it depends. if you filed asylum in 180 days of your entry you can. if it was more than 180 days but less than 365 days you will need i601 A waiver. go back to your country and do counselor processing

wait why there is this 180 days thing? I’ve never heard about it. I thought file asylum within 1 year of my last entry counts as valid.

asylum deadline is 1 year. you are right. but you came on visa it usually allow people to stay 180 days. means you triggered unlawful presence means no status.

pending asylum is not a status

I entered with F1 visa and my F1 visa expired 1 year after I applied for my asylum.

did you complete your course?

I didn’t complete all before I applied for asylum. but completed all and get my degree one year after I applied.

your situation is little tricky. before jump in any situation go to some experienced lawyer, not a new lawyer. he will determine what strategy will work for you

I’ve contacted several experienced lawyers but they gave me different answers. I’ve found like about 8 lawyers. so just want to see if anyone had similar situation before.

there is lawyer named rajiv khanna. he is little expensive but is worth it to consult with him

thanks! I will reach out to see.

hafi - pending asylum is not a status, yes, but it grants right to be here legally and work too for any employer in the country (except where the security clearance is required) until the asylum case is decided, or withdrawn for any reasons. so, Monica - you may not have a status currently, but you're legal in the country because of your pending asylum case. as to your other question, should you marry and the husband files for the green card, he will be able to file for you too as a direct relative (i.e, the spouse). your case is not a tricky one, but check again with a qualified immigration lawyer.

Yes , he can add you. you may be inadmissible due visa overstay or unlawful presence though. A waiver maybe required. You would probably need to close asylum case as well before you can start new application