Seeking asylum in Los Angeles as a student can come with unique challenges that you should be aware of. The asylum process can already be quite overwhelming, and wanting to pursue asylum status when you have a student visa can make this even more challenging. The good news is that the United States has set up resources for asylum-seekers that can help address the potential barriers they may face when seeking education, such as language barriers, economic instability, and mental health challenges.

At The Berdugo Law Firm, APC, we are dedicated to providing our immigration clients with the legal guidance they need as they navigate the asylum process in Los Angeles. Keep reading to find out how you can get asylum status as a student in Los Angeles.

Can an International Student Apply For Asylum in the USA?

If you are a student already living temporarily in the United States, it’s very likely that you are an F1 visa holder. These types of uses are intended for educational purposes and are often granted to students looking to pursue higher education for a certain period of time.

Although not incredibly common, there are instances where your situation may change, resulting in you needing to start the asylum-seeking process. For instance, the political environment in your home country may have changed drastically, putting you at risk of potential harm or discrimination if you were to return. 

It is possible for a student to apply for asylum in the USA if they currently hold an F1 visa and are going to school in Los Angeles. To do this, you need to first make sure you meet the eligibility requirements, such as:

• You are physically present in the U.S. or at a port of entry.
• You are able to prove that you are in fear of persecution on the basis of race, nationality, political opinion, religion, or membership in a particular social group.
• Have filed form I-589 within a year of your arrival in the U.S.

The Asylum Application Process 

Even if you are a student in Los Angeles who holds an F1 visa for educational purposes, the asylum process will be quite straightforward. Here is a breakdown of what to expect when you start the affirmative asylum application process as a student:

• Complete and submit form I-589.
• Provide additional documentation as proof of why you fear harm or persecution were you to return to your home country.
• Attend a biometrics appointment and fingerprinting at a location specified by the USCIS.
• Attend the asylum interview and discuss your history and reasons for seeking asylum.
• Wait as your asylum case is processed and you hear back from the USCIS.

After you have submitted your asylum application, the USCIS will send you a receipt of notice. After 150 days have passed from the date that you received your receipt, you are eligible to apply for a work permit or an employment authorization document.

Additional Documentation

The documents that you absolutely must provide when applying for asylum as a student are a copy of your passport, a copy of your U.S. immigration documents, and a copy of your ID documents. However, it is strongly recommended that you also provide supporting evidence that proves that you meet the eligibility requirements of being an asylum-seeker.

Examples of supporting evidence include a personal declaration where you outline the current environment in your home country and why you fear persecution or harm. You can also provide testimonies from friends and family, news clippings and news reports, and declarations from medical experts.

An immigration attorney can help you track down hard-to-find pieces of evidence to prove that you qualify for asylum. They can also help ensure your application is thorough and correct so that there are fewer risks of experiencing delays.

What Happens After the Asylum Application Process?

If your asylum application is approved, you will be granted asylum status and allowed to remain within the United States indefinitely. You can then take the additional step of applying for a legal permanent residency, and you may be eligible for receiving Social Security and medical benefits. When you have asylum status, you can also start the process of bringing your loved ones to the U.S., such as your spouse and children.

If granted asylum, your F1 visa will no longer be active as you will be considered an asylum-seeker and not an international student anymore.

On the other hand, if your asylum application is denied, you can continue to stay in the U.S. as an F1 visa holder if you have maintained it during the asylum process. If you haven’t maintained your F1 visa and your asylum case is denied, you may face removal proceedings.

Pursuing Education as an Asylum-Seeker in the U.S.

The good news for students who have been granted asylum status is that they can continue to access educational resources in the United States even when they no longer have an F1 visa. There are essentially no legal barriers for asylum-seekers, allowing them to apply to any college that they wish to go to. The only limitation is that you must have a pending asylum application or have already received approval.

The college application process will be quite straightforward and not much different from the requirements U.S. citizens have to meet when applying for college. The only difference is that you will need to provide your current immigration status. It’s also recommended that you provide plenty of supporting documents that detail your past education, test scores, and recommendation letters.

Contact an Immigration Attorney at The Berdugo Law Firm

If you want to continue your education as an asylum-seeker in Los Angeles, you will need to go through the asylum court process. Although this is not an easy process, it can be broken down into a few steps so that you better understand what to expect.
At The Berdugo Law Firm, we provide our clients with straightforward legal guidance throughout the asylum application process. Contact us today at 323-642-9933 to speak about your case with an immigration attorney.