Renew home country passport

Lazerthegreat said:
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???
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Lazerthegreat,
I totally support what you said. It all depends on the officer that you deal with. If the renewal of passport was prohibited or questionable, then why will the BCIS send you a letter of approval that says you need your passport, 2 pictures and your I-94 card and report to a local office to get your passport stamped as a proof of status? In my opinoin, the officer should revoke your status or reopen your assylum case at the moment you show up with a renewed passport for stamping. Since they don't, then it is not against the LAW.
 
bitter

I have to tell you all one thing - I have done absolutely everything in my life by the book. I had a strong honest asylum case, I follow all the rules, and I am getting nothing but punished for it.

Tons of asylees and refugees (I know at least 3) travel to their home countries, and go about their business and travel like there is no issue.
I just feel like a complete fool traveling with this idiotic travel document that lasts a year, takes 6 months to renew and finally - go figure - I just got denied a visa for the only country where I can meet my family because the stupid thing is not valid 6 months before my travel.
I anticipate things like this happening in the future all the time so if you can get a real passport and be sneaky about it - go for it!
 
My asylum case was filed by an attorney who had previsouly served as the deputy district counsel for the New York INS office. During my first appointment with him, he told me upfront that asylees should neither visit their country nor renew their passports. And yes the INS has always gone after people who do either of these things. I too know people who renewed their passports and had no problem. But I see people speeding everyday on the expressways and do not get pulled over. I doubt most people are that lucky.

I do not know what is wrong with some people. If your country is so bad that you have claimed asylum from it, why do you want to visit or use its passports? The passports signal an offer of protection by the issuing country, like it or not. If you are really fleeing from your country, you should not even want to see the symbols of that evil government (let alone use it).

I have been reading books about Holocaust survivors who were granted asylum. Long after West Germany became a real democracy, these people still wanted little to do with that country.
 
Phil, I agree

I agree with Phil, and I don't want to visit my country. But there are horrendous issues with traveling on RTD vs. a real passport. It was my impression that this person wanted something he/she can actually travel with, not necessarily to go back home.

I will also add that by the time an asylee gets US citizenship it can be 8 or 10 years. Country conditions can change during this time, and US grants permanent asylum - not temporary, like Germany for example. So I think it would be fair for people with countries whose governments have changed to be able to go back and visit, for example, a dying relative. They probably really don't want to bring back bad memories, they don't want to run into the same people who persecuted, threatened or endangered them.. They will not be socially accepted by people who might view them as those who abandoned the country even after it is safe - but what if their parent is dying? and the country is temporarily stable?

I am completely agains fake asylum, but the issue is very complex and I really don't like the radical opinions that some people express without understanding that countries are very different. I guess that is my 2 cents on the topic.
 
The bottom of this issue is very clear: "Do not renew it". Yes, you are still citizen of your home country, no doubt. But you left your country claiming fear of persecution, and renewing the document raises reasonable doubt on whether or not that claim is still valid, very simple to understand. It could happen that the officer viewing your case doesn't realize of that issue, and you might go through the process with no problem, but it could also happens they might notice it, then more question will be raised going up to a case review. I would expect the second option be the one most likely to happen.
You will find lawyers saying whatever you want to hear from them, but common sense and competent lawyers are saying don't do it.
This and similar issues have been raised in this forum so many times, without arriving to the same conclusion, that I believe we are wasting our time going over this. Finally, it is up to you do what you want.
However, if you want an advise, this is very clear: do not renew it
Good luck


cchong said:
Based on my previous post, some of you would have already known my attorney suggested me to renew my home country passport. His reason was I am still the citizen of my home country.

I work for a law school. Yesterday, I asked one of the lawyers at the law school who deals with immigration issues. She has done many asylum cases.
I told her about my situation and about the conflicting information regarding if asylee should renew his/her home country passport. She agrees with my attorney assessment.

She said she would ask some other lawyers opinion as well.
I think we need to get to the bottom of this issue.

It is so sad that we're all going through all kind of hussels that we shouldn't need to.
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Just curious, what happen if the situation in home country is so much better now and completely changed for the better after regime changed, and asylee has decided to go back for better opportunities and reunited with families, but lets say in the next 5 years, he wants to come to USA just for a visit as a tourist, do you think he still can get a tourist visa? Since he’d lost the GC once, do you also think the people in the POE will know about his background when he got his fingerprinted.
Thanks.
 
Thanks for the message. I think it is pretty ridiculous that we need to discuss this topic at all. It is really much common sense.


alanpero2 said:
The bottom of this issue is very clear: "Do not renew it". Yes, you are still citizen of your home country, no doubt. But you left your country claiming fear of persecution, and renewing the document raises reasonable doubt on whether or not that claim is still valid, very simple to understand. It could happen that the officer viewing your case doesn't realize of that issue, and you might go through the process with no problem, but it could also happens they might notice it, then more question will be raised going up to a case review. I would expect the second option be the one most likely to happen.
You will find lawyers saying whatever you want to hear from them, but common sense and competent lawyers are saying don't do it.
This and similar issues have been raised in this forum so many times, without arriving to the same conclusion, that I believe we are wasting our time going over this. Finally, it is up to you do what you want.
However, if you want an advise, this is very clear: do not renew it
Good luck
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I don't understand what the big deal is regarding national passport renewal. This thread brings some interesting insight into the practice of immigration law as a whole. It seems, time and time again, we measure the "greatness" of an immigration attorney simply on his ability to give us the most concise worst case scenario, rather than practical advice that could actually help the client.

1. Most customs officers would not have the time (nor intelligence, frankly speaking) to bother with all the variants that affect your GC status. They want something to swipe in the GC slot, a valid travel document (passport, RTD, etc.) to stamp, and some marginal proof of how long you've been out of the country.

2. Those 5 Miamians who took their national passports to a citizenship interview, knowing full well their trek to U.S. citizenship began when they proved a well-based fear of persecution from that country, were really asking for it! Their ignorance goes beyond anything I've ever heard or seen.

3. I'm not really sure what "common sense" embodies any more. I wouldn't expect that someone who broke into my apartment and stole my TV would get to legally keep it, but that's exactly what Bush's amnesty proposal does.
The last thing INS should be worrying about is asylees who are waiting 8-12 years for their green cards obtaining national passports. Especially given the ridiculous refugee travel document processing scheme.
 
Despondent said:
I don't understand what the big deal is regarding national passport renewal. This thread brings some interesting insight into the practice of immigration law as a whole. It seems, time and time again, we measure the "greatness" of an immigration attorney simply on his ability to give us the most concise worst case scenario, rather than practical advice that could actually help the client.

1. Most customs officers would not have the time (nor intelligence, frankly speaking) to bother with all the variants that affect your GC status. They want something to swipe in the GC slot, a valid travel document (passport, RTD, etc.) to stamp, and some marginal proof of how long you've been out of the country.

2. Those 5 Miamians who took their national passports to a citizenship interview, knowing full well their trek to U.S. citizenship began when they proved a well-based fear of persecution from that country, were really asking for it! Their ignorance goes beyond anything I've ever heard or seen.

3. I'm not really sure what "common sense" embodies any more. I wouldn't expect that someone who broke into my apartment and stole my TV would get to legally keep it, but that's exactly what Bush's amnesty proposal does.
The last thing INS should be worrying about is asylees who are waiting 8-12 years for their green cards obtaining national passports. Especially given the ridiculous refugee travel document processing scheme.
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I totally concord with you. I have renewed my national passport because 1) the Re-entry permit takes more than 18 months to process 2) the country I traveled to does not accept anything but a national passport. RTD and Re-entry permit do not fit their requirement for a ttravel document. 3) Also, most countries require that your travel document is valid 4 months before you get there. How can this be possible if the darn RTD is only valid for one year and sometimes you need to travel one or 2 months before it expires otherwise you will wait 8 months to take it. As for those gloom and doom lawyers; they are paranoid by nature. They have to expect the worse case scenario to be successful. They imagine bad things will happen and they scare the heck out of you. Having said that I do not think that it is fair to generalize this notion about them. Good luck all.
 
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Highly unlikely - if you have a GC. However, if you're still an asylee (pending AOS or not) you will probably run into a problem. It appears that as soon as they see the GC in your hand they go into a "how long have you been out of the country" mode; they swipe the GC and shuffle through your national passport to make sure it's still valid. I'm yet to hear a story where a AS6 GC holder (former asylee) was detained/refused entry at POE because he/she has a national passport.

Has anyone else?
 
Lazerthegreat said:
So you were never asked by immigration at POE that why are you using your country's passport?
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She looked at my green card and asked me where I have traveled to and for how long. I told her where and also told her that I stayed there 6 months. She asked why and I responded by saying that I taught a college course there. She then said welcome back professor and that was it. I applied for a re-entry permit to avoid using my national passport and they said i takes 16 months for that document to be processed. Even if it was expedited, the country I went to does not accept RTDsor Re-entry permits. I did not want to give up the opportunity to go there, especially with my desire to collect data for my research. Bottom line: everything in life takes risk. Once you decided to take a risk, go for it. I know i was risking everything but I just took a consicous decision to do what I did. I strongly encourage everyone to consider their actions and their implications and not to listen to a paranoid lawyer. Good luck all.
 
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My experience....I was approved for my Green Card almost a year ago. I recently decided to renew my national passport (for reasons you all understand..humiliation at airports, long waiting times, etc). 2 weeks ago, I returned from a 3 week trip to Asia (5 countries). I went through Immigration in Los Angeles. The Gentleman swiped my GC and opened a blank page in the passport and stamped it (didn't look at the details). After that, I was sent to be searched by customs as part of the "random" search...this is where Middle-easterners and south Asians are "randomly searched" ;) In any case, this time the gentleman did look at my passport and did see my country of citizenship, and commented on it. He did not say anything like "oh you were an asylee..etc etc." He did a very quick search and let me go on my way. So, I did not have any negative experience. Now, the facts that made me decide to go ahead and renew my passport (please bear with me):
1.) In my mind renewing a passport is NOT the same as going back home. There is no danger for me in doing so, I did so by mail. what's the worst that can happen? They deny me?
2.) A permanent resident is no longer an asylee (in my mind) so I did some research:
2.1) I called USCIS and asked them, if there was a problem renewing my passport. The person I spoke to categorically said "there is no problem at all".
2.2) Being of the suspicious type, I decided to call my lawyer and ask her. she also said no problem.
2.3) I remember a post some months ago in which a girl emailed the same question to USCIS and their response was "a green card is a green card is a green card, doesn't matter how you got it".
2.4) Finally, the USCIS site clearly states this "Now that you have become a Permanent Resident of the United States we would like to welcome and congratulate you on your accomplishment. Some of you came to the United States as immigrants through a relative or through an employer. Some of you came as refugees or were given asylum status. And some of you came through other programs, like the Diversity Visa Lottery. But now that you are Permanent Residents you all share the same status."
2.5) When going in to get the green card stamp, they ask us to bring our passport so they can stamp it. Would they ask for such a thing if it was wrong? Again..having a national passport is not the same as going home (my opinion).

With that said, why should we not be able to travel with our passports like all other green card holders? We are all the same status. Everything I just wrote is my opinion, so please consider the thoughts, but do what you think is right. I will tell you one thing, traveling on my national passport was the first time in a long time I was treated with dignity (you all know what I'm talking about).

Peace!
 
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how u guys renew your passport? i wonder...
my country embassy asks for I-94 for renew, but i lost my original one, and the only one i have is the I-94 they gave me when i was granted for aslyum, which has "asylum granted" on it. Obviously u cannt show that I-94 to your embassy right ? :eek:
 
Yeah! Do NOT show your Asylee I-94 to your embassy. They will be more than mad at you and will not issue you anything.

BTW: They should not be asking your for your valid status in the US. I mean even if you are illegal, you are still a citizen of that country. Wouldn't they consider you a citizen if you are illegal here???
 
If I have already renewed passport, What should I do?

If I have already renewed my passport, What should I do for the interview? I can let passport at home when I am going to for an interview. But when I am asked for a passport, what should I answer? Thanks in advance for advice.
 
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i dont know if i should renew my passport, but it is true that i am still the citizen of my country. :(
like i said, i cannt show them my "asylum granted" I-94
are there any ways to get a new one? apply another I-94? or coming back from another country and get a new i-94 at immigration in the airport?
any ideas?
thank u
 
If you have already renewed your passport by mistake (or on purpose for that matter), just do NOT bring it with you and tell INS that you do not use your national passport (which is true in that you have renewed it but have not used it)

Now about the country which requires I-94 to show to issue passport, sounds too ridiculous to me. The problem is that even when you re-enter as an Asylee from a 3rd country back to the US, they do issue you a new I-94, however that new I-94 still says "admitted as an Asylee for an indefinite time period............"

So I certainly do not see any solution to that issue.
BTW: why do you want to renew your country's passport??
 
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