When you come to the United States on an F1 visa, it means you’re here to study. You might be attending a college or university, learning new things, and making new friends. But sometimes, things back home might change, and going back could be dangerous. In such cases, students on F1 visas might need to stay in the U.S. for their safety. Two ways they can do this are through applying for asylum or Special Immigrant Juvenile Status (SIJS). Let’s explore these options in a way that’s easy to understand.
What Is an F1 Visa?
An F1 visa is like a special pass that allows you to come to the U.S. to study at schools, colleges, or universities. When you’re on an F1 visa, you must follow certain rules like going to school full-time, not working too much outside the school, and keeping your information up to date.
What Is Asylum?
Imagine you’re in a country where it’s not safe for you to live because people might hurt you just because of who you are, what you believe, or where you come from. Asylum is a way to ask another country, like the U.S., to protect you because it’s not safe to go back home. If the U.S. agrees that you need protection, you can stay here safely.
Can F1 Visa Students Apply for Asylum?
Yes, if you’re on an F1 visa and you’re afraid to go back to your home country, you can apply for asylum in the U.S. Applying for asylum doesn’t cancel your F1 visa, but it’s important to keep following the rules of your F1 visa until you know whether your asylum request is approved.
How Do You Apply for Asylum?
To apply for asylum, you need to show that you’re in danger because of your race, religion, nationality, political opinions, or because you belong to a particular social group. For example, if you’re from a country where people are hurt because of their religion, and you’re part of that religion, you might be able to ask for asylum.
Here’s a simple step-by-step process to apply for asylum:
- Stay in the U.S.: You need to be in the U.S. to apply for asylum.
- Fill Out Form I-589: This form tells the U.S. government about you and why you need asylum. You might need help from a lawyer to fill it out correctly.
- Gather Evidence: You need to show proof that you’re in danger. This could be things like messages, photos, newspaper articles, or statements from people who know what happened to you.
- Submit Your Application: You should do this within one year of arriving in the U.S. unless there’s a good reason you couldn’t.
- Attend a Biometrics Appointment: This is where you give your fingerprints and a photo so the U.S. can keep your records.
- Go to an Asylum Interview: A U.S. officer will ask you questions about your situation to understand why you need asylum.
- Wait for a Decision: It can take several months to find out if you’ve been granted asylum.
If you’re granted asylum, you can stay in the U.S., work, and eventually apply to become a permanent resident.
What Happens If Your Asylum Is Denied?
If your asylum application is denied, you might be able to appeal the decision. If you still have your F1 visa, you can continue studying until it expires. However, if your F1 visa has expired, you might need to leave the U.S. or explore other ways to stay.
What Is Special Immigrant Juvenile Status (SIJS)?
SIJS is another way for certain young people to stay in the U.S. This is for children or teenagers who can’t live with their parents because they were hurt, neglected, or abandoned. SIJS lets these young people apply for a Green Card, which allows them to live and work in the U.S. permanently.
Who Can Apply for SIJS?
To apply for SIJS, you need to be:
- Under 21 years old
- Unmarried
- Have a court order from a judge saying you can’t be with your parents because it’s not safe
- It must be in your best interest to stay in the U.S.
How Does the Age-Out Policy Affect SIJS?
The “age-out” policy refers to the age limit by which you must get a court order to apply for SIJS. In most states, you need to get this court order before you turn 18, but in some states, you can be up to 21 years old.
Here’s a breakdown of age-out limits by state:
- 21 Years Old: California, New York, Florida, and a few other states let you apply for SIJS until you’re 21.
- 18 or 19 Years Old: In many other states like Texas, Arizona, and Georgia, you need to get a court order before you turn 18.
If you think SIJS might be right for you and you’re close to the age-out limit, it’s important to act quickly. You’ll need to get a court order saying it’s not safe to live with your parents, and a lawyer can help you do this.
What Is the SIJS Application Process?
The SIJS process is similar to the asylum process but focuses on your situation as a young person. Here’s what you need to do:
- Get a Court Order: A judge needs to say that it’s not safe for you to live with your parents because they’ve hurt, neglected, or abandoned you.
- Apply for SIJS: With the court order, you can fill out the application for SIJS. A lawyer can help you with this to make sure everything is done correctly.
- Submit Your Application: You send your application to the U.S. government for review.
- Wait for a Decision: Just like with asylum, it might take a while to hear back. But if you’re approved, you can stay in the U.S. and apply for a Green Card.
Why Is SIJS Important?
SIJS is important because it protects young people who can’t go back to live with their parents. If you’re granted SIJS, you can live in the U.S., go to school, work, and build a life here.
Why SIJS Might Be Better Than Asylum
- Lower Age Requirement: SIJS is specifically designed for young people under 21. If you fall within this age range, you’re in the perfect spot to apply for SIJS. Asylum, on the other hand, doesn’t have an age limit, but the process can be longer and more complicated.
- Higher Approval Rates: The approval rate for SIJS is very high—around 95%! This means that if you meet the requirements, there’s a strong chance you’ll get approved. Asylum applications, however, are much harder to get approved because you need to show strong evidence that you’re being persecuted or at risk in your home country.
- Less Need for Evidence: With SIJS, you don’t need as much evidence to prove your case compared to asylum. Asylum requires you to show detailed proof that you are in danger back home due to your race, religion, nationality, political opinion, or membership in a particular social group. SIJS focuses more on your situation within the U.S. and your relationship with your parents.
- Faster Processing Times: SIJS cases can sometimes move faster than asylum cases. Asylum applications can take months or even years to process, which can be stressful and uncertain. SIJS, on the other hand, often has a more straightforward process.
- Protection from Ageing Out: If you’re under 21, SIJS protects you from “ageing out.” This means that as long as you apply before you turn 21, you’ll still be eligible even if the decision is made after your 21st birthday. Some states even extend this protection up to 21, giving you extra time to apply. Asylum doesn’t offer this specific protection.
- Permanent Residency: If you’re granted SIJS, you can apply for a Green Card right away, which leads to permanent residency. Asylum can also lead to a green card, but the process is usually longer and involves more steps.
Comparing Asylum and SIJS: Which Should You Choose?
While both asylum and SIJS can help you stay in the U.S., SIJS might be the better choice if you’re under 21 and meet the qualifications. It’s designed specifically for young people like you and often has a higher chance of approval with fewer complications.
However, everyone’s situation is different. If you believe that you are in danger in your home country and don’t qualify for SIJS, asylum could still be a valid option. It’s essential to talk to a lawyer or a trusted adult who can help guide you through this decision.
What If You Don’t Qualify for Asylum or SIJS?
If you don’t qualify for asylum or SIJS, there might still be other options. You could apply for a different type of visa, like a work visa if you find a job or a family visa if you marry a U.S. citizen. It’s important to talk to a lawyer who understands immigration law to find out what options are available for you.
Key Takeaways
- F1 Visa Students Can Apply for Asylum: If you’re afraid to go back to your home country, you can apply for asylum while you’re still on an F1 visa. It’s important to keep following the rules of your F1 visa while you wait to find out if your asylum request is approved.
- SIJS Is for Young People Who Can’t Live with Their Parents: If you’re under 21, unmarried, and can’t live with your parents because they’ve hurt, neglected, or abandoned you, SIJS might be an option for you to stay in the U.S.
- Act Quickly If You’re Close to the Age Limit for SIJS: Depending on the state, you might need to get a court order before you turn 18 or 21 to apply for SIJS.
- Talk to a Lawyer: Both asylum and SIJS applications can be complicated. An immigration lawyer can help you understand the process, gather the right documents, and make sure you’re following all the rules.
If you’re an F1 visa student and you’re worried about going back to your home country, don’t be afraid to ask for help. The U.S. has laws to protect people like you, and it’s important to know your rights and options.
Conclusion
If you’re a student under 21 and worried about your ability to stay in the U.S., SIJS might be the better option for you. It’s designed to protect young people who have been mistreated by their parents and offers a faster, more straightforward path to staying in the country. While asylum is another option, SIJS has many advantages, especially if you’re young and meet the specific requirements.
It’s always important to seek advice and make sure you choose the best option for your situation. With the right help and information, you can make a decision that keeps you safe and secure in the United States.
