Renewing national passport while I-485 pending

P

porkman

Registered Users (C)
I just read the following post from http://www.immigrationlinks.com/discus/messages/8/398.html?TuesdayJuly2720041112am

It suggests that renewing national passport while asylum-based I-485 is still pending should be OKAY. Any comments?
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By ImmigrationHelp on Wednesday, October 31, 2001 - 04:25 pm:
Dear Anonymous:

Asylee adjustment cases are currently backed up to June 2, 1998. Therefore, it appears that you will have to wait at least one year or more before your case is adjudicated.

Absent unusual circumstances, renewing your passport should not affect your asylum status or your pending I-485. Good luck.


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By Anonymous on Thursday, November 1, 2001 - 05:17 pm:
Thank you for your reply regarding renewing of a national passport while I485 is still pending,
But I'm still confused, The INS say that if you renew your passport or obtain a new passport from your country, then this would be as if you are asking for the protection of that country hence you might lose your asylum status,and in this case then there would be no ground for giving the GC, could you please give more insight to this situation,
thanks


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By ImmigrationHelp on Friday, November 2, 2001 - 06:34 pm:
Dear Anonymous:

The obtaining of a passport from your native country is only one indication of your ability to return there. It does not mean that you could not still be persecuted if you return there. You may only wish the passport for the distant future in case conditions change. If there is nothing else, it is highly unlikely that INS could seek to rescind your asylum status.

However, if you still feel uncomfortable, just wait until your application for adjustment is granted before making the passport application. Good luck.
 
no one will stop you renewing your passport if you want to, but no one know exactly how immigration service do to you when they know your action. But from other ppl experience, its not smart action
 
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You shouldn't renew your passport. there are 2 storis here..My sister renewed her passport while I-485 was pending and she had no problems in getting her GC and u.s citizenship..But one of my realitives did renew his passport and they interviewed him during his I-485 adjustment...With that they asked him to show copies of his National Passport...He did with a current renewal date...

He was given lots of hell and had to come with a good reason why he renewed his passport(since he can't travel with it anyways)..He had to renew his passport to sell some property in his home country which required that..They coulnd't put that as a reason which meant "ties" to persecution country...To make this long story short, he had to go through lot of hell in explaining it and he did make an excuse and he is approved now..7 months after where he should've...

Its just roulette..if they ask for ur passport..ur screwed if u renewed it..If u say YOu LOST IT..they have every right to call national embassy and ask for the record..which meant you lied...Be careful out there..
 
wantmygcnow said:
You shouldn't renew your passport. there are 2 storis here..My sister renewed her passport while I-485 was pending and she had no problems in getting her GC and u.s citizenship..But one of my realitives did renew his passport and they interviewed him during his I-485 adjustment...With that they asked him to show copies of his National Passport...He did with a current renewal date...

He was given lots of hell and had to come with a good reason why he renewed his passport(since he can't travel with it anyways)..He had to renew his passport to sell some property in his home country which required that..They coulnd't put that as a reason which meant "ties" to persecution country...To make this long story short, he had to go through lot of hell in explaining it and he did make an excuse and he is approved now..7 months after where he should've...

Its just roulette..if they ask for ur passport..ur screwed if u renewed it..If u say YOu LOST IT..they have every right to call national embassy and ask for the record..which meant you lied...Be careful out there..
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This question is such a grey question. in other words, you can not be conclusive about the right answer. It depends on luck, circumstances and the immigration official own interpretation of the law. I wish i can give you a conclusive answer
 
Porkman,

Because you are still an asylee and are not a permanent resident yet, do not even think about renewing your passport.

The INS stated very clearly that an asylee who renews his passport is presumed to have given up asylum status. Do not risk it.

I came in as derivative asylee with a national passport. But during my adjustment interview, the officer specifically checked if I renewed it. Fortunately I did not.

Use the Refugee Travel Document, which has the American seal on it. What is the problem?


Even if you have become a permanent resident, renewing your passport is still VERY VERY stupid because it can open up cans of worms about the truth of your asylum application. Again, use the Refugee Travel Document or maybe the Reentry Permit.

SHOW SOME PRIDE IN THE COUNTRY WHICH OFFERED YOUR ASYLUM AND USE AMERICAN TRAVEL DOCUMENTS SPECIFICLALY DESIGNED FOR YOU! WHAT IS THE PROBLEM?
 
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thankful said:
Porkman,

Because you are still an asylee and are not a permanent resident yet, do not even think about renewing your passport.

The INS stated very clearly that an asylee who renews his passport is presumed to have given up asylum status. Do not risk it.

I came in as derivative asylee with a national passport. But during my adjustment interview, the officer specifically checked if I renewed it. Fortunately I did not.

Use the Refugee Travel Document, which has the American seal on it. What is the problem?


Even if you have become a permanent resident, renewing your passport is still VERY VERY stupid because it can open up cans of worms about the truth of your asylum application. Again, use the Refugee Travel Document or maybe the Reentry Permit.

SHOW SOME PRIDE IN THE COUNTRY WHICH OFFERED YOUR ASYLUM AND USE AMERICAN TRAVEL DOCUMENTS SPECIFICLALY DESIGNED FOR YOU! WHAT IS THE PROBLEM?
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Is it a problem to use your passport even after you have been readjusted? or you have to keep traveling with the RTD?
Thank you for your advice thankful. But the problem of traveling and showing some pride with the AMERICAN TRAVEL DOCUMENTS SPECIFICALY DESIGNED FOR US, is that it is a document that expires every year, not only is a pain to get and renew, but also expensive. At least in my country the passport has a validity of 10 years.
 
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i read stories , that depending on ur country ... in order for u to leave the country u must prove that ur a resident in us ... that little A6 might give u away that u requested asylum .... so u can get in trouble in both places ... so its smart to stick to whatever ins provides .. ...

and if u really fear prosecution in ur home country how come u can go to them and ask for a passport ...

think
 
I agree with the concept that states: it is best NOT to renew your national passport. I think it's the best thing and the safest thing to do.

However, I wonder if CIS will call the national embassy to find such information. They have so much constraint on their resource to do such a thing. Would you think they would go to this length?
 
lee_haircut5 said:
I agree with the concept that states: it is best NOT to renew your national passport. I think it's the best thing and the safest thing to do.

However, I wonder if CIS will call the national embassy to find such information. They have so much constraint on their resource to do such a thing. Would you think they would go to this length?
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First of all, if you are asked this question by any DHS official at any time, you must answer truthfully (and drawn suspicion to your asylum claim if you did renew your passport) or risk a perjury charge down the road by lying. I was asked this question during the I-485 interview not too long ago. They can ask this when go you for your citizenship exam too. The border inspector can ask you the question when you enter the country. And the question is on the I-131.

As to calling embassies, I doubt that. BUT YOU NEVER KNOW WHAT THE FUTURE MIGHT BRING. IF GOD FORBID DESPITE OUR BEST EFFORTS AT PREVENTION THERE IS ANOTHER 9/11 STYLE ATTACK THEN ANYTHING IS POSSIBLE.
 
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clisp said:
i read stories , that depending on ur country ... in order for u to leave the country u must prove that ur a resident in us ... that little A6 might give u away that u requested asylum .... so u can get in trouble in both places ... so its smart to stick to whatever ins provides .. ...

and if u really fear prosecution in ur home country how come u can go to them and ask for a passport ...

think
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Agreement.

If you really are a victim of persectuion, why would you want obtain a passport from your so-called opppressors? And even more importantly, why would they issue a document to a persecutee?

I do not see why this is so hard to understand? This should be simple logic.
 
Hi Thankful,
I am in agreement with you there, 100%. I think we should not discuss this issue anymore. I think, like you said, it is a simple logic. If you are persecuted by your country of origin - you should have no reason to renew your national passport.

However, I think there are things that are much more relevant to discuss here, such as interview for the adjustment of status that you mentioned.

You mentioned that during your I-485, you were interviewed? I notice that some people with an asylum-based I-485 got their GCs without going through an interview.

So, a much more relevant discussion topic is: What makes CIS decide to interview some applicants of asylum-based I-485?

I read in a post somewhere that the interview for I-485 (asylum based) is quite rare. It is an exception as opposed to a norm.

Could anyone share their experience or opinion?

Thanks!
 
My understanding is that adjustment cases filed at service centers (asylee, refugee and employment-based cases) generaly do not require in-person interviews. But the CIS selects a sample of these cases for interviews at local offices, probably for quality control purposes. I believe that my case was randomly selected for this reason.

They also interview people whose applications present serious problems.


lee_haircut5 said:
Hi Thankful,
I am in agreement with you there, 100%. I think we should not discuss this issue anymore. I think, like you said, it is a simple logic. If you are persecuted by your country of origin - you should have no reason to renew your national passport.

However, I think there are things that are much more relevant to discuss here, such as interview for the adjustment of status that you mentioned.

You mentioned that during your I-485, you were interviewed? I notice that some people with an asylum-based I-485 got their GCs without going through an interview.

So, a much more relevant discussion topic is: What makes CIS decide to interview some applicants of asylum-based I-485?

I read in a post somewhere that the interview for I-485 (asylum based) is quite rare. It is an exception as opposed to a norm.

Could anyone share their experience or opinion?

Thanks!
Click to expand...
 
Thankful,
So - there are two possible causes for you to be interviewed before your I-485 is approved:
1. If you are randomly selected
2. If your app presents some problem. What would be the example of this?

Is this true? My lawyer told me that the asylee-based I-485 typically doesn't require an interview b/c to get to this point, asylee usually went through a pretty thorough check anyway.

Please share.

LH
 
Yes, the grounds for interviews would either be random selection or problems specific to you.

Examples would include having a criminal record or if the officer believes the asylum case was false to begin with.

Asylum adjustments are really easy and there is nothing to worry about (unless you have done something stupid).

lee_haircut5 said:
Thankful,
So - there are two possible causes for you to be interviewed before your I-485 is approved:
1. If you are randomly selected
2. If your app presents some problem. What would be the example of this?

Is this true? My lawyer told me that the asylee-based I-485 typically doesn't require an interview b/c to get to this point, asylee usually went through a pretty thorough check anyway.

Please share.

LH
Click to expand...
 
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