If you win, it makes no difference. If you lose and you are in valid F-1 status, you should get the Notice of Intent to Deny (which I wrote about on February 21, 2018), and if you are ultimately denied, you will just continue in F-1 status (I think, though maybe they would still send you to court). If you are out of status and lose, you get sent to Immigration Court. So it depends what you prefer. Take care, Jason

Documents in Arlington should be submitted 7 to 10 days prior to the interview. You have to mail them and the mailing address (which is a bit different from the street address) can be found if you follow the link under Resources called Asylum Office Locator. You should also bring a copy of all evidence to the interview, in case they lose what you mail them. Take care, Jason

Thank you jason, which one will be better.
1. Be in f1 visa and go to interview
2. Make f1 inactive and go to interview for better result

Best regards,
Somi

Thank you so much🙂 I believe the Affidavit was already submitted at the time of application.. So should we take police reports and other web links to support our argument with us or submit them before the interview at Arlington office?

At least in my local office, they are making it very difficult by scheduling interview with very little notice. Whether the attorney attends is probably less important than making sure the case is properly prepared in terms of documents (which are usually due a week or more prior to the interview), and that you practice your testimony before you have the interview. It is helpful to have a lawyer with you, as it gives you more confidence, but generally, the lawyer does not do a whole lot at the interview. I wrote about what happens at the asylum interview on a post dated September 8, 2016. Take care, Jason

I suppose USCIS could cancel the F-1 and state that you violated your student status by trying to stay permanently. However, my guess is that they would issue a Notice of Intent to Deny, which you can respond to and maybe still win the asylum case. But if that is denied, you would just get a denial and you would continue in the US on your F-1 visa. Later, before your student status ends, you could potentially re-apply for asylum if you still have a fear of return. You would want to apply before your status ends in order to avoid a problem with the one-year asylum filing rule (I wrote about that on January 18, 2018). Take care, Jason

I have never heard about an interview notice that states that he can bring an attorney but the attorney cannot go into the interview with him. That is vert strange. Maybe he wants to talk to a lawyer to have the lawyer review the notice and his whole case. He might also want to get a copy of his file through a Freedom of Information Act request. Maybe that would help give him an idea about what is happening. There is a link for this under Resources called FOIA USCIS. Take care, Jason

I have question, what if i am on active f1 visa went to USCIS interview and they denied me, will it be refereed to immigration court or they will simply deny without referring to immigration court because i am active visa.

Best regards,
Somi

My friend applied for affirmative asylum after 7 months of arriving on b1b2 in 2018.
He was then called for interview at the asylum office shortly after and they retained his passport.
He also says he saw them put his documents under a tray marked fraud.He has never received a decision since then, and his passport has never been returned.He has only been received renewal for EAD.At one time when he called the asylum office to enquire on his case and passport,they told him if he wants his documents they can return to him and leave the country.
In January 2025, he submitted a marriage application to a U.S citizen and was immediately invited for I485 interview, though i130 is still pending.
What is worrying is that he was told in the letter inviting him to the upcomming interview that he can go with an attorney,but the attorney will not be allowed to go into the interview room.
Is this normall,or could they be planning to detain and deport him?
Have you encountered such instances, and what advise would you give him.
Thank you.