I want to renew my passport before applying for asylum because I know I shouldn’t do that afterwards and it could hurt my case. On the other hand, I need a valid passport to maintain my legal status in the US. Do you think a passport renewal right before filing for asylum is considered bad by USCIS?
Renewing passport right before applying for asylum
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1AurCitizen
Registered Users (C)
On the other hand, I need a valid passport to maintain my legal status in the US.
That is not the case.
A valid i94 is evidence of legal status.
That is not the case.
A valid i94 is evidence of legal status.
I’m on a student status and USCIS asks for a valid passport for OPT extension
1AurCitizen
Registered Users (C)
For extension, yes, but not as a requirement to maintain legal status.
I don’t see why I’m obligated to apply for asylum with the same passport that I used for entering the US. I’ve been living in the US on status for three years and my old passport is about to expire. I know that USCIS will know about my passport renewal before asylum. I just want to know if that’s an issue.
I'm glad that you are working out issues before applying. My advice is that you need to make sure that your facts are correct and line up. One assumption is that people granted asylum are 'stateless' = (they don't get benefits from their countries of origin. Benefits = including being issued a passport). Your facts have to line up: you can't claim being stateless, when you are still drawing benefits from your mother country, government issued benefits, including pension, passport, etc. Asylees/refugees, are people who have lost the protection of their country.
But then again, there is always exceptions. For example, if your asylum case is based on past torture or fear of future persecution by 'non-government' actors, theoretically, you can renew your passport, get your monthly pension check from your home country openly. But what you have to know is that 'situations' that you end up needing to explain to the judge/USCIS, diminish your chances of getting your case approved. The rule of thumb is simple: Do not do, or introduce variables to your case that make it hard to understand. Getting government benefits is one sure way to introduce a weird, difficult variable to your case.
Do not do anything additional that forces you to explain yourself to USCIS/Judge. Like, for most, we have been asylees for a long time. I suppose, we could all go to our home countries to take vacations, if it is now safe. Be we don't do that, we know we will have to explain these visits to the citizenship officer. Sure, one could say I went home because my grandmother died....but this could be evidence you are no longer a refugee. To avoid these situations, most of us are here, waiting for citizenship before going back, if it is now safe to do so. Good luck.
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1AurCitizen
Registered Users (C)
I fail to understand why anyone claiming to be persecuted seeks a benefit from said COP.
The verbiage of OP's posts and previous threads make asylum appear to be optional and means to an end (PR).
The verbiage of OP's posts and previous threads make asylum appear to be optional and means to an end (PR).
Stateless and refugee/asylee isn't the same thing. A stateless person is someone who isn't recognized by any government and cannot obtain a passport from any country. Even after being granted asylum/refugee status, that doesn't make you stateless if your country of origin still recognizes you as a citizen.
Applying for a passport BEFORE being granted asylum isn't an issue, even while the application is pending. If you go through USCIS documentation and adjudication procedures, you'll see that issues arise only if you get benefits from your country AFTER you gain asylum.
You know your situation better than us. If USCIS is asking you for a valid passport for whatever reason, then they can't hold it against you for renewing it later on while processing your asylum application. However, as pointed out above, your stories need to match. If your asylum claim is based on persecution by/from the government, then applying for a passport would fly in the face of that claim, and you're likely to run into issues. If your claim is based on belonging to a protected group, then renewing your NP before you are granted asylum isn't an issue.
Applying for a passport BEFORE being granted asylum isn't an issue, even while the application is pending. If you go through USCIS documentation and adjudication procedures, you'll see that issues arise only if you get benefits from your country AFTER you gain asylum.
You know your situation better than us. If USCIS is asking you for a valid passport for whatever reason, then they can't hold it against you for renewing it later on while processing your asylum application. However, as pointed out above, your stories need to match. If your asylum claim is based on persecution by/from the government, then applying for a passport would fly in the face of that claim, and you're likely to run into issues. If your claim is based on belonging to a protected group, then renewing your NP before you are granted asylum isn't an issue.
Applying for a passport isn't necessarily seeking a benefit from your COP, and even USCIS recognizes this on their documentation - "Some countries may issue passports without intending any protection to the recipient."
Until you are actually granted asylum, you still need your COP passport whether you want it or not, especially if you're abroad. There are many many situations that could arise where having a valid passport is absolutely necessary. Also, we all understand that while going back to COP until attaining citizenship must be avoided at all costs, sometimes a real need arises that forces us to go back. In which case, many countries won't let you in with an RTD if you're a citizen of that country, and you MUST use your passport. My country is one of those. So having a valid passport, even while in refugee/asylee status is a good idea just in case you must absolutely use it. Not because you're seeking protection of your COP, but because of procedural circumstances.
If your asylum is based on persecution by the government then renewing passport will raise a huge red flag on your case, and could be a factor that the officer might consider to deny your asylum case. You need to build a solid argument about how your renewing passport doesn't mean that you are safe from persecution. Let alone that you are paying money to the government that is persecuting you. Applying for opt is not a solid argument, and the officer might tell you that you don't need opt if you are applying for asylum since you can have a work permit if your asylum is pending for over 150 days. In fact, work permit through pending asylum is much better than opt, since it is unconditional (open market) and last longer and can be easily renewed. Put your self in the officer's shoes, what will you do if you interviewed an asylum applicant, who you don't know and never met, and just before applying for asylum this person renewed their passport for a benefit that he will get from his asylum application anyways? How would you judge that person? Asylum is not a piece of cake, and officers are not naive.
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busydoingnothin
Active Member
I know someone who renewed their passport while waiting for an asylum interview and got their case approved.
I just don’t get why people claim to seek protection from their home country and then go and renew their NP? This is the situation where I wouldn’t recommend trying to sit on the fence.
I just don’t get why people claim to seek protection from their home country and then go and renew their NP? This is the situation where I wouldn’t recommend trying to sit on the fence.
tinaina
Active Member
I renewed my passport six months before I applied for asylum but at that moment I actually didn't know I was going to apply for my asylum in a couple months.
Nevertheless, in my interview the officer wanted to see an unexpired passport.
Also I remember someone in this forum mentioned that they didn't have an unexpired passport on the interview day and the officer told them they still could have and should have renew their passport.
You need a valid identity I'd and your driver license can be extended based on your passport and status.
You considered an stateless person if and only if you were granted asylum.
Renewing passport totally depends on the nature of your asylum claim, so if your asylum is based on persecution from the government of your country then it is not recommended to renew passport, otherwise I don't think it can be a problem. But, there is no way, and under all circumstances, an officer will tell an asylum applicant that they should renew their passport, this is false and cannot be correct. If you have asylum application with USCIS then your driver's license can be renewed without any issues, and regardless of the passport validity. One more thing, asylum is a status, and you are considered in status if you were granted asylum, in fact it is called "Asylum status".
There is a huge a difference between the asylum EAD and OPT work permit. If you're asylum is rejected while you're on Asylum EAD, you will be referred to the immigration court and deportation becuae you're not in legar status. However, OPT gives me a legal status. Thus, if I don't get the asylum I won't be deported and I will have a chance to apply for Employment based green card later.
I totally see your point about the whole passport renewal having a negative impact on the officer's impression of me. I won't do it.
Hey tinaina,
The officer will definitely know that I had a solid intention of applying for asylum before I renewed my passport because I met with my lawyer about the asylum application before I tried to have my passport renewed. Considering that, do you think it's a bad idea to renew my passport right before the asylum petition?
I consulted with a lawyer and he said it should not be a problem as I need a valid passport to maintain and extend my legal status in the US.
You are correct about obtaining legal status via opt. I think you can argue that you renewed your passport to maintain valid status in case your asylum got rejected, and you need to prove that the embassy of your country renews passports for all citizens without any exceptions, even those who are against it and subjected to persecution once returned to the country. I think the officer might understand that point. But it is still risky thing to do, especially these days. In addition to applying for asylum, did you consider applying for NIW (national interest waiver) instead of opt? You don't need a valid passport for NIW. You might be eligible for NIW, but you need to consult a very experienced lawyer to determine that.
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If my asylum gets denied while I am on asylum EAD and not OPT, I will be deported but OPT give me a legal status in the US (unlike a pending asylum application) and if asylum is denied, I can stay in the US and even apply for an employment based green card
1AurCitizen
Registered Users (C)
Dude- why is there ambivalence about asylum? Either you are persecuted and require asylum, or you would be applying only to get a green card. Which is it?
On one hand you state 'I wont do it', then turn around and ask whether it's a good idea, as in you are considering that path.
Jeez, you want your cake and wanting to eat it too