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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107628
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello: I have applied for asylum and waiting for interview,

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Hello: I have applied for asylum and waiting for interview, it has been about 3 months now. My situation: I am on f-1 as of now, whose opt expired last week and am on 60 days grace period. My Question: If my application is referred to Court, can I attend School, even If I lose my f-1 status (60 days grace period). On what basis school will admit me? Please Help!
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Yes, you can attend school while your case is pending. You would not technically have an F-1 student status, but the schools will take your money. They will just charge you the higher tuition and there isn't much you can do about that until you legalize in the future. But at least you can go to school. It just may cost you more to attend.


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Customer: replied 3 years ago.

Does this depend on school? like are there specific schools or I can apply to any school. Cost is not an Issue, but if you go to school won't your case be dropped from IJ? So, if I get a letter of intent to deny and if its been referred to IJ, I can still apply to school?

Most schools will take your money and they don't care about your legal status. So you will have many to choose from. And no, going to school is not going to damage the case before the IJ. Only if you left the U.S. would you basically be self-deporting. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much, one last question, it is just opinion though. I have applied for Asylum while in my OPT (from completing my BS) and right now I do have 45 days of grace period, so what if I do not get my Asylum interview in these 45 days, technically I will be out of status from f1, but my question is, Does it matter or affect any decision if I filled Asylum on my OPT but during my interview I lose my status. your help is much appreciated. Thank you so much again! Cheers!

They may not be able to refer your case to an immigration judge because technically you are out of status.
Customer: replied 3 years ago.

So you are saying that I should remain in Status while the time of interview? And after that I can excuse my f1 and apply to college based on EAD if approved?

What I am saying is that they will not refer your case to an IJ until you are out of status.
Customer: replied 3 years ago.

Thank you so much! So, in your expertise what do you suggest me, I should maintain f-1 status until my interview or I should be out of status so that they will refer my case to IJ? Please help! thank you.

I can never really recommend going out of status, but it is the only way to have your case referred to an IJ.

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