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Asylum for F-1 Students · New York
New York has more international students than any state except California: Columbia, NYU, Cornell, the SUNY and CUNY systems, Rochester, Syracuse, and dozens more. A SEVIS termination or a visa revocation is an immigration emergency for a student, and asylum is one of the paths we review when returning home is not safe.
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Students: status and protection
For students at New York universities, reinstatement and asylum are not either-or. The right order depends on the termination reason, the date, and the danger at home.
Reinstatement (Form I-539 within 5 months, with a DSO recommendation) restores status. Asylum protects you if going home is dangerous. The order and timing of the two filings matters.
A revocation stops the visa working for travel; status inside the U.S. is a separate question, though since 2025 ICE has used revocations to terminate SEVIS records. Do not travel before a review.
An enrolled F-1 student can file affirmative asylum and keep studying. Approval leads to a green card a year later; the application itself does not end F-1 status.
The year runs from your last arrival, not from the school problem. Long-term students often need a changed-circumstances argument, which is fact-specific and must be documented.
Asylum opens a path to a work permit after 150 days pending. Unauthorized work before then can damage both the asylum case and any reinstatement.
Asylum is a serious step with consequences for travel and future non-immigrant visas. When the fear is real it is a strong protection; when it is not, another path fits better.
Free eligibility screener
Five questions that mirror what an asylum officer or immigration judge has to decide, written for students who are weighing status options at the same time. Nothing you enter leaves your device.
Students often have strong claims they discount: activism abroad, family targeting, religious minorities, LGBTQ+ identity, or refusing a group. Have it reviewed before deciding.
Free tool · Santos Khoury Law
Five confidential questions covering the core requirements, the one-year deadline, and the common bars.
100% confidential. Runs in your browser, nothing is stored or sent.
The one-year deadline and the details of your story can make or break an asylum case. Get a professional assessment before you file Form I-589, in your language.
Disclaimer: Asylum eligibility depends on the specific facts of your case, current case law in your circuit, and how your claim is documented and argued. This tool provides general information only and is not legal advice. Using it does not create an attorney-client relationship with Santos Khoury Law.
New York immigration facts
New York City (Broadway) Immigration Court
26 Federal Plaza, Room 1237, New York, NY 10278
Est. wait 4.5 yrs · 35 judges · Pending 130,000
New York City (Varick) Immigration Court
201 Varick St, Suite 1130, New York, NY 10014
Est. wait 4.2 yrs · 18 judges · Pending 65,000
Wait times and pending-case figures are estimates; confirm your hearing with your A-number through EOIR.
People arrested by ICE in New York City are often processed at 26 Federal Plaza and moved within days to Delaney Hall or Elizabeth in New Jersey, to Batavia in western New York, or out of state. Locating them quickly is the first job.
Affirmative asylum interviews for New York residents are generally scheduled through the New York Asylum Office (Bethpage, NY).
USCIS field offices serving New York: New York City (Manhattan), Queens, Brooklyn, Long Island (Holtsville), Buffalo, Albany.
Our attorneys are admitted in New York and appear at the New York City immigration courts at 26 Federal Plaza and Varick Street, in person and by video.
Languages: English · Español · Português · العربية · Français · Hours: 24/7
Watch: our attorneys explain
Will Anyone Find Out If You Apply for Asylum?
The truth about confidentiality when you file an asylum application.
Do You Need a Lawyer to Apply for Asylum?
What an attorney adds to an asylum application and why it matters.
Can Travel Mistakes Hurt Your Asylum Case?
Why speaking with an attorney before you travel matters while your asylum case is pending.
What Happens If You Overstay Your Visa?
Overstaying a visa doesn't mean your options are gone, what to do next.
How to Prepare for an Affirmative Asylum Interview
What to expect and how to prepare before your affirmative asylum interview.
More on the video center or call (866) 369-0220.
Common questions
Yes. A student who remains enrolled and in status can file an affirmative asylum application and keep the F-1 status while it is pending. Asylum also opens a path to a work permit after 150 days. Timing and the one-year deadline are the key questions.
Yes. A SEVIS termination ends F-1 status but does not bar asylum. Depending on the reason and the timing, reinstatement may also be possible. We review both paths together and choose the order that protects you.
Not necessarily. A visa revocation affects travel; your status inside the U.S. is a separate question, though since 2025 ICE has used revocations to terminate SEVIS records. Do not travel and do not assume you are out of status before an attorney reviews your record.
Affirmative asylum interviews for New York residents are scheduled through the New York Asylum Office. If you are placed in removal proceedings, the case is heard at the New York City (Broadway), New York City (Varick) immigration courts, in person or by video.
It can. Asylum is a serious step with its own consequences for travel and future non-immigrant visas, and it should never be filed as a status stopgap. When the fear is real, it is a strong protection; when it is not, other paths fit better.
Designated School Officials manage SEVIS records and can issue a new I-20 or recommend reinstatement, but they cannot give legal advice or represent you before USCIS or the immigration court. We coordinate with school officials regularly.
Have a different question? Call (866) 369-0220
Free and confidential
Send us your I-20, the SEVIS notice or revocation email, and a few lines about why you cannot go home. A lawyer reviews it within 24 hours, by WhatsApp, video, or phone.
