Renewing National Passport
- Thread starter solovei
- Start date
wantmygcnow
Volunteer Moderator
solovei said:
Well consequence is this. If you ever try to get a RTD, you would have to say "yes" to the question have you ever renewed your passport. Since you can't travel with NP(you dont have your gc) and to come back to U.S, you do need a RTD. Thats why it's not recommened you do that.
If you renew your NP and Lie on the RTD application. It can be held against you because you do sign that application and its a legal document.
And lets say in the future an officer does get suspcious and asks for all your travels, you have to submit an affadavit(a legal document) whhere you can't put "NO I didnt go to my home country" if you did...
I hope this explains is. Its very logical. If you renew your NP, and don't need a RTD, how are you going to come back? With an advance parole? But when you do enter, that would be red flags over it for the USCIS officer.
wantmygcnow said:
Let me ask you this: how would they ever found out that NP has been renewed? Correct me if I'm wrong, but I don't think it's a kind of information the embassy of the native country would share w/ Department of State?
I know of a case though, when asylee was coming back to US from the overseas trip, Immigration Officer has asked him if he has any over travel document - the guy said no. He then has been searched, and the Officer has found a National Passport hidden in the luggage... Oh he got in trouble
Is immigration allowed to do such searches? I guess so... But otherwise, I don't see how they else they could find out renewing the NP.
Thank you wantmygcnow.
May be anyone alse has something to add?
Lazerthegreat
Registered Users (C)
solovei said:
Whether an immigration officer can perform search or not is a grey area. Yes he can perform search if he has "Reasonable Doubt" about the validity of your statements.
See! I hope this is clear now. It totally depends on officer's nature/mood to do searches and how he is feeling that day....
usa2002 said:The roster of fake asylees keeps growing.
Would you be so kind to explain what made you use such an unpleasant wording?
If an asylee wants to renew his national passport to travel to the country which doesn't recognise RTD, this makes you think the case is fake?
Besides, what's the renewal of a national passport has to do with the fact of mine being in fact prosecuted in my native country?
Little frustrating to read such statements.
As a matter of long standing international refugee law (and common sense!!), an asylee who uses or renews his passport is presumed to have reavailed himself of the protection of his country. As such, his asylum status can be withdrawn by the country of refuge.
solovei said:
wantmygcnow said:
this issue we have discussed many many times. no one got the right answers. some lawyers said you could do it only if you do not ues it to go back your home country. some lawyers said no. they have their own reasons.
my lawyer told me some asylees could renew their NP if they want. such as some chinese asylees who got asylum status from family planning. depanding on many things. we do knew some poeple in this board got their GC with renewing their NP.
Could some find out the regulations or law which tell asylee not renewing their NP? let us know. thanks a lot
jackdanie7
Registered Users (C)
solovei said:
Renewing a National Passport before I-485 approval may raise a question with the adjudicating officer of your continued status as an Asylee. It means USCIS may ask you for an explanation (a good one), and more importantly weigh if your National Passport renewal is consistent with the original persecution claims on your Asylum Application. Can it lead to I-485 denial? Yes it can if, 1) it invalidates any of your original persecution claim(s), 2) they think that your reason is bogus, 3) they caught you in a lie (for ex. if you renewed, and claimed that you never renew)
As for myself, I renewed my National Passport four months after I received my green card. I would not have done it if my I-485 is still pending... but this is just my personal choice. I think it's risky although I admit there are people who have done so and got their I-485 approved. The reasons why I chose to renew my NP was because it is not inconsistent to my asylum application, I am already a Permanent Resident, and I have not received my RTD although I applied for it back in June and I have an important business travel. As a precautionary step, I am keeping a print out of the USCIS processing time report and a letter that I received from USCIS when I placed an inquiry though the 800 number which I plan to take to the citizenship interview. I am fairly confident that USCIS won’t even raise this issue but I just took this precautionary step anyways.
Good luck.
Hello All,
Guys I have to go back to this issue and would like to ask for your advise :
I renewed my NP after case was approved and now it has a new Expiration Date - Dec 2006.
I do not intend to go the country of origin... just did this renewal for possible travel to other countries like Canada (which I never did)
what would be a good legitimate explanation? how to respond to future requests from INS regarding this metter?
..wantmygcnow, solovei, mmm-mmm, Lazerthegreat, jackdanie7, anyone.. thanks in advance
Guys I have to go back to this issue and would like to ask for your advise :
I renewed my NP after case was approved and now it has a new Expiration Date - Dec 2006.
I do not intend to go the country of origin... just did this renewal for possible travel to other countries like Canada (which I never did)
what would be a good legitimate explanation? how to respond to future requests from INS regarding this metter?
..wantmygcnow, solovei, mmm-mmm, Lazerthegreat, jackdanie7, anyone.. thanks in advance
jackdanie7
Registered Users (C)
LenJ said:
I cannot say what will be a good reason since I don't know anything about your case. No one here knows except you so think about it and I'm sure in the end you won't need anyone's opinion to validate your action. That said, everyone here knows the problems with RTDs, 1) Applicants of RTDs do not know when they will receive them making it impossible to make travel plans, 2) some countries, like UAE, do not accept RTDs, 3) they are only valid for 6 months literally (as most countries requires them to be valid for at least 6 months before they'll even issue you visa).
There won't be any future requests since you already have your Green Card, if they ask, it will be at the citizenship interview. Before you apply for citizenship, it is always advisable to review your whole immigration history with your attorney to make sure that you haven't done anything inadmissible. It's always better to be prepared, even though the interview itself may actually be a lot simpler than you think. Since you have already been adjusted when you did your National Passport renewal, I highly doubt that they will even ask the question at your interview. If they do, be honest, and tell them - it is not an inadmissible offense by ITSELF.
Good Luck.
Lazerthegreat
Registered Users (C)
LenJ said:
Quite frankly renewing this NP has become a big deal for the past couple of years especially after 911 when CIS became more like a hound dog...... previously I have personally asked them over the phone and they said its ok to renew your NP. A lot of qualified immigration attorneys say even today that its ok to renew NP.
Just be straight with them and tell them that you renewed it ignorantly. You had no intentions of going back or establishing any ties with your country of persecution. Tell them "ONLY" if asked. Don't volunteer information. You would be ok
Thanks jackdanie7,
my case is still pending, I do not have a GC and also did not apply for RTD… just working on RFI request at this time, hoping that everything goes Ok. The question is about Passport, I renewed it in 2001 and now I'm not sure how to respond to CIS if they ask that NP to be sent as an evidence. The officer will probably notice it and I just need a reasonable explanation to be on safe side ??
my case is still pending, I do not have a GC and also did not apply for RTD… just working on RFI request at this time, hoping that everything goes Ok. The question is about Passport, I renewed it in 2001 and now I'm not sure how to respond to CIS if they ask that NP to be sent as an evidence. The officer will probably notice it and I just need a reasonable explanation to be on safe side ??
jackdanie7 said:
jackdanie7
Registered Users (C)
LenJ said:
You will actually have to provide reasons that are in line with your asylum application. If the question is raised, probably in the form of RFE, you will have to sit down with your attorney and go through all your persecution claims and provide clear and concise reasons why your action of renewing of your NP did not contradict those claims. Most people file Asylum years before they receive any RFE and often don’t remember every single detail of their asylum application after the long years of waiting. Applying for a NP with a pending I-485 subjects the individual to this scrutiny. This is why I think people are better off not renewing their NP while their I-485 is still pending. If the question is raised, he will actually have to go through every single detail of his asylum application, convince USCIS that doing so does not contradict their persecution claims, and in the process probably spend a significant amount of money on attorney fees.
Since you have not been approved when you applied, you cannot simply claim that you were thinking about going to go to Canada, but you didn’t go, Or you didn’t know you were not supposed to renew your National Passport, etc. These answers do not challenge any of their assertions; they are probably thinking if they still can consider you as an asylee, or the worst case if your case was fraudulent. Your explanation has to be in the line of “I was persecuted by a party in my country that is NOT in control of its international embassies,” or such.. My suggestion to you is not to use your renewed passport for travels, if you haven’t done so already. If you have, try to stop using it.. This will reduce the chance of getting a RFE asking for a justification of your NP renewal. If you do get a RFE, consult with your attorney and provide viable reasons that are in line with your original persecution claims. Understand that the intent of my response is not to scare you, but to prepare you for the possibility. Like I said in my previous post, there are people who renewed the National Passport and got their I-485 approved without ever getting any RFE. Personally I wouldn't lose any sleep over it.
Good luck.