Legal Question in Immigration Law in North Dakota

I am J1 student from Serbia and I am not subjected to the 2 year rule. At this moment there are a lot of refugees from Syria in Serbia, and I don't feel safe going home until this situation pass. So my question is, can I apply for asylum (i don't necessarily need to get green card I just want to be able to be here for at least 2 years, and get work authorization). So goal is to make process for getting green card longer and stay here for 2-3 years. My work visa is expiring in next couple of days but my grace period is until October 15.

Asked on 9/11/15, 5:44 pm

1 Answer from Attorneys

Philip Eichorn Hammond Law Group

You can file for asylum but you should consider your claim and whether or not it will succeed. It will be your burden to prove the Syrian refugees will persecute you for an enumerated reason and that your government can't or won't protect you. If you're seeking to stay in the U.S., the better course of action is to determine how to use your education and employment as a basis to shift from a J visa to H or even into a PERM (if appropriate).

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Answered on 9/12/15, 11:24 am

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