GC and NP URGENT HELP REQUESTED PLEASE!!

R

Rujj_k

Registered Users (C)
I was granted asylum last year. My NP was expiring and I ignorantly applied for a renewal. I am about to apply for my GC but I fear the repurcussions of having renewed my NP. I hear that you have to submit your passport when you go for the interview and I fear what they will say about that.

Does anyone have any advice or does anyone have any experience with such a situation. Would it be beneficial to apply for an RTD 1st(would still need to explain the NP). After getting an RTD maybe could then use that when going for the interview?

PLEASE HELP!!!

Thanks for any help
:confused:
 
was in similar situation. i applied for the gc in sep last year...still waiting and keeping my fingers crossed.
 
Was there any place during the process that they requested for your NP or do you know if there is ceratinly a place they will request to see the NP?

Thanks
 
Not trying to sound stupid but I was curious to know how the USCIS would find out whether you've renewed your NP or not.
 
If you "only" renewed NP, I do not think this would be an issue. That "issue" may not even arise when they request copies of NP or doing an interview.

Do not apply for RTD, unless you have some "good" reason to explain why you renewed NP, as this is one of the questions you must answer in the form.
 
windywd said:
If you "only" renewed NP, I do not think this would be an issue. That "issue" may not even arise when they request copies of NP or doing an interview.

Do not apply for RTD, unless you have some "good" reason to explain why you renewed NP, as this is one of the questions you must answer in the form.
Click to expand...

I concur with this to the extent that it you would be better off never have to answer the question as to why you renewed your passport. Hopefully they will never ask you about it.

Top DHS officials have been saying for a number of years that they plan to put this question on the adjustment and naturalization application forms. Hopefully they will not do it before you become a citizen.
 
thankful said:
I concur with this to the extent that it you would be better off never have to answer the question as to why you renewed your passport. Hopefully they will never ask you about it.

Top DHS officials have been saying for a number of years that they plan to put this question on the adjustment and naturalization application forms. Hopefully they will not do it before you become a citizen.
Click to expand...

Thankful,

Not trying to sound like I am promoting the idea of renewing, but the link of this to either "changed circumstance" and "re-availment" is quite weak alone.
 
windywd said:
Thankful,

Not trying to sound like I am promoting the idea of renewing, but the link of this to either "changed circumstance" and "re-availment" is quite weak alone.
Click to expand...

If you said that you are being hunted by your government's security forces for trying to bring about democratic changes and the United States Government believed your story. Then next week you walked into the country's consulate and walked out with a renewed passport, that look really shady. This has happend to a number of so-called Chinese asylees and DHS top brass is aware of it. This is why they are moving to require everybody to answer these questions under oath before adjustment/naturalization can be approved.
 
thankful said:
If you said that you are being hunted by your government's security forces for trying to bring about democratic changes and the United States Government believed your story. Then next week you walked into the country's consulate and walked out with a renewed passport, that look really shady. This has happend to a number of so-called Chinese asylees and DHS top brass is aware of it. This is why they are moving to require everybody to answer these questions under oath before adjustment/naturalization can be approved.
Click to expand...

Everybody knows and agrees about this situation for those Chinese asylees. But, talking about more broadly, unless you claim to be on the top wanted list, renewing and extending passport is really a routine procedure for overseas consulate. Unless it really contradicts your asylum claim, there is virtually no risk of doing that.

Meeting the definition of refugee means that you are unable to return to COP; it will be very hard for DHS to prove that the situation changed if you never physically returned to COP but only renewed your NP on American soil.
 
thankful said:
This is why they are moving to require everybody to answer these questions under oath before adjustment/naturalization can be approved.
Click to expand...

How fast they are going to move? Are you saying that renewing passport after the GC may be a ground to denial? That is what, you think, they have in mind?
 
windywd said:
Everybody knows and agrees about this situation for those Chinese asylees. But, talking about more broadly, unless you claim to be on the top wanted list, renewing and extending passport is really a routine procedure for overseas consulate. Unless it really contradicts your asylum claim, there is virtually no risk of doing that.

Meeting the definition of refugee means that you are unable to return to COP; it will be very hard for DHS to prove that the situation changed if you never physically returned to COP but only renewed your NP on American soil.
Click to expand...

International law suggests that renewal of a passport by an asylee can be used to indicate that the person no longer needs refugee protection. ICE attorneys have been using this before the IJs with great success (at least in the Northestern part of the United States).

There are a lot of people in senior positions who think that the asylum program is an invitation to massive fraud and some asylees just give these officials more ammunition.
 
Last edited by a moderator:
rustik said:
How fast they are going to move? Are you saying that renewing passport after the GC may be a ground to denial? That is what, you think, they have in mind?
Click to expand...

I have no idea about their time table. The government moves very slowly unless there is a dramatic outside event. All I know is that this is something on their radar. When I talk to USCIS management and Capital Hill staff members about asylum issues, they often bring up this issue and are not too pleased with what some people have been doing. Also, there are two senior naturalization examiners in New York City who always look at this issue before they adjudicate a citizenship application.
 
thankful said:
International law says that renewal of a passport by an asylee can be used to indicate that the person no longer needs refugee protection. ICE attorneys have been using this before the IJs with great success (at least in the Northestern part of the United States).
Click to expand...

Without directly discrediting ICE attorneys, a case in Eastern District of New York failed in early 2008, as the sole evidence of "re-availment" is the renewal.

The judge pointed out that his reading of the INA indicates three components, all of which have to be met:

  1. The asylee's action has to be voluntary (he did)
  2. The asylee has to apply for the protection, not the protection somehow automatically made available for him for some reason (he did apply)
  3. The asylee has to actually have obtained that protection (he did not)

The judge concluded that asylee does not have any meaningful protection by acquiring a Pakistani passport in American soil, while being a legal resident of United States.

I believe the case is Khan XXX vs. Mukasey. Will look for it when I have time.
 
This is something to be clarifired.

Several lawyers told me that it was OK to renew passport once I became PR since I have to travel due to my work. I had no idea the issue can end up in court. :confused: But anyway - may be its better not to read such things and wait untill interview to see what happen.

Also, if they have this law why wouldn't they state it clearly, without keeping busy those judges and IO?
 
Last edited by a moderator:
The great thing about this country is that each person's rights and status can not be deprived of without "due process of law".

I hate immigration fraud, but on the other hand, like some judge said, the government can neither do "self-lawmaking" nor "stretch the INA to fit their own needs".

Unfortunately I permanently lost the capability of challenging all these as now I am a USC. However, I do believe without the hard evidence of actual returning, or lying to the government, there is little proof that either your situation changed or you voluntarily re-availed yourself simply because you renewed your passport.
 
rustik said:
This is something to be clarifired.

Several lawyers told me that it was OK to renew passport once I became PR since I have to travel due to my work. I had no idea the issue can end up in court. :confused: But anyway - may be its better not to read such things and wait untill interview to see what happen.

Also, if they have this law why wouldn't they state it clearly, without keeping busy those judges and IO?
Click to expand...

I do not know how this can be "clarified" further by the Government. This is just one of the many variables and the ultimate result depends on what your asylum story was.

Now I do strongly think that they need to have a uniform policy across the board so that all officers will look at this from the same page. As it stands right now, some officers do not care and give a pass to really egregious cases. While other people are facing a tough time just because their cases have been assigned to the "wrong" officers.

At the end of the day, my response to clients who seek my advice is this: you are very lucky to have your asylum cases granted and there are many people who are envious of you for your secured status in the United States. Do you want to risk this? Especially I see nothing to be gained by renewing your passport. When I was an asylee, I was accorded a heck lot mores respect by foreign immigration officers when I showed them a United States issued government travel document than a national passport.
 
Last edited by a moderator:
Honestly every asylum is a unique case, therefore I am not sure a uniformed policy will help. I do think the number of people doing these renewal and returning COP appears to be a little excessive, however. This will hurt legitimate asylees.
 
You must log in or register to reply here.
Top