Regarding passport Renewal
- Thread starter v.taurus
- Start date
bad idea do not do it .
first of all , applying /renewing for a passport form your home country (country of prosecution) is availing your self to the protection of that country might lead to denial of your asylum claim
you may ask how would they know?
at your asylum interview you will be asked to bring an ID to prove your identity that includes passport , if you show your new passport that would look bad if you show your old one i am sure canceled passport have a couple of holes or cut corners which an indication that a new passport is issued
of course you can choose not to bring any passport at all if you have another ID but it wouldn't look good specially since you sent copies of your passport when you applied for asylum
may i ask why do you need to renew your passport? if you need to travel within the US you can apply for a driver license
first of all , applying /renewing for a passport form your home country (country of prosecution) is availing your self to the protection of that country might lead to denial of your asylum claim
you may ask how would they know?
at your asylum interview you will be asked to bring an ID to prove your identity that includes passport , if you show your new passport that would look bad if you show your old one i am sure canceled passport have a couple of holes or cut corners which an indication that a new passport is issued
of course you can choose not to bring any passport at all if you have another ID but it wouldn't look good specially since you sent copies of your passport when you applied for asylum
may i ask why do you need to renew your passport? if you need to travel within the US you can apply for a driver license
msv5450
Active Member
Traveling overseas definitely revokes your asylum application. Renewing passport may or may not affect it, depending your claim
It is possible and feasible to do it as long as there's no repercussions from your home country. I know some countries won't let you obtain a new national passport if you have obtained, or even applied for asylum in a different country.
However, the are repercussions from the US if you do so. If you leave the US while your application is pending, that means you have abandoned the application and you won't be able to get back in unless you have a different type of visa. Even then, they could still deny you re-entry because by having an abandoned asylum application you have shown intent to stay in the US. This could also look bad for your case at the interview as other posters have pointed out. It might look like you really have nothing to fear from your home country. This is a bigger risk after obtaining asylum, but it's still a small risk while the application is pending.
However, the are repercussions from the US if you do so. If you leave the US while your application is pending, that means you have abandoned the application and you won't be able to get back in unless you have a different type of visa. Even then, they could still deny you re-entry because by having an abandoned asylum application you have shown intent to stay in the US. This could also look bad for your case at the interview as other posters have pointed out. It might look like you really have nothing to fear from your home country. This is a bigger risk after obtaining asylum, but it's still a small risk while the application is pending.
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If I was in your position, I would renew the passport. Why?
1. Pending asylum - You have only applied for asylum. Doesn't mean you will get it. So, you can't 'stop living your life' just because you have applied for asylum. Life goes on. Asylum officers understand this.
2. Persecution - if you are not persecuted by the state, you should continue requesting benefits from that state. So, there is no issue here if you renew your passport.
3. Valid ID - You need a valid ID. Your passport is usually the only item you have. So, renewing it is normal, Asylum Officers understand this.
4. USCIS Field Manual - In the manual asylum officers use to adjudicate asylum applications, nowhere does it say that if an applicant for asylum renews passport, they should be denied asylum - the field manual only mentions such issues for green card applications.
5. Leaving the country - If you are leaving the country, means your asylum application will be considered abandoned. So, there is no need for you to worry about what US govt thinks, just go.
6. Abandoning Asylee Application - I think this is fine. You can always get a non-immigrant visa when you try to come back...If asked about the asylum application, you can state your reasons: ie: I applied for asylum because this happened, but that issue was no longer there, so I came back to my country. Actually, your abandoned application could work in your favor - it shows that, yes your asylum application was genuine: you abandoned it once the country conditions changed. Some people continue to claim asylum, even if the country conditions have changed, which is not cool.
7. Other Applicants - We always think about people applying for asylum while in the US. Well 100s of thousands of applicants apply for asylum the moment they arrive in the US. And most people renew their passports BEFORE coming to the US. 100s of thousands of these people have gotten asylum - no questions asked as to 'you renewed your passport a few months/weeks before coming to the US' therefore you don't qualify for asylum.
Thank you, 7of9
1. Pending asylum - You have only applied for asylum. Doesn't mean you will get it. So, you can't 'stop living your life' just because you have applied for asylum. Life goes on. Asylum officers understand this.
2. Persecution - if you are not persecuted by the state, you should continue requesting benefits from that state. So, there is no issue here if you renew your passport.
3. Valid ID - You need a valid ID. Your passport is usually the only item you have. So, renewing it is normal, Asylum Officers understand this.
4. USCIS Field Manual - In the manual asylum officers use to adjudicate asylum applications, nowhere does it say that if an applicant for asylum renews passport, they should be denied asylum - the field manual only mentions such issues for green card applications.
5. Leaving the country - If you are leaving the country, means your asylum application will be considered abandoned. So, there is no need for you to worry about what US govt thinks, just go.
6. Abandoning Asylee Application - I think this is fine. You can always get a non-immigrant visa when you try to come back...If asked about the asylum application, you can state your reasons: ie: I applied for asylum because this happened, but that issue was no longer there, so I came back to my country. Actually, your abandoned application could work in your favor - it shows that, yes your asylum application was genuine: you abandoned it once the country conditions changed. Some people continue to claim asylum, even if the country conditions have changed, which is not cool.
7. Other Applicants - We always think about people applying for asylum while in the US. Well 100s of thousands of applicants apply for asylum the moment they arrive in the US. And most people renew their passports BEFORE coming to the US. 100s of thousands of these people have gotten asylum - no questions asked as to 'you renewed your passport a few months/weeks before coming to the US' therefore you don't qualify for asylum.
Thank you, 7of9
See, when I first joined the forum I was of the same idea you make on points 1-3. But everyone here was so freaking paranoid about renewing a passport before you were even granted asylum. So I started being a bit more cautious with my posts about that. I'm glad such a respected poster here understand this - until you have been granted asylum, you NEED your NP for many different things. And asylum officers understand this.
Thank you for expressing this so well. =)
Thank you for expressing this so well. =)
do you have a visa for Canada ? they might not give you one if they suspect you are an asylum seeker in Canada or that you overstayed in the US
if you must go to Canada and have a visa or you think you will get a visa , you can apply for advance parole
if i were in your place and have a work permit already , i would not renew the passport and would stay in the US and not screw it . with Trump in office expect the worst , read this article
https://www.theguardian.com/us-news/2019/dec/23/us-immigration-trump-asylum-seekers
Sm1smom
Super Moderator
The bolded part of the above quoted post is misleading IMO! A demonstrated immigrant intent, especially filing for asylum, makes it highly unlikely for any CO to approve/issue a new NIV.
No CO will ever believe someone (who previously entered the US and filed for asylum, subsequently abandoned the asylum petition and now needs a new NIV to return to the US) based on the person saying their persecution circumstances no longer exists.
@Sm1smom I think you raise a legitimate point. When I wrote that post, I expected pushback on some of the claims. Let's look at some of the scenarios -
1. Immigrant vs. non-immigrant visas - Every CO who has worked in the system understands one unwritten rule: Every person who is given a non-immigrant visa has the potential to seek an immigrant visa once they arrive in USA. The question is: Is seeking an immigrant visa once you are in the USA wrong? I don't think so. Situations change, and as long as you are qualified for the new status, there is nothing wrong with changing your status. It is not a crime to change status from non-immigrant to immigrant.
2. F1 Visas - This is a non-immigrant visa. CO already know that majority of kids who finish college, end up seeking employment in the US, most end up changing their status to immigrant status. Still COs issue F1 visas by the millions (more like 100s of thousands) every year. Potential to seek immigrant visa once in the US is ok to them.
3. Deportation - After deportation, people have applied and gotten non-immigrant visas. Which is more bad: applying for asylum vs. getting deported for immigration visa violations?
4. HB1 visas - Like F1, is a non-immigrant visa. People convert to immigrant status from HB1 all year, no questions asked. There is nothing wrong with converting from a non-immigrant to a immigrant status/visa.
My point is that, regardless of your situation, the COs will evaluate your visa application as a whole. They will not deny you a non-immigrant visa just because you applied for asylum in the past, or that you sought immigrant status via some other means (marriage to USC, etc).
Further, abandoned asylee applications, I don't know if USCIS keeps a record of that. Someone can clarify this.
Data Sharing - I don't know if the state dept. and USCIS share data - like failed visa applications? abandoned asylee applications? denied EAD applications? All I know is that for green card applicants, USCIS specifically hands over your file to the State Dept. if you are applying for the gc from abroad. I'm sure i'm wrong, feel free to teach me.
Happy Friday! Thank you.
1. Immigrant vs. non-immigrant visas - Every CO who has worked in the system understands one unwritten rule: Every person who is given a non-immigrant visa has the potential to seek an immigrant visa once they arrive in USA. The question is: Is seeking an immigrant visa once you are in the USA wrong? I don't think so. Situations change, and as long as you are qualified for the new status, there is nothing wrong with changing your status. It is not a crime to change status from non-immigrant to immigrant.
2. F1 Visas - This is a non-immigrant visa. CO already know that majority of kids who finish college, end up seeking employment in the US, most end up changing their status to immigrant status. Still COs issue F1 visas by the millions (more like 100s of thousands) every year. Potential to seek immigrant visa once in the US is ok to them.
3. Deportation - After deportation, people have applied and gotten non-immigrant visas. Which is more bad: applying for asylum vs. getting deported for immigration visa violations?
4. HB1 visas - Like F1, is a non-immigrant visa. People convert to immigrant status from HB1 all year, no questions asked. There is nothing wrong with converting from a non-immigrant to a immigrant status/visa.
My point is that, regardless of your situation, the COs will evaluate your visa application as a whole. They will not deny you a non-immigrant visa just because you applied for asylum in the past, or that you sought immigrant status via some other means (marriage to USC, etc).
Further, abandoned asylee applications, I don't know if USCIS keeps a record of that. Someone can clarify this.
Data Sharing - I don't know if the state dept. and USCIS share data - like failed visa applications? abandoned asylee applications? denied EAD applications? All I know is that for green card applicants, USCIS specifically hands over your file to the State Dept. if you are applying for the gc from abroad. I'm sure i'm wrong, feel free to teach me.
Happy Friday! Thank you.
SusieQQQ
Well-Known Member
“They will not deny you a non-immigrant visa just because you applied for asylum in the past, or that you sought immigrant status via some other means (marriage to USC, etc”
Actually, these are often reasons for denying non immigrant visa applications. Remember all NIV applicants are deemed to have immigrant intent by law and must prove otherwise to get a visa. The default is refusal, not issuance.
H1B is a dual intent visa btw, you do not have to show non immigrant intent.
Actually, these are often reasons for denying non immigrant visa applications. Remember all NIV applicants are deemed to have immigrant intent by law and must prove otherwise to get a visa. The default is refusal, not issuance.
H1B is a dual intent visa btw, you do not have to show non immigrant intent.
Decided to look further on 'Data Sharing' - Specifically, I want to know what information does a visa officer have on a visa applicant. Per DHS, records are linked to A-numbers. Both the CIS1 and CIS2 have a record of the following: This information is from HERE and HERE and HERE (use these links as your standing point....there are many other links on Data, Data Sharing, Data Access, Data source = data for a person's immigration history. The generic file that everyone has access to, includes:
Full Name;
• Alias(es);
• Gender;
• Date of Birth;
• Country of Birth;
• Country of Citizenship;
• Port of Entry;
• Date of Entry;
• Class of Admission;
• A-Number;
• Social Security number (or other number originated by a government that specifically identifies an individual);
• I-94 Admission Number;
• Passport Number;
• Federal Bureau of Investigation (FBI) Identification Number;
• Legacy INS Fingerprint Number;
• DHS Automated Biometric Identification System (IDENT) Fingerprint Identification Number;
Driver’s License Number;
• Derivative Citizenship Certificate Number (DA, AA, AB, and EE Numbers);27
• Naturalization Certificate Number (C‐Number);
• Naturalization Date;
• Naturalization Court;
• Naturalization Location;
• Mother’s Name;
• Father’s Name;
• File Control Office (FCO);
• File Information (i.e., file transfer request, initiation, and confirmation date); and
• Deportation Information, such as: biometric identification, electronic forms, operational reports, fingerprint ID numbers, and interfaces to other alien-centric data stores.
A few notable items:
1. How does DHS use the CIS data?: CIS is a repository of electronic data that contains an index of basic data elements related to an individual as he or she passes through the immigration process. The purpose of CIS is to provide a searchable central index of A-Files and to support the location and transfer of A-Files among DHS personnel and offices as needed in support of immigration benefits and enforcement actions. This purpose includes the ability to ascertain an individual’s current immigration status (class of admission) and prior status (class of admission). - Note.....doesn't say anything about abandoned asylee applications....this file that the Visa officer has only changes when Class of Admission Changes - when an asylee application is abandoned, there is no class change, nothing to see here for the visa Officer? Possibly.
2. Who has access to Asylee & Refugee Data? - This is a big issues. USCIS has a section on it, so does the INA. Here is what USCIS says about asylee/refugee privacy:
F. Asylees and Refugees: Confidentiality Provisions: Federal regulations generally prohibit the disclosure to third parties of information contained in or pertaining to asylum applications, credible fear determinations, and reasonable fear determinations. [20] This includes information contained in the legacy Refugee Asylum and Parole System (RAPS) or the legacy Asylum Pre-Screening System (APSS), and Global System (the 2018 replacement for RAPS/APSS) or related information as displayed in CIS2 and PCQS, except under certain limited circumstances. As a matter of policy, the confidentiality protections in these regulations are extended to Registration for Classification as Refugee (Form I-590), Refugee/Asylee Relative Petitions (Form I-730), and Applications for Suspension of Deportation or Special Rule Cancellation pursuant to NACARA (Form I-881). These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event the claimant is repatriated. Such disclosure could also endanger the security of the claimant’s family members who may still be residing in the country of origin. Moreover, public disclosure might give rise to a plausible protection claim by the claimant where one would not otherwise exist. This is because such disclosure may bring an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.
a) Seems the agencies have access to asylee data
b) They only have generic data, not case specific data.
c) For successful asylee applicants, agencies have access to the change in status only, not the case specifics.
d) Abandoned Applications - If you abandon your asylum application, USCIS might keep a record, but other agency people, including DOS, will never know.
Of course my interpretation might be wrong, please feel free to point out the holes in my thesis that; 'you will be given a non-immigrant visa even if you previously applied for asylum."
Full Name;
• Alias(es);
• Gender;
• Date of Birth;
• Country of Birth;
• Country of Citizenship;
• Port of Entry;
• Date of Entry;
• Class of Admission;
• A-Number;
• Social Security number (or other number originated by a government that specifically identifies an individual);
• I-94 Admission Number;
• Passport Number;
• Federal Bureau of Investigation (FBI) Identification Number;
• Legacy INS Fingerprint Number;
• DHS Automated Biometric Identification System (IDENT) Fingerprint Identification Number;
Driver’s License Number;
• Derivative Citizenship Certificate Number (DA, AA, AB, and EE Numbers);27
• Naturalization Certificate Number (C‐Number);
• Naturalization Date;
• Naturalization Court;
• Naturalization Location;
• Mother’s Name;
• Father’s Name;
• File Control Office (FCO);
• File Information (i.e., file transfer request, initiation, and confirmation date); and
• Deportation Information, such as: biometric identification, electronic forms, operational reports, fingerprint ID numbers, and interfaces to other alien-centric data stores.
A few notable items:
1. How does DHS use the CIS data?: CIS is a repository of electronic data that contains an index of basic data elements related to an individual as he or she passes through the immigration process. The purpose of CIS is to provide a searchable central index of A-Files and to support the location and transfer of A-Files among DHS personnel and offices as needed in support of immigration benefits and enforcement actions. This purpose includes the ability to ascertain an individual’s current immigration status (class of admission) and prior status (class of admission). - Note.....doesn't say anything about abandoned asylee applications....this file that the Visa officer has only changes when Class of Admission Changes - when an asylee application is abandoned, there is no class change, nothing to see here for the visa Officer? Possibly.
2. Who has access to Asylee & Refugee Data? - This is a big issues. USCIS has a section on it, so does the INA. Here is what USCIS says about asylee/refugee privacy:
F. Asylees and Refugees: Confidentiality Provisions: Federal regulations generally prohibit the disclosure to third parties of information contained in or pertaining to asylum applications, credible fear determinations, and reasonable fear determinations. [20] This includes information contained in the legacy Refugee Asylum and Parole System (RAPS) or the legacy Asylum Pre-Screening System (APSS), and Global System (the 2018 replacement for RAPS/APSS) or related information as displayed in CIS2 and PCQS, except under certain limited circumstances. As a matter of policy, the confidentiality protections in these regulations are extended to Registration for Classification as Refugee (Form I-590), Refugee/Asylee Relative Petitions (Form I-730), and Applications for Suspension of Deportation or Special Rule Cancellation pursuant to NACARA (Form I-881). These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event the claimant is repatriated. Such disclosure could also endanger the security of the claimant’s family members who may still be residing in the country of origin. Moreover, public disclosure might give rise to a plausible protection claim by the claimant where one would not otherwise exist. This is because such disclosure may bring an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.
a) Seems the agencies have access to asylee data
b) They only have generic data, not case specific data.
c) For successful asylee applicants, agencies have access to the change in status only, not the case specifics.
d) Abandoned Applications - If you abandon your asylum application, USCIS might keep a record, but other agency people, including DOS, will never know.
Of course my interpretation might be wrong, please feel free to point out the holes in my thesis that; 'you will be given a non-immigrant visa even if you previously applied for asylum."
msv5450
Active Member
I asked multiple immigration lawyers about this very matter because I'm on F1 and I could become eligible for change of status to H1b or even R1 in near future.
They all said that if my asylum case gets denied and I leave the US, no American embassy will ever give me a non-immigrant visa like F1 or B1 because you must demonstrate that you have no intention of immigrating to the US while your asylum history says otherwise. By the way, DHS and USCIS are connected to each other and embassies are aware of your past asylum record in the US. There are certain visas that may not be issued by embassies unless you've got and approval from USCIS first.
On the other hand, there are certain visas that are dual intent, meaning thy are both immigrant and non-immigrant, and it is assumed the visa applicant will potentially apply for PR in the US. These include, H1b, O-1, L-1, and R-1 visas. The applicant's past immigration intents won't affect seeking dual intent visas.
Sm1smom
Super Moderator
This is like comparing apples to oranges. Of course situations change, the AOS process is in place precisely for that reason. Someone who is admitted into the US on a NIV, without the pre-planned intent of processing AOS is not deemed to have violated any immigration law should they end up processing AOS. However, if such a person were to leave the US while their AOS petition is pending which in essence means the AOS petition is deemed abandoned, are you trying to say such a person will successfully get another NIV should they apply again at the embassy? I don’t think so.
And 100s of thousands are equally denied on the basis of the CO not being convinced those applicants are genuine students or that they will depart from the US at the end of their study. For every single F1 visa that gets issued, possibly two to five are denied.
Another apples to oranges comparison. My point wasn’t about the merits or demerits of asylum vs deportation. A blanket statement stating someone who abandoned an asylum petition can simply apply for and get a new NIV is misleading.
H1B, like L1/L2 is actually a dual intent visa, unlike a F1 visa which you’re trying to compare it. While a person who is perceived to be harboring an immigrant intent will outrightly be denied a F1 visa, not so for a H1B visa which allows for one to have an immigrant intent even when applying for the visa.
Sm1smom
Super Moderator
Precisely my point! There’s a significant number of visa lottery selectees, currently in valid none immigrant status (especially students) who are weary of processing their DV lottery selection as a matter of fact - (I see this year after year). They know that if they’re not able to complete the process by the end of their applicable FY, they most likely will not be able to return to the US if they leave the country (that is if their current visa expires and they need to apply for a new visa at the embassy). Such an outright demonstration of immigrant intent creates an obstacle towards getting a new NIV.
Sachwani74
New Member
Indian Citizens residing in USA with any valid status like Green Card, Work Authorization, F1/F2 Visa, H1B Visa or with Asylum, U-Visa, VIVA Visa, or any other pending status with USCIS are also eligible to apply for the Indian Passport Renewal. Read the following article: xxxxxxxxxx
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