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Can I File For Asylum if my Visa Expires?

February 4, 2013

Author: New York Asylum Attorney

Many asylum applicants are confused regarding the procedure of filing for asylum. Let’s say someone came here from Egypt (a country with recent change in country conditions) and now they face a question: shall they file for asylum in the US or shall they do it from their home country. Many potential applicants are afraid that by the time they prepare their application in the US, their visas will expire, and they become illegal.

Here is the answer: an applicant for asylum shall not return to their home country where they fear prosecution. Let the visa expire: it’s far less dangerous or important than being hurt in the country of persecution. First, from the day the asylum application is accepted by the government, the applicant and members of his family included in the application will be in the “authorized stay.” Second, if the application is successful, the laps in status would be forgiven.

In addition, if an applicant returns to his/her home country, he/she will have hard time persuading the US government that there is a real fear of persecution there.

IF you have Asylum questions, call us today at 917-885-2261.

Category: Asylum in USA