If I hold an F1 visa and failed asylum, can I leave and then reenter the US? 4 Answers as of January 06, 2011

I hold an f1 visas failed asylum and plan to go in my country for Christmas. Will this affect my f1 is there a possibility to be denied visas to come back in the us to continue my education? What should I do to prevent any complication?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The denial of asylum may put you on inquiry at the port of inquiry when you return to start school again, even though your F-1 may be completely valid, and you have then a legal right to enter the country to restart your studies without need for parole waiver, since your asylum petition has been finally denied. The officer has the right to suspect fraud through your abortive asylum request, and hold you for further questioning. However, it will likely result in your being allowed back in, to resume your studies. But, as much as you don't like it, you would be safer to remain in the U.S. and continue your education without traveling to your country, where you just said that you were unsafe and a victim of past or future persecution.
Answer Applies to: California
Replied: 1/6/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
The short answer is no. Asylum is granted to protect you from any harm in your country. If you leave to your country the protection is null and void.
Answer Applies to: Texas
Replied: 12/20/2010
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Make sure you are still an active student. Make an appointment to see your Designated Student Officer and have him or her endorse your I-20 for travel indicating you are a returning student.
Answer Applies to: California
Replied: 12/20/2010
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Thank you for contacting our office. Unfortunately, based on the limited information in your email I cannot provide you with any legal advice regarding your situation. However, as a general rule, returning to your home country after filling asylum (whether pending, approved or denied) will create a lot of problems can could affect you ability to obtain a visa or be allowed to enter the U.S. Please contact our office to schedule a FREE initial consultation. When calling to schedule the consultation please tell the receptionist that I advised you to call and to schedule it.
Answer Applies to: California
Replied: 12/17/2010
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