Indian Embassy Cancelling Aslyee's Passports

B

BGS

Registered Users (C)
Hi!

I really want to know if any one went through this situation.

Me and my family went to NY passport office for renew our Indian passports. They cancelled our passport with the reason of being asylee in USA cannot have a passport from the country you feared. We can back with cancelled passport. But I am still trying to find out Is that a law?

Thanks!
 
yes --- man it is that stupid INDIAN law..

But what a mess --- if the asylum application gets rejected then --- where does one go ...


But there is no where mentioned in the Indian constitution that one will loose his/her citizenship if he/she seeks asylum in another country. If one cannot loose citizenship -- then they need to extend Ur passport...

I guess U can move the supreme court for this directly.


May we know what caused U to seek Asylum?


Good luck
 
I am not an expert , but it is really clear , and asylee (and/or refugee) is some one who claims that he/she has no country and hence seeks shelter in other democratic countries that are sensitive to minorities concerns.
How can you claim that you donot have a country that looks for your benefits and yet carry their passport ?
More over all refugees/asylees coming into the U.S. are given an I-94 valid for one year. There reasoning behind this is that one would be eligible to adjust status after one year.
So technically you donot have an option , as a refugee.
 
Mind your language NDR...Dont write whats ever comes to your mind...!

What the heck going on...?

If INDIAN laws are stupid & someone is asking Asylum in another country (for what ever reason!) it means very CLEAR that he/she is refusing "citizenship" of that country.

If someone is "Refusing" Citizenship of India why he/she sould go to "Supreme Court" and why "Supreme Court of India" should entertain such people?

Nadi said:
yes --- man it is that stupid INDIAN law..

But what a mess --- if the asylum application gets rejected then --- where does one go ...


But there is no where mentioned in the Indian constitution that one will loose his/her citizenship if he/she seeks asylum in another country. If one cannot loose citizenship -- then they need to extend Ur passport...

I guess U can move the supreme court for this directly.

Good luck
Click to expand...
 
BGS said:
Hi!

I really want to know if any one went through this situation.

Me and my family went to NY passport office for renew our Indian passports. They cancelled our passport with the reason of being asylee in USA cannot have a passport from the country you feared. We can back with cancelled passport. But I am still trying to find out Is that a law?

Thanks!
Click to expand...

Heh... heh.... given the backlogs for Indian born EB3 cases (and possibly EB2 soon), asylum looks like a much better option to get your GC .... that too if you can file for AOS in one year -- wow !!!

Mind sharing your reason for seeking asylum ?? I thought India was a secular country which allows all kinds of minorities ?!
 
GCDumbo said:
What the heck going on...?
If INDIAN laws are stupid & someone is asking Asylum in another country (for what ever reason!) it means very CLEAR that he/she is refusing "citizenship" of that country.
If someone is "Refusing" Citizenship of India why he/she sould go to "Supreme Court" and why "Supreme Court of India" should entertain such people?
Click to expand...

Well the constitution of India allows only single citizenship -- there is a new law about dual citizenship -- I wonder how they pass that without amending the constitution itself.

Well lets take a case when there was only single citizenship... If one becomes a citizen of another country ... then one used to loose Indian citizenship...

Now say one gets a green card -- then after 5 years applies for Naturalization .... Now the very intent or act of applying does not mean that Indian embassy should invalidate Ur passport and citizenship.

So same was the case with BGS ---- the final intend is same anyways.

One can always reclaim his/her Indian citizenship -- if one was born in India -- yes for this U can move the Supreme Court... ( without going thru the lower courts).
 
I guess this forum is all about I-485 related issues and not issues related to Indian Constitution or Supreme Court. So lets just discuss things related to INS and NO INDIAN CONSTITUTION.
BGS: you need to talk with your laywer for this type of issues.
 
Religion..Faith..Communism..war..Politics..etc..could be reason for Asylum

There are several reasons to seek asylum..the gentleman who posted this question/thread is not sharing the reason so ? What..?

In context of India, I think..Faith/religion is top priority and India (as a country) is the lowest for most of the guys those who are seeking asylum..

Lets wait for "reason for asylym" who started this thread...!

max2k1 said:
So what would drive someone from there to seek asylum ??
Click to expand...
 
Yes..we should NOT talk about INDIAN CONSTITUTION...

and also NO one should dare to say "Stupid" Indian law etc crap in this forum...

Thats what I am asking Nadi...discuss I-485 related issues of USA...don't pamper minorities from India in this forum..

tjshah said:
I guess this forum is all about I-485 related issues and not issues related to Indian Constitution or Supreme Court. So lets just discuss things related to INS and NO INDIAN CONSTITUTION.
BGS: you need to talk with your laywer for this type of issues.
Click to expand...
 
Mind your language Nadi...Dont write whats ever comes to your mind...!

Nadi said:
yes --- man it is that stupid INDIAN law..

But what a mess --- if the asylum application gets rejected then --- where does one go ...


But there is no where mentioned in the Indian constitution that one will loose his/her citizenship if he/she seeks asylum in another country. If one cannot loose citizenship -- then they need to extend Ur passport...

I guess U can move the supreme court for this directly.


May we know what caused U to seek Asylum?


Good luck
Click to expand...
 
Keep it focused

I totally agree with tjshah and GCDumbo. This forum is meant for discussing 485 related issues and let's keep it focused.

With due respect to everyone I suggest that only helpful and relevent comments should be posted.
 
Hmm... thinking about it , seems a interesting route :rolleyes:
Can anyone tell me how to seek Asylum ?
 
cnr said:
Hmm... thinking about it , seems a interesting route :rolleyes:
Can anyone tell me how to seek Asylum ?
Click to expand...
Ha hah ... :D

Lets wait & see if the original poster would come by and post his/her reason.

One year wait is a lot better than the current EB3 wait (which is what - like 3+ years now !?!)
Wonder how PDs work for asylees and what category they would fall under !!!
 
Well, for all of those wondering how come an Indian person is seeking asylum, I have this to say, although India is a secular country, there have been cases in the past, most notable the 'situation' in Kashmir and in Punjab, where the police have 'illigally' detained people and subjected to torture etc. India does have some human rights abuse issues, so these guys who fear prosecution from the Indian government / or police have to seek shelter elsewhere. Another thing I have to add is, that there are some genuine cases, but the majority of the asylum / refugee cases from India are fraudulant, same is the case for many other countries also. These ppl come to the US and apply for asylum claiming they fear for their life if they go back. These people have to then prove their case in front of an immigration judge. All this is a very time consuming process, and may take years.

This is a very delicate matter and the US governments general stand has been that it is better to give the benefit of the doubt to the asylum seeker who may as well be telling a lie; rather than taking a strict approach and sending him back to hi country where he may be prosecuted. Its like the saying its better to let 100 crooks walk free rather than hang an innocent person.
 
Last edited by a moderator:
Paging ...BGS...

What BGS is writing..."They (Indian Counsulate) cancelled our passport with the reason of being asylee in USA cannot have a passport from the country you feared."

Yoy rightly said in your posting Serta2002 and that complements to Indian Counsulate denial to "issue new passport" saying that... if you fear for life why you want "Indian Pasport"? In short, You tell your (True or Fraudelent ?) story to US Immigration Judge to persue your GC based on Asylum.

sertra2002 said:
These ppl come to the US and apply for asylum claiming they fear for their life if they go back. These people have to then prove their case in front of an immigration judge.
Click to expand...
 
As mentioned by somebody, Its an easy route to stay legal in this country but at the same time
its an far difficult route we can hardly imagine

I personally know lot of people from Pakistan/India who came here in late 90's who did not know about changing status to student visa or finding employer get work visa etc simply applied to asylum on someone suggestion

Some of them got approved based on how good their explanation was
for those who did not...imagine the hardship without status in this country
They have simply become undocumented...back home everybody thinks they are in America....
In The land of opportunity...but the reality is they live in much more difficult situation than any one can possibly imagine...with a constant fear of deportation and what not..

Only point I want to make here is, we all have come this far in the quest of better life
same applies to all others who are asylees, refugees and all others legal or illegal aliens

Only thing is ...Some succeed in this journey and some don't...!
 
Its really amazing that the guy who originally started the thread is missing from the posts. There are several questions directed to this person but no answer and others are making guesses, flaring emotions and losing tempers.

To my understanding I agree with the posts stating that if one seeks asylum out of the country of citizenship he / she is denying the current citizenship and seeking help from other country to obtain its citizenship. So with any country in the world the rule would be simple if you do not want citizenship then why do you want passport. Passport is only for citizens. The argument that till the time the asylum is not granted by other country the person remains citizen of previous country stand nowhere as this guy has already denounced the previous citizenship while seeking the asylum to another country.

I agree that asylum is not sought by choice but one is forced to opt for it, also asylum seekers have to go through immense pain and hardship that you and I cannot even imagine. But, the laws governing immigration and citizenship are particularly very strict to prevent anybody from taking undue advantage of the system, and discourage people to use such rare provisions.

Thanks
 
Kshitij said:
As mentioned by somebody, Its an easy route to stay legal in this country but at the same time
its an far difficult route we can hardly imagine

I personally know lot of people from Pakistan/India who came here in late 90's who did not know about changing status to student visa or finding employer get work visa etc simply applied to asylum on someone suggestion

Some of them got approved based on how good their explanation was
for those who did not...imagine the hardship without status in this country
They have simply become undocumented...back home everybody thinks they are in America....
In The land of opportunity...but the reality is they live in much more difficult situation than any one can possibly imagine...with a constant fear of deportation and what not..

Only point I want to make here is, we all have come this far in the quest of better life
same applies to all others who are asylees, refugees and all others legal or illegal aliens

Only thing is ...Some succeed in this journey and some don't...!
Click to expand...
I agree with some of your viewpoints .... not all.

If your case is not genuine (that is there is no "real" threat to life back in your home country), then if you didn't manage to sell your story to the judge, why should you live here with the fear of deportation ??
Just head back to your home country !!!

Who cares if someone back home thinks that you are doing well in the US ?? They are not going to do a thing if INS deports you - so might as well live somewhere where you don't have to look over your shoulder every day.
I think quality of life would be much better than living as an illegal immigrant in a different country !

The reason why the asylum process is long wound is a direct consequence of people abusing it & claiming asylee benefits fradulently.
 
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