National Passport Use

Y

yahia08

Registered Users (C)
Hi,
I got my GC through my Asylum status,
can I use my national passport afterward--will not back in COP.

Thanks for replies,
 
If you search the forum you'll not find straight yes or no answer. If you search the immigration law you will not find a definite answer as well. It is everyone's personal choice to use or not use NP to travel abroad(not going to COP). I took the chance and went to Italy with mine in January of this year, and if this will have an effect on my naturalization i wont know before 2013 (no issues at port of entry when I came back).

P.S. I have never heard of real cases of revoked asylum because of a use of NP to travel (not going to COP). I heard of rumors but nothing on the use of NP alone.
 
samdalas40 said:
can you use a lay man's terminology
Click to expand...

You came to the U.S. fleeing the persecution of your homeland. You begged for asylum.

If you are granted asylum and then turn right around and carry on doing business with the suppossedly "oppresive" evil ogre persecuting country, that is like admitting:
1.) that you lied about the problem in order to get asylum in the U.S. OR
2.) that things have changed for the better and you no longer need the protection of asylum.

[doing business with = availing yourself of their ptotection and/or exercising your rights as a national or citizen of that country]

The U.S. can and will take away asylum from someone who either got it by fraud or who no longer needs that protection.


INA 208 (c) [8 USC 1158(c)]--[this excerpt refers to 8 USC sections] [authority noted below is shared by the Attorney General and DHS Secretary]

(c) Asylum status

(1) In general

In the case of an alien granted asylum under subsection (b) of
this section, the Attorney General--
(A) shall not remove or return the alien to the alien's
country of nationality or, in the case of a person having no
nationality, the country of the alien's last habitual residence;
(B) shall authorize the alien to engage in employment in the
United States and provide the alien with appropriate endorsement
of that authorization; and
(C) may allow the alien to travel abroad with the prior
consent of the Attorney General.

(2) Termination of asylum

Asylum granted under subsection (b) of this section does not
convey a right to remain permanently in the United States, and may
be terminated if the Attorney General determines that--
(A) the alien no longer meets the conditions described in
subsection (b)(1) of this section owing to a fundamental change
in circumstances;
(B) the alien meets a condition described in subsection (b)(2) of this section; [ relates to criminal, terrorist, persecutor grounds of removal]
(C) the alien may be removed, pursuant to a bilateral or
multilateral agreement, to a country (other than the country of
the alien's nationality or, in the case of an alien having no
nationality, the country of the alien's last habitual residence)
in which the alien's life or freedom would not be threatened on
account of race, religion, nationality, membership in a
particular social group, or political opinion, and where the
alien is eligible to receive asylum or equivalent temporary
protection;
(D) the alien has voluntarily availed himself or herself of
the protection of the alien's country of nationality or, in the
case of an alien having no nationality, the alien's country of
last habitual residence, by returning to such country with
permanent resident status or the reasonable possibility of
obtaining such status with the same rights and obligations
pertaining to other permanent residents of that country; or
(E) the alien has acquired a new nationality and enjoys the
protection of the country of his or her new nationality.

(3) Removal when asylum is terminated

An alien described in paragraph (2) is subject to any applicable
grounds of inadmissibility or deportability under sections
1182(a) and 1227(a) of this title, and the alien's removal or return
shall be directed by the Attorney General in accordance with
sections 1229a and 1231 of this title.
 
On your copy and past,I didn't see any thing that says if someone uses a "national passport",their claim will be terminated.(yes,it does say going back to COP may be grounds for termination,but not using NP)
 
samdalas40 said:
On your copy and past,I didn't see any thing that says if someone uses a "national passport",their claim will be terminated.(yes,it does say going back to COP may be grounds for termination,but not using NP)
Click to expand...

Then you go right ahead and use the passport gladly issued to you by your persecutor.

Gee, I hope you didn't have to get it renewed through a Consulate in the U.S. and didn't have to provide your current address in the U.S. to your persecutors.

They didn't create the Refugee Travel Document (RTD) for no reason. They created it as an alternative to a passport which a refugee or asylee, who sought the protection of the U.S. against their persecuting country, would be afraid to obtain because the persecuted person should be afraid to expose him/herself to their persecutor.

But, like I said, you go right ahead and travel under the protection of the country that persecuted you instead of on a RTD issued to you by the country that offered you protection. That makes PERFECT sense, doesn't it?
 
I stand correct. The quote you posted states nothing about Permanent Resident despite becoming such through asylum.

P.S. I renewed my NP after I was referred to Immigration Judge and before my approval. The judge said nothing about it nor the DA. By having granted asylum one does not loose his/her nationality. In my RTD under nationality is my country of birth.
 
A friend of mine traveled to Europe using his national passport when he was asylum GC holder.He's a US citizen now.If you have a GC via asylum,using national passport is absolutely no problem.You came to the US and applied for asylum using the same passport,so there is no reason to stop using it after.Renewing your national passport while in asylum status is bad thing to do.
 
Renewing NP might also mean that the alien has voluntarily availed himself or herself of the protection of the alien's country of nationality.

It all depends on who handles your case. If the N-400 adjudicator decides to give you hard time, he/she can send your alien file to ICE investigation or asylum headquarter and they may use that as a reason to terminate asylum and put you in removal proceedings.

A lot of people were able to renew their NP. That doesn't mean that ICE or asylum headquarter can not use that as a reason to terminate asylum.

Once again, it all depends on the officer that reviews your alien file.

By the way, reviewing alien file can happen anytime. Review can be triggered by internal audit, fraud investigation, application for sponsoring relatives, N-400 application, etc.

It is always recommended to keep your alien file clean. Think twice before you renew your NP.
 
Last edited by a moderator:
You must log in or register to reply here.
Top