Renew home country passport

F

fightforfate1

Registered Users (C)
I was granted political asylee in Dec 1999 and submitted I-485 in Jan 2001. As you all can guess, still long wait for the GC. Now my home country passport is going to expire and I would like to renew it. Is there any reason I shouldn't do it? I'm not worried about the embassy of my home country as they may not ask my current status. But will renweing the passwport become a concern when it comes to the approval of my I-485 by BCIS? Many thanks!
 
fightforfate1 said:
I was granted political asylee in Dec 1999 and submitted I-485 in Jan 2001. As you all can guess, still long wait for the GC. Now my home country passport is going to expire and I would like to renew it. Is there any reason I shouldn't do it? I'm not worried about the embassy of my home country as they may not ask my current status. But will renweing the passwport become a concern when it comes to the approval of my I-485 by BCIS? Many thanks!
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What benefits would you gain by renewing your passport?

This is strongly discouraged because it could be construed as evidence that you have no fear of persecution.

Last month in the Miami district alone, at least five people showed up for their citizenship interviews and had their asylum status formally challenged because they had renewed their national papports after getting adjustment of status.
 
Gilbert, thanks for the reply. The reason I want to renew it is because I'm also trying another venue of GC and also waiting for the approval. Given the cuurent waiting period for political asylee GC, it's possible I may get the other one first. In that case, I'll need a valid passport.

But there is no gurantee I will get approved for the other one. So I'm really in a delima here.

You mentioned that renewing passport became an issue when interviewing for citizenship. Now I'm more concerned if it will come up as an issue when getting the I-485 approved through the political asylee path. Please advise. Thanks again.
 
fightforfate1 said:
I was granted political asylee in Dec 1999 and submitted I-485 in Jan 2001. As you all can guess, still long wait for the GC. Now my home country passport is going to expire and I would like to renew it. Is there any reason I shouldn't do it? I'm not worried about the embassy of my home country as they may not ask my current status. But will renweing the passwport become a concern when it comes to the approval of my I-485 by BCIS? Many thanks!
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fightforfate1,

I have asked the same question to my attorney. Below is the answer he provided. Note: he is the same lawyer who represented me for my asylum application. I have no reason to question his recommedation.

"You should renew your passport. Although you are very likely to get your
permanent residency of the US, you are still a XXXXXX citizen until you
become an US citizen."

Note: For privacy reason, I replaced my home country with a "XXXXXX".

I would suggest you ask your attorney.
 
cchong said:
fightforfate1,

I have asked the same question to my attorney. Below is the answer he provided. Note: he is the same lawyer who represented me for my asylum application. I have no reason to question his recommedation.

"You should renew your passport. Although you are very likely to get your
permanent residency of the US, you are still a XXXXXX citizen until you
become an US citizen."

Note: For privacy reason, I replaced my home country with a "XXXXXX".

I would suggest you ask your attorney.
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Last year I had a paid consultation with Michael Maggio on an unrelated immigration matter and I brought up this same question. He said absolutely 100% do NOT renew your national passport (or go back for a visit) because it leads to a very reasonable assumption that your asylum case is fake.
 
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I forgot to mention that Mr. Maggio has an office in dowtown Washington and is considered one of the best immigration attorneys in the country.

His fees are expensive. But he knows what he is doing. I needed his services to expedite my I-730 petition due to the very urgent situation my family was in. Mr. Maggio obviously has great contacts inside the INS. He made a few phone calls and faxed in my proof of emergency. And my I-730 was approved within a week.

So I have 100% confidence in his advise.
 
I absolutely agree with Gilbert and JW. During my asylum case I was represented by a prominent New York City attorney, Alan Lee. And he told me in no uncertain terms that DO NOT RENEW your passport.

Mr. Lee provides community service by answering weekly immigration-related questions. Here is his response from a few years back:

***************************************************************************************

Dear Mr. Lee:

In May 2000, I entered from overseas with a B-1 business visa. In November 2000, I applied for asylum based on religion. In 9/01, my application was approved. In 9/02, I can apply for the green card. My passport was issued in 9/97. It is good till 9/02.

1 Should I send the passport to the original issuing office or my country's consulate in New York for extension?

2 What will happen if I do not apply for an extension?

3 After I get the green card, can I reapply for a passport with the Consulate at New York?

4 After I get the green card, can I return to my homeland?

Dear reader:

1 Inasmuch as you have attained political asylum by stating that you are no longer under the protection of your home country, your attempt to extend that country's passport may be seen as a reflection of your true feelings that you have no fear of your home country or of returning to it.

2 Individuals who gain asylum should not apply for extensions of their country's passports.

3 Even after obtaining permanent residence in the U.S., you should not attempt to reapply for your country's passport.

4 Even after obtaining permanent residence in the U.S., you should not return to the country from which you claimed persecution. Green card holders are not afforded protections by the U.S. government, and your lack of fear in going back to your homeland could be seen to reflect upon your state of mind prior to obtaining residence status.
 
more

Here is his answer to another batch of questions:

****************************************************************************************
Dear Mr. Lee:
In 1991, my mom entered with a B-2 visa for visiting.
In 2/98, her asylum was granted.
In 8/99, I and dad entered.
In 9/99, I and dad obtained the A-5 card.

1. When can we apply for our green cards? Can all 3 apply at the same time?

2. What are the procedures for green card application?

3. When can we obtain our green cards? What should we do when our passports expire in 8/00? What should we do when our A-5 cards expire in 9/00?

Dear reader:

1 You can apply for permanent residence one year after being granted derivative asylum status. You can only all apply at the same time if your mother is willing to wait until you and your father have one year in the status. Otherwise your mother would put in her application for permanent residence before you.

2 To apply as an asylum adjustment, you and your father must wait the time limit, and then send in I-485 adjustment of status applications with fee and documentation to the Nebraska service center of the INS.

3 It is difficult to state when you will be finally approved for permanent immigration. The INS is notably erratic in the timing of adjudications for asylum adjustment cases. When your passports expire, you are not supposed to renew them inasmuch as you are making applications for adjustment based upon your unwillingness to return to your home country. Renewal of your passports would bring into question your actual intentions. If you need to travel, you and your father can apply for refugee travel documents on form I-131 to the INS service center in Lincoln, Nebraska. You should not of course travel back to your homeland of persecution. When your A-5 card expires in 2000, you can request an extension of the card.
 
Gilbert said:
What benefits would you gain by renewing your passport?

This is strongly discouraged because it could be construed as evidence that you have no fear of persecution.

Last month in the Miami district alone, at least five people showed up for their citizenship interviews and had their asylum status formally challenged because they had renewed their national paspports after getting adjustment of status.
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Why? Do you need to show a passport in the citizenship interview? I lost my expired one and never renewed it? What is the procedure?
 
Gilbert, thanks for the reply. The reason I want to renew it is because I'm also trying another venue of GC and also waiting for the approval. Given the cuurent waiting period for political asylee GC, it's possible I may get the other one first. In that case, I'll need a valid passport.

It should not be too hard to have the passport requirement waived given your asylum grant. So this is really not a reason to renew the passport

But there is no gurantee I will get approved for the other one. So I'm really in a delima here.

You mentioned that renewing passport became an issue when interviewing for citizenship. Now I'm more concerned if it will come up as an issue when getting the I-485 approved through the political asylee path. Please advise. Thanks again.
It is absolutely a potential problem when your asylee adjustment request is processed. In order to get adjustment, you must prove your continued fear of persecution and renewal of passport could invalidate that fear. Also, having a green card does not give a categorical right to remain in the United States (in spite of what some people think). They have the right to reexamine the basis of your case at any time and if they decided that you were eligible for immigration in the first place, they will begin the deportation process. This is not just a theory, it happens all the time.
 
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My sister got her GC 4 years ago and had to travel to europe for a wedding. She renewed her national passport since RTD were taking 4-6 months and got a visa on it...When she returned back to U.S, no one questioned her about renewing her passport.

Moreover she just became a citizen and at the interview no one asked if she had renewed her national passport. It really depends on immigration officer though..
 
In my opinion, Alan is one of the best, if not the best, asylum attorneys alive. He is widely published in asylum law literature. Alan has worked closely with senior CIS officials. Ten years ago he persuaded the CIS to adopt the "nunc pron tunc" process for derivative asylees who age out. I would take his words seriously.




hampton8844 said:
I absolutely agree with Gilbert and JW. During my asylum case I was represented by a prominent New York City attorney, Alan Lee. And he told me in no uncertain terms that DO NOT RENEW your passport.

Mr. Lee provides community service by answering weekly immigration-related questions. Here is his response from a few years back:

***************************************************************************************

Dear Mr. Lee:

In May 2000, I entered from overseas with a B-1 business visa. In November 2000, I applied for asylum based on religion. In 9/01, my application was approved. In 9/02, I can apply for the green card. My passport was issued in 9/97. It is good till 9/02.

1 Should I send the passport to the original issuing office or my country's consulate in New York for extension?

2 What will happen if I do not apply for an extension?

3 After I get the green card, can I reapply for a passport with the Consulate at New York?

4 After I get the green card, can I return to my homeland?

Dear reader:

1 Inasmuch as you have attained political asylum by stating that you are no longer under the protection of your home country, your attempt to extend that country's passport may be seen as a reflection of your true feelings that you have no fear of your home country or of returning to it.

2 Individuals who gain asylum should not apply for extensions of their country's passports.

3 Even after obtaining permanent residence in the U.S., you should not attempt to reapply for your country's passport.

4 Even after obtaining permanent residence in the U.S., you should not return to the country from which you claimed persecution. Green card holders are not afforded protections by the U.S. government, and your lack of fear in going back to your homeland could be seen to reflect upon your state of mind prior to obtaining residence status.
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Thank you all for the responses and information. They are very helpful. I decided not to renew my passport because it will endanger my political asylee GC. I didn't know I could get the passport requirement waived in the other path of GC because of my asylee status. Thanks a lot for pointing this out.
 
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Gilbert, even though I decided not to renew my passport, I still want to ask you a question about a point you made in your response. You said: "In order to get adjustment, you must prove your continued fear of persecution ". Ho will BCIS ask me to prove this? Will they send me RFE or ask me to go to an interview? What kind of evidences they may ask me to prove my continued fear of persecution? Thanks.
 
What if you had renewed your passport and never show that renewed passport at citizenship interview and also don't admit that you have renewed your passport. Are they going to check with the embassy of your country?
 
Just realize another question: suppose a husband is the one who applied for asylum and got the asylee status for both himself and his wife. Surely he cannot renew his passport, but can his wife renew hers because the asylum was granted purely because of the husband's credentials? Thanks.
 
Life is not perfect and choices have to be made. I personally would not go to places that would not honor a Refugee Travel Document. If someone had to go, he should document the fact that a RTD was not accepted. Even so, if this issue was ever brought up by the CIS, it would be hard to mount a good defense. Why would a persecuting country renew/issue a passport to you?



Gilbert said:
What benefits would you gain by renewing your passport?

This is strongly discouraged because it could be construed as evidence that you have no fear of persecution.

Last month in the Miami district alone, at least five people showed up for their citizenship interviews and had their asylum status formally challenged because they had renewed their national papports after getting adjustment of status.
Click to expand...
But Gilbert, how about countries that do not accept RTD such as United Arab Emirates. I recalled that you said it was ok for an asylee to get the national passport in that case. In such case, how dare the immigration people penalize a person who had no choice but to do that.
 
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I personally take this renewal national passport issue very seriously. Otherwise, I would not have raised the question to my asylum attorney.

I believe many of the people on this board are taking this issue very seriuosly as well. I was wondering if we can get an authoratative answer to this question.

It seems to me there are conflicting information we received. I trust my attorney and so do other people on this board trust their attorneys. I guess it depends on how the attorney interprets the law.

You apply for a renewal of your national pasport does not mean you are returning back to your home country. It definately does not mean you are not affaid of going back home. Each person case is unique.

I am sure no one on this board would like to wait for 10 years to receive his/her green card. I am sure some of us might want to consider some other channels such as applying "green card" thru other countries. In order to pursue this channel, you are required to have your valid national passport.

Note: When I travel outside the US, I travel on my Refugee Travel Document.

I think this renewal national passport issue is a heated debate question.
 
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Whole crux of the issue is that there are no firm guidelines according to immgration law as to whether an asylee can renew passport or not. Quite frankly there is even no provision in law that stops an asylee from returning back to home country (you can even request going back to home country for family emergency while still on asylum status, although it is definitely not recommended).

Therefore the issue rests on the immigration officer who works on your application or who deals with you on port of entry. If he is knowledgable enough, then he is going to question. If not, then he will not know.

So my point is that by "LAW", there is no provision which strictly prohibits an asylee from renewing their passports or going back to their home countries after obtaining green cards, although it is not recommended because you could be that unlucky one who gets in front of a knowledgable (which is rare) immigration officer while obtaining immigration benefits (such as citizenship) or re-entering US.

Hope this helps. Any expert comments.. Gilbert???
 
what if situation changes

hello Guys,
I think one point that have never been addressed is the change of situation in home country,
we all know that by the time an asylee gets his/her GC at least 5 to 6 years would have passed, now in some cases, especially in eastern Europe, political situations have improved and goverments have changed, and now there would be no reason to fear for one's life, so the question is: if the situation changes, after recieving GC:
1.is there is a reason not to renew national passport?
2.if one goes back to home country would that affect citizinship application?
 
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