.
However, if your F1 visa has expired or you have violated its terms, you may be placed in removal proceedings, which means the government could start the process of deporting you. In this case, you would need to seek legal help to appeal the decision or to try and find another way to stay in the U.S.
Challenges of Changing Your Status After a Denied Asylum Claim
If your application is denied and your F1 visa is no longer valid, changing your status to another visa type can be difficult. This is because the U.S. immigration system has strict rules about maintaining your visa status. For example, if you want to switch to another type of visa, you generally need to be in good standing with your current visa. If your F1 visa has expired or you did not follow its rules, it may be hard to switch to a different visa.
Other Immigration Options for Students Under 21: Special Immigrant Juvenile Status (SIJS)
For students under 21 who have been abused, neglected, or abandoned by one or both parents, there might be another option besides asylum. This option is called Special Immigrant Juvenile Status (SIJS).
1. What Is SIJS?
SIJS is a special status for young people who have been mistreated by their parents. It allows them to stay in the U.S. and eventually apply for a green card. To apply for SIJS, you must meet the following criteria:
- You are under 21 years old (in some states, the age limit is lower, such as 18 or 19).
- You are unmarried.
- You have been declared dependent on a juvenile court, or the court has placed you in the care of a guardian or foster care.
- The court has found that it is not in your best interest to return to your home country.
2. How to Apply for SIJS
To apply for SIJS, you need to go through the juvenile court in the state where you live. The court will look at your situation and decide if you meet the requirements for SIJS. If the court agrees that you qualify, you can then file a form called Form I-360 with USCIS. This form is the official application for SIJS.
3. What Happens After You Apply for SIJS?
After you apply for SIJS, you may need to attend an interview with USCIS. If your application is approved, you can then apply for a green card by filing Form I-485. Once you have a green card, you can live and work in the U.S. permanently.
4. The Role of Family Courts
Family courts play a key role in the SIJS process because they issue the orders that prove you are eligible. Without these court orders, you cannot apply for SIJS. The process can be complicated, so it’s often a good idea to work with an immigration lawyer who understands SIJS.
Final Thought on Changing Student Visa to Asylum
As an international student on an F1 visa, you have options if you feel unsafe returning to your home country. You can apply for asylum without it affecting your student status, but it’s important to keep your F1 visa while your application is pending. Additionally, if you are under 21 and have been mistreated by your parents, you might qualify for SIJS, another pathway to legal status in the U.S.
No matter what your situation is, it’s crucial to understand your rights and the steps you need to take. Immigration laws can be complex, but with the right information and legal support, you can navigate the process and find the protection you need.
FAQs for F1 Students Applying for Asylum
No, applying for asylum does not automatically affect your F1 visa status. However, it’s crucial to maintain compliance with all F1 visa requirements, such as full-time enrollment and valid documentation, while your asylum application is pending. If your F1 visa conditions are met, you can continue studying in the U.S. as usual, even if you are seeking asylum.
Yes, you can apply for both asylum and SIJS if you meet the eligibility criteria for each. While both are paths to obtaining legal status in the U.S., they have different requirements and benefits. Applying for both may provide additional protection if one application is denied. However, it’s important to consult with an immigration attorney to strategically manage both applications and understand their implications.
Asylum is granted to individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a specific social group. SIJS is available to immigrant children under 21 years old who have been abused, neglected, or abandoned by one or both parents and cannot be reunited with them. SIJS offers a pathway to a green card but does not allow the child to petition for their parents in the future, unlike other forms of green card status.
You may get a work permit (Employment Authorization Document or EAD) 150 days after you have filed your asylum application (Form I-589) with USCIS, provided that your application is still pending. Once you submit your EAD application, it may take several weeks or months to receive the permit, allowing you to work legally while your asylum case is under review.
If your asylum application is denied and you have maintained your F1 visa status, you can remain in the U.S. as an international student until your visa expires. However, if you did not maintain your F1 status, your case could be referred to an immigration judge, where you might face deportation proceedings. In such cases, it’s essential to seek legal counsel to explore other options or file an appeal.
Yes, asylum seekers must file their application within one year of their last arrival in the U.S. However, exceptions are made for certain circumstances, such as significant changes in your home country that increase your risk of persecution, or extraordinary circumstances that prevented you from filing on time. It’s important to apply as early as possible to avoid complications.
Traveling outside the U.S. while your asylum application is pending can be risky and is generally not recommended. If you leave the country, you may be considered to have abandoned your asylum application. If you must travel, you need to obtain advance parole, and a special travel document, before leaving the U.S. Even with advance parole, re-entry into the U.S. is not guaranteed, and you should consult with an immigration attorney before making travel plans.
If you turn 21 after filing your SIJS petition but before it is approved, your case should not be affected as long as you filed before your 21st birthday. USCIS generally allows applicants who “age out” during the processing period to continue with their applications. However, it’s essential to file as early as possible and consult with an immigration attorney to avoid complications that could arise from ageing out.
Applying for SIJS does not directly impact your F1 visa status. However, if you are granted SIJS and later receive a green card, your status will shift from being an F1 student to a lawful permanent resident (LPR). This transition allows you to live and work in the U.S. without being bound by F1 visa restrictions, such as full-time study requirements.
