QUESTION

Can I have a political asylum while holding a b1/b2 visa?

Asked on Jan 25th, 2014 on Immigration - California
More details to this question:
I am a Syrian and I am in the US right now. I hold b1/b2 visa. My question is: Can I apply for asylum if i hold b1 /b2 visa? What will happen to me if the allowed period to stay is finished before the final decision of my asylum?
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6 ANSWERS

Yes you can apply for asylum if you have a valid claim of persecution in your home country upon one of the bases for asylum. As long as your I-94 is valid, even if the asylum is denied, you can remain in the US. If the asylum is denied after your I-94 expires, your case will be forwarded to immigration court for removal proceedings.
Answered on Jan 31st, 2014 at 9:41 AM

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Asylum is a complex area of law.
Answered on Jan 30th, 2014 at 5:49 AM

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Bruce A. Coane
Perhaps apply for a B-2 extension first. And, yes, a Syria national can apply for asylum, ideally before the one year deadline from date of entry to the USA.
Answered on Jan 29th, 2014 at 7:44 PM

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I believe there is no reason to oppose your application for political asylum during the time of your current tourist visa, as long as you apply within a year from arrival. Also, once you submit your application, you will be able to stay here during its pendency and await the results of your petition. You will be called to the interview and the decision will be announced there, unless you receive some RFE (additional request for evidence or another sort of letter) prior to your interview - you would have to comply to that request and mail them the information they require within the allocated time. Applying for asylum is not an easy process. It requires substantial legal preparation and assembling papers.
Answered on Jan 29th, 2014 at 1:49 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Yes you can. Once your asylum application is filed, you can stay in the U.S. until a decision is made. Be aware that you have only 1 year from the date of you last admission into the U.S. to file your asylum application or your claim will be time barred.
Answered on Jan 29th, 2014 at 1:48 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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Yes. You must apply for asylum within 1 year of entering the U.S. though. If your asylum is granted, no problem,. If not granted and still in status then you can remain. If not still in status then you will need to leave. In the meantime you can apply for another nonimmigrant status if you would qualify.
Answered on Jan 29th, 2014 at 1:48 AM

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