Can use my passport ?

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Mr."Gilbert",

Perhaps you did not do your homework properly before answering the question.

http://www.ins.usdoj.gov/cgi-bin/folioisa.dll/lawbooks.nfo/query=[jump!3A!27oi209!27]/doc/{@47873}

INS Operations Instructions found at the above link clearly states that ...

"Factors which, taken together with improved country conditions, may indicate that the applicant no longer continues to be a refugee, include, but are not limited to:

(A) voluntary return to the country of alleged persecution;

(B) application for and/or receipt of a national passport, passport renewal, or entry permit issued by the country of alleged persecution, or other voluntarily re-acquisition of the nationality of that country;"

  You say you work for an immigration law office? Yet you misspell RTD as RED and can\'t even get the basic facts right. Darn! you must have a very forgiving and understanding lawyer boss.
 
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Hi Gilbert

How you doing.Thanks for your help but I am still waiting for your suggetion about my concern. I hope you don\'t froget that
Thank\'s again
 
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Hi Gilbert

How you doing.Thanks for your help but I am still waiting for your suggetion about my concern. I hope you don\'t froget that
Thank\'s again
 
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Mr. Jackarchernew,

Do you have reading difficulty?

The OI you cited also includes the following:

(d) Referral memorandum to asylum office requesting review of refugee status. If the applicant appears not to be, or appears no longer to be a refugee within the meaning of section 101(a)(42)(A) of the Act, or the spouse or child of such a refugee, the case must be referred to the asylum office having jurisdiction over the applicant\'s place of residence for a review of the applicant\'s entitlement to refugee status. The adjustment application must be held in abeyance until a written decision is received from the asylum office either revoking or reaffirming the grant of asylum status. The complete file,accompanied by a memorandum signed by the supervisory examinations officer, must be forwarded to the asylum office. A copy of the applicant\'s sworn statement concerning the
facts upon which the referral is being made should accompany the referral memorandum.

 The referral memorandum must contain the following information:

(1) The date the applicant\'s asylum status was granted (NOTE: Many applicants who were granted asylum prior to November 29, 1990, continue to be eligible for adjustment of status even though they no longer meet the definition of refugee. (See 8 CFR
209.2(a)(2). );
(2) A complete, concise explanation of the reason(s) the applicant appears to no longer qualify as a refugee; and

(3) Other information or reference to sworn statements or other supporting documents which the referring officer believes to be relevant.
*********************
Moreover, in November 99, Mr. Bo Cooper, the General Counsel for the INS (In case you do not know[I guess you do not], the General Counsel interprets the law for the INS. His interpretations are binding unless overturned by federal courts or more senior people in the administration) cites international law stating that "if a refugee applies for and obtains a national passport or its renewal, it will, in the absence of proof to the contrary, be presumed that he [or she] intends to avail himself the protection of the country of his nationality" and has thus lost refugee status.

Go on the Internet and search for the memo. If you are lucky, you will find it. If you have access to very expensive immigration software programs, like I do, then you will find it under the appropriate category.
 
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Hi Gilbert, thanks for posting about that referral memorandum, which I think is a valuable piece of information. There is still something that is not clear for me and would like to know your comments and inputs. We agree that to renew the national passport is something that should be avoided (though my personal opinion, is that if you have already renewed, it might be a problem but not the “end of the world”).
We know that INS might be checking if an asylee has renewed or got the national passport, but on the other hand, the INS stamp the national passport once the I-485 is approved. Don’t you think this is a kind of contradiction? Do they stamp in expired national passports? Do they stamp in RTD’s? Does the INS stamp in I-94 (as someone posted) if the asylee doesn’t have the national passport? What do you know about this?. Thanks
 
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Alanpero,

I basically agree with you on everything you said in the previous post. There is no automatic termination of asylum if the asylee renewed the passport. But some immigration officers could even care less about this issue. As we all know, they have a lot of discretion of adjudicating cases. It is just human nature that some of them are the "go by the book" type. If your Form I-485 gets to one of those people\'s desk, it is a good bet that they will explore the passport issue in detail. I know of several files sent back to the asylum officers who re interviewed the asylees, requested more evidence but ultimately upheld the asylum grant. The files were then returned to the district office for adjustment. With the INS\'s inability to manage the asylee wait list well, people in that situation must wait much longer for adjustment. For people whose files are referred, hiring a good attorney and getting a sympathetic asylum officer are probably enough to starve off disaster.

If we have any choice, we should not do anything that put us at risk of another trip to the asylum office or immigration court.

On the stamping issue. I am not aware of anyone insisting on a passport. But practice varies from office to office. We are again talking about discretion. In the offices that I visit, they stamp the refugee travel document. If that is no available, they create what they call the expanded I-94, the one with your photo, PR stamp and other security features.

At least in my districts, they stamp expired passports for types of adjustment, not just asylee.
 
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Ross,

I sent you a private message. After you logged on, please click on "Check Private" on the top of the page and you will see it.
If you want to send a reply, please send it privately.

Thanks.
 
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Thanks Gilbert, the stamping of RTD\'s, expired passport or I-94\'s were things I presumed INS could do, but was not sure. Good to know that. And yes I also believe we should try to avoid any further inquiries from INS or any referral to the district office. Regards
 
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Hi. Gilbert,

One of my friends renewed his passport after he filed his 485. After looking all the posts here,he was scared and he told me he might claim that his passport is lost and can\'t get a new one. Does that make sense to INS?

Thank you very much.
 
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Yeah..."magical" software that only you can see isn\'t it?
So tell me this...does your "magical" software also tells you why INS ask asylees to bring their national passport to the interview and also for stamping? Looks like the "ambulance chasers" have got themselves another possible law suit.
 
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Hi Alanpero,

 The INS specifically requested to bring my national passport in the finger print appointment letter as well as interview appointment letter. Luckily I kept my national passport but it had expired 2 months after I was granted asylum.

 However, on both events I was not asked to show my national passport (I had it in my brief case though).I am guessing that in lieu of the national passport the INS will stamp your I-485 approval in your I-84 or the RTD.

  I believe that under normal circumstances the INS will not specifically question you whether you renewed your national passport or not. But if you participate as a plaintiff in legal actions against them etc. they will look into every little detail in the plaintiff\'s case and one can never tell what they will find.
 
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And it seems that everything works at INS official discretion. Apparently they are authorized to ask for it, but not all of them proceed exactly in the same way. And, also the national passport is not the only one document the can stamp.
 
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Hi Gilbert

How you doing. I am still waiting for your suggetion about my concern.
Thank\'s again.
 
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