Can I apply for asylum visa after passing 1 year deadline, if I have not expired F1 visa? 1 Answers as of March 27, 2017

I came to the US with nonimmigrant visa (F1). It's been 1 year and 4 months now. I'll apply for asylum visa but I'm confused with 1-year deadline. However, I've read that I still can apply because my nonimmigrant visa hasn't ended. Can you enlighten me? What should I write to reason part of the form?

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Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The first question that needs to be answered is whether or not you qualify for asylum. Why are you afraid to return to your home country? Have you been persecuted in your country in the past? Are you a member of a qualifying social group? With all that being said, the fact that you are asking what reason you should put on the form, makes me believe that you probably do not qualify for asylum. In addition there is a one year deadline from the date you entered the U.S. to file for asylum. It does not matter whether your present visa is valid or expired. However, there are exceptions to the one year deadline. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 3/27/2017
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