DV visa for asylum seeker in third country
- Thread starter divi
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vladek15425
Well-Known Member
Yes, as long as you have a legal status you can process it there.
Just take the proof of your status to the interview.
Just take the proof of your status to the interview.
Thank you for your answer. Another issue i am facing is my passport is expired and i have trouble in getting it from my country as i am an asylum seeker in third country. Would it be possible to use the status in third country? Can i use any other document to provide (unexpired documentation that is sufficient to establish your identity and nationality) like id card or driving license?
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SusieQQQ
Well-Known Member
It's not a case of establishing identity. You can't get a visa without a passport or other acceptable travel document to put it into.
EURO2014
Well-Known Member
Where are you seeking asylum? Have you been recognized as asylum seeker in your host country? Depending on your circumstances and how far down the road you are with your refugee case, there may be an established way to receive travel documents for DV purposes.
Here an example for Ireland, which is why you'd need to provide more specific detail for this forum to be of help to you:
"What is a refugee entitled to in Ireland?
Once granted refugee status, a refugee can stay in Ireland indefinitely and enjoy rights and responsibilities similar to those of an Irish citizen. Refugees also have the right to apply for family reunification in Ireland with immediate family members (within certain criteria) who may be in different countries. A refugee is entitled to apply for Irish citizenship when they have been resident in Ireland 3 years from the date of their asylum application. A refugee can apply for a Travel Document which allows refugees to travel and return to Ireland without a re-entry visa. However, a refugee may not travel to the country they have been declared a refugee from for 5 years."
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Thank you for your reply. I am an asylum seeker in the Netherlands and I hold a W-document Leave to remain card, which is issued to aliens who have applied for asylum in the Netherlands but have not yet received a final decision on their application. Could you advise me, How can i get a travel document with this status?
EURO2014
Well-Known Member
Last question from my side before responding: which US Consulate will be processing your DV case?
As i can't go back to my country, I would process it with US Consulate in the Netherlands. I hope it is possible.
Yes, i checked about the documents and i will be able to get those.
SusieQQQ
Well-Known Member
Okay. Can you not speak to whatever office issued you your resident permit and see what they say about a refugee travel document? They should at least be able to tell you which department you need to go to if they can't do it themselves.
EURO2014
Well-Known Member
In this phase of your life, in order to leave the limbo as refugee behind, your first priority, undoubtedly, will be to become formally recognized as refugee as early as possible. This will set you on firm footing, personally and legally, and therefore has to be the first step. Presumably, you have three ways to get there:
a) Pursue pending Refugee application in the Netherlands
I understand from your message that this process has started and is currently ongoing. The plan would be to pursue this process with highest priority, in order for it to be effectively completed in time for a DV interview, based on Alien's Travel Documents, issued by Dutch Municipal Authorities with residence permit showing admission as refugee. Respective rules and regulations are as follows and, by the way, are governed by EU law for those interested:
"Aliens’ and refugee travel documents
Persons with a Dutch residence permit but (as yet) without Dutch nationality can sometimes obtain an alien’s travel document – provided they are unable to obtain a travel document from their country of origin. You can apply for an alien’s travel document to the municipal authority where you are registered.
If you have refugee status, you can apply for a refugee travel document to the municipal authority where you are registered. You must have a residence permit showing your admission as a refugee.
You can use your alien’s or refugee travel document to travel to all countries except your home country. Both can be used in the Netherlands as proof of identity.
Residence permits and leave to remain cards
Residence permits are issued to aliens permitted to live in the Netherlands under the Aliens Act or Community law. Leave to remain (W-document) cards are issued to aliens who have applied for asylum in the Netherlands but have not yet received a final decision on their application. The Immigration and Naturalization Service (IND) issues residence permits and leave to remain cards."
I know that there are excellent free legal resources available to persons applying as refugee in Holland and you might take best possible advantage of those, in order to move your process along as effectively as possible. Lastly, you may want to consider that social and financial support programs available to refugees in the EU will by far exceed anything you may find, for example, in the US, supporting you in your integration process.
b) Abandon pending Refugee application process in Holland and instead pursue US Refugee Admission Program
The U.S. Refugee admissions program is administered by the Department of Homeland Security, USCIS. Persons seeking admission to the United States through the U.S. Refugee admissions program may (only) be processed at the United States diplomatic posts located in Athens, Frankfurt, Hong Kong, Madrid, Manila, Mexico City, New Delhi, Rome and Vienna (the reason why I had asked you for the US Consulate you will be dialoguing with).
Based on your Dutch W-document you can easily travel within Schengen, so Frankfurt would probably be your logical choice. If you were to follow this course, you may find drawbacks which may include expiration of your Dutch leave to remain card while you are awaiting recognition under the US Refugee admission program in Frankfurt. Depending on your home country, admission to the US program may be less or more certain.
c) Abandon pending Refugee application in Holland and instead Pursue Affirmative Asylum Process in the US
This certainly may be the most daring and probably most risky approach. It includes the following two step approach:
STEP ONE: Arrive in the U.S.
STEP TWO: Apply for Asylum
http://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-process
The trick is to get to the US based on your personal circumstances: in specific cases US embassies do issue travel documents for people without valid passport on special paper provided by the embassy - you would have to clarify with the US consulate for your DV case whether or not this route could be applicable for your specific DV circumstance. Alternatively, you may check whether your current W-document will allow for US entry (presumably not). As I said, the trick for this route would be to get into the US. Once you have arrived you apply for asylum, filing Form I-589, followed by Steps 3 to 7 (see link). As you probably can see from my wording, I would personally not recommend this option.
I know this forum advises folks on DV questions, for your specific case formal registration as refugee has to be first priority - if it can be effectively combined with pursuing your DV option, i.e. under option a), so much the better, yet if you are not in a position to get a new passport from your home country due to your status as a refugee, you must get the refugee status recognition part sorted out first. Please seek professional legal advice, free for refugees, as you are working through this process.
Sorry for the somewhat long answer, unfortunately I wasn't able to answer with a two-liner. Best of luck to you!