Thanks for your response! Yes, my immigration attorney told me the same thing.
But I’m still technically maintaining my F-1 student status, and I’ve been in the U.S. for less than 5 years. I'm currently on OPT, which is still part of the F-1 program.
Even though I applied for asylum in December 2023 and received an EAD based on that, my asylum application is still pending — and it hasn’t changed or terminated my F-1 status. I’m still fully complying with the conditions of the F-1 visa.
So here’s the dilemma I’m facing:
- If I file Form 1040-NR for 2024, I’m in line with the IRS rules for F-1 students (since I’m still within the 5-year exemption period).
- But from the asylum point of view, it might look inconsistent — because I’m reporting myself as a nonresident alien even though I’ve declared intent to stay in the U.S. permanently.
On the other hand:
- If I file Form 1040, it may align better with my pending asylum case (as someone intending to become a resident),
- But it could raise questions about whether I’ve abandoned my F-1 status, which I haven't.
I feel caught between two systems — IRS guidelines for F-1 students and the implications of my asylum claim.
Do you (or anyone else) have thoughts on how best to navigate this situation?
Really appreciate any input!
