Can I be granted asylum if my visa has expired? 7 Answers as of July 18, 2011

I have applied Asylum after expired my visa(about 3 months), and I went interview at the immigration office to explain my case, And they told me to come back after week to hear the what they are decided. When came to find out, but they said my case is processing, and I haven't get anything since I apply for it. But I got work authorization. My question is can I be granted for asylum?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes, asylum does not require you to maintain your underlying status. You just need to file within one year of entry to the U.S., show fear of persecution on one of the protected grounds, etc. If you are not in status and your asylum is not granted by the Asylum Office, your case will be referred to the Immigration Judge and you can renew your asylum claim in front of the Judge
Answer Applies to: California
Replied: 7/18/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
For asylum application to be granted, you must show either past persecution or well founded fear of persecution. It has nothing to do with expiration of visa.
Answer Applies to: Nevada
Replied: 7/15/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Whether you can be granted asylum does not depend on your visa status, rather it depends on your circumstance. Asylum is never a given or easy as piece of cake. You'd been better off with a counsel, which sounds like you did not have one. If you are denied, you will be put in removal proceeding where you should have a counsel.
Answer Applies to: Florida
Replied: 7/15/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you can still get asylum since you filed for it within the 1 year time limit. You can also be denied if they think that your case is not worthy of an administrative approval. In that case, they will refer you to an Immigration Judge and you will be able to re-apply for asylum before him. So, for now be patient and let them process your case. Good luck!
Answer Applies to: California
Replied: 7/15/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You can be granted asylum if you filed the application within one year of entering the United States. It does not matter whether you are in status or not but your case will be referred to an Immigration Judge for removal proceedings if you are out of status. You can then renew your application in court.
Answer Applies to: California
Replied: 7/15/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    Generally, your visa expiration is not material to your asylum application.
    Answer Applies to: Texas
    Replied: 7/15/2011
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    You shall receive an interview notice, attend the interview and then received some kind of decision notice. Only until then will you understand whether your case is granted.
    Answer Applies to: Oregon
    Replied: 7/15/2011
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