AS8 / Passport

[tuffgong81]

I've read dozens of threads and wasn't able to come to a clear conclusion.

I recently acquired my Green Card via derivative asylum (AS8). I have an expired COP passport. If I'm able to renew it, am I able to travel freely to my COP?

I realize that for the primary asylum applicant, this is nuts. Does traveling with a NP instead of a RTD cause problems? My asylum approval was based on an application that was submitted when I was a child, but my I-485 was submitted on its own years later.

I'm just really confused, especially after reading this:

"Derivative asylees who return to their country of origin are evaluated differently. Because they become asylees based on their relationship to the principal applicant, they do not need to independently establish asylum eligibility. Therefore, we would not terminate a derivative asylee's status based on reavailment."

Thanks

 

[Jackolantern]

For a person with derivative asylum, renewing or using a passport of the COP or traveling to the COP generally will not cause you to lose your green card. However, you don't have total freedom -- you can expect to be interrogated by US immigration officials after returning from a trip to the COP, so they can check if there is anything specific about your situation that has implications for the primary asylee. For example, suppose your father claimed that government agents were going to lock up and beat his wife and children in order to get back at him, so he fled to protect you. Then you go back ... and nothing happens to you.

And you should be aware that some countries including China actually do persecute the children and spouses of asylees. You may have more to worry about from the COP than from the US govt.

 

[tuffgong81]

Thanks that makes perfect sense. However, what if said parent was already a U.S. Citizen?

I am not planning to travel back to the COP, but it would make travelling 10x easier if I was able to get a passport from there.

 

[Jackolantern]

Thanks that makes perfect sense. However, what if said parent was already a U.S. Citizen?

That would make it much more difficult to go after your parent, since revoking US citizenship is extremely difficult.

Did your parent become a US citizen before you turned 18? If yes, and the criteria of the Child Citizenship Act are satisfied, you may have automatically obtained derivative citizenship and would be eligible for a US passport.

I am not planning to travel back to the COP, but it would make travelling 10x easier if I was able to get a passport from there.

If you can renew it without going there, go ahead. Renewal is a lot less problematic than actually visiting. With you being a derivative asylee who doesn't travel to the COP, it's very unlikely you'll have a problem.

 

[cafeconleche]

Renewal of your COP passport is often recommended by CBP or CIS, so especially as an AS8, your chances of getting into trouble for renewing it are very low. Also, there is no guarantee of being interrogated by CBP after returning from your COP. My mother went twice, and no questions were asked.

 

[Jackolantern]

Also, there is no guarantee of being interrogated by CBP after returning from your COP.

Who said there is a guarantee of being interrogated? There is no guarantee of being interrogated, nor of not being interrogated. It's just a possibility that one should prepare for.

 

[tuffgong81]

So just double checking. If I'm traveling abroad for 10 days, all I need is my valid COP passport, a visa to the destination country and my Green Card right? No need for a re-entry visa or RTD since it's a trip under 6 months. When I come back, I'll be able to get through with my green card and passport?

Thanks for the info guys. Really appreciate it.

 

[König]

Also, there is no guarantee of being interrogated by CBP after returning from your COP. My mother went twice, and no questions were asked.

CBP agents have to process hundreds of arriving passengers per shift, so they often don't look into one's travel details, especially if it is an LPR returning from abroad. The questions are more likely to be asked at the citizenship interview as to why an asylee believed that returning to the COP was not dangerous anymore.

 

[Jackolantern]

The questions are more likely to be asked at the citizenship interview as to why an asylee believed that returning to the COP was not dangerous anymore.

True. There is much more scrutiny during naturalization where they have a ton of time to review the file before, during, and after the interview.

However, the OP is not returning to the COP (hence the mention of the need for a visa). The only COP involvement is the passport renewal, which presumably can be done through a consulate in the US.