Can I apply for asylum after my student visa? 6 Answers as of December 23, 2010

I came to the US with a student visa, it has expired for 3 years. Actually in my country the situation is unstable. The last presidential election turned out wrong. Can I apply for asylum or refugees? Or what should I do to be legal in this country? I came here to study and I did not have money to continue. I do not want to go because the situation is terrible. I came here for a better life for the American dream, have my degree and got back to my country. I do not want to continue to leave like that. I do not have money because I cannot work, I have goals I am not done learning here please help!

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am afraid that your situation is pretty difficult. In order to continue in the U.S., you have to try to continue with your F-1 if possible. You would have to show that you are part of an identifiable group that has or is experiencing persecution, or you have a reasonable fear of persecution. The immigration courts and CIS will look closely at the U.S. State Department's country conditions report, which is annual, and they don't count presidential election results as necessarily proof of persecution's likelihood, though widespread violence or civil war might. If you want to discuss this case further, contact me via e-mail or phone, to schedule a consultation, either by phone or in person. Best to you.
Answer Applies to: California
Replied: 12/23/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
To apply for asylum you need to do it within one year after you entered the US, unless you can show that there was a change in country conditions and for that reason you did not apply within the first year. You can also apply for withholding of removal or convention against torture at any time.
Answer Applies to: Florida
Replied: 12/11/2010
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
The general rule is that you must apply for asylum within one year of arriving in the U.S. However, there are certain exceptions, including changed circumstances in your home country. Your best bet is to consult with a qualified immigration attorney to discuss your particular circumstance and the conditions in your particular country. Make sure your attorney is a member of AILA, the American Immigration Lawyers Association, a national professional association of immigration attorneys who concentrate their practices in immigration law. While many attorneys claim to practice immigration law, some try to practice it along with a whole host of other practice areas. Members of AILA generally concentrate their practice in immigration, attend national conferences on immigration laws, and are generally the most qualified to handle your case
Answer Applies to: Massachusetts
Replied: 12/7/2010
Law Offices of Daniel Richardson
Law Offices of Daniel Richardson | Daniel R. Richardson
An application for asylum requires that it be filed within 12 months of arriving United States. However, it is possible to apply after the 12 months if you can prove country conditions changed significantly after you left, but this requires that you act promptly.
Answer Applies to: California
Replied: 12/6/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes you can file but you may have to show extraordinary circumstances as to why you are filing more than a year after entering the US.
Answer Applies to: Florida
Replied: 12/6/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    If you want to apply for asylum, you must prove that you fear for prosecution in your own country. It is not going to be an easy case. Plus, you passed the time frame to apply for asylum, which is within one year of entry.

    Since you came here on a visa, you may have chance to stay due to truthful marriage to a US citizen. You bear burden to prove the bona fide of your relationship. If you do have a girl friend or boyfriend who will marry you, we strongly recommend you to retain a lawyer's help in order to avoid deportation.

    You are more than welcome to contact us.
    Answer Applies to: Florida
    Replied: 12/6/2010
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