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Student Visa

Employment Immigration, F-1, Family Immigration, OPT, Student Visa

OPT is almost finished, what’s next?

Q: I’m on an F-1 OPT visa right now after completing my master’s degree. My OPT finishes in August and I’d like to stay longer. What options would I have?

A:Congratulations on completing your master’s degree, and I hope your OPT internship is going well.

Yes, this is a common situation for F-1 students. As you are likely aware, it does not sound like you would be eligible for a STEM OPT extension, even if you have stem-based OPT since your current program is not valid for an additional 150 days. You may have a few options, though.  Continue Reading
Asylum, EAD Work Permit, F-1, Student Visa, TPS

Can an F-1 student apply for asylum?

Q: I’m currently on an F-1 student visa studying in the US. I am afraid to go back to my home country. Can I apply for asylum?

 

A: Yes, immigrants present in the US may apply for asylum, as long as they have a true non-frivolous claim. Although applicants generally need to apply during their first year in the US, there are some exceptions, including maintaining another lawful immigration status (like your F-1 status.) However, you should still apply as soon as possible.

TPS: Some countries have been designated for Temporary protected Status, or TPS. You should check the list of current TPS countries, and talk with your international student advisor or an immigration attorney about this option as well.

Asylum: Asylum is not just based on being afraid. Your situation/fears need to meet 3 specific criteria, and need to be reasonable. For example, as part of the application, you would provide reports to show that harm you suffered, or are afraid of suffering is reasonable for your country. I’ll outline the general  3 criteria below: Continue Reading

Employment Immigration, F-1, Student Visa

I have an F-2 visa. How can I join a masters program or seek a job?

Question: I have an F-2 visa. How can I join a masters program or seek a job? I passed nursing License exam NCLEX but I am unable to get license because I don’t have a SSN.  I need a nursing license to get admitted into a Master’s of Nursing program.

You’re correct that you won’t be able to obtain a SSN and can’t work while in F-2 status. One idea is to try to explain your situation to admissions at the Nursing school. Maybe they will be able to admit you and issue a new I-20 first — either to the Masters program, or a different program that would help prepare you for the Masters. Then you can apply for the SSN after you’ve been admitted and reported to the school. Talk to the school – in fact, talk to several schools to see what they will do, then you could discuss the different options from the schools with an immigration attorney.