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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5221
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I came here on f1 but I'm out of status more than a year.

Customer Question

Hi
JA: Hello. What seems to be the problem?
Customer: I came here on f1 but I'm out of status more than a year. Can I apply for asylum now and how?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: No
JA: Have you talked to a lawyer yet?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 months ago.

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Customer: replied 2 months ago.
Ok thanks
Customer: replied 2 months ago.
Can't talk on phone right now
Customer: replied 2 months ago.
Are you there?
Expert:  Jen Marie, Esq. replied 2 months ago.

Yes I am here. If you would not like to speak on the phone I can answer your question within this chat window. I am finishing up with another customer but I will be with you shortly. Thanks for your patience.

Customer: replied 2 months ago.
Ok
Expert:  Jen Marie, Esq. replied 2 months ago.

If you last entered the US more than one year ago, you can still submit the I-589 form for asylum but your application will be considered a Withhold of Removal case rather than asylum case which carries a higher burden of proof and is harder and will not get you a green card if you win. The only way you can still apply for actual asylum is if you can prove there were extenuating circumstances as to why you did not file within entering the US. You can try to explain on form I-589 if you have a reason and the asylum officer will decide to accept it or not.

Good luck to you and I hope this answer has helped you!

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Expert:  Jen Marie, Esq. replied 2 months ago.

Hello? Did you get my answer.?