I see your point but at the end of the day, it is the officer who decides whether I am eligible for asylum or not. What if he thinks I'm border-line eligible but not enough to be granted asylum. I don't want to put all my eggs in the asylum basket and I secure a safety plan too.
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Renewing passport right before applying for asylum
- Thread starter MJ_irani
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- passport renewal
1AurCitizen
Registered Users (C)
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.
Considering that, do you think it's a bad idea to renew my passport right before the asylum petition?
These two don't jibe
I can potentially apply for NIW in 2-3 years from now and in addition to that there is a company that’s willing to sponsor me. These two routes to green card require me to maintain my student status. I don’t want to throw these options away and apply for asylum EAD instead of OPT.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.
You are putting yourself in a very complicated situation. If you have a strong and legitimate asylum case then go for that first, these days usually you will get the interview within a month. The current administration tends to deny asylum more than granting, and officers are being directed to deny asylum based on smallest concerns. So if you have a strong case don't blow it away with renewing passport. I do understand your need to keep a valid status, it is completely reasonable measure, but you have to be careful. If I were you I will do my best to avoid renewing my passport if I am determined to apply for asylum based on persecution from the government. You need to work with a very strong attorney, even if they will charge you more money, it worth it, and don't base your final decision on this post. The final decision is yours, and you have to be prepared for all scenarios, especially the ugly ones. Plan for the worst, and hope for the best.I can potentially apply for NIW in 2-3 years from now and in addition to that there is a company that’s willing to sponsor me. These two routes to green card require me to maintain my student status. I don’t want to throw these options away and apply for asylum EAD instead of OPT.
Thanks for your advice. I have consulted with two attorneys so far and one of the gave me the same advice as you did. I think it makes total sense not to renew the passport and give the officer an excuse to reject me, especially because I can get an interview in 4-6 weeks with the new system and I won’t have to wait for long.You are putting yourself in a very complicated situation. If you have a strong and legitimate asylum case then go for that first, these days usually you will get the interview within a month. The current administration tends to deny asylum more than granting, and officers are being directed to deny asylum based on smallest concerns. So if you have a strong case don't blow it away with renewing passport. I do understand your need to keep a valid status, it is completely reasonable measure, but you have to be careful. If I were you I will do my best to avoid renewing my passport if I am determined to apply for asylum based on persecution from the government. You need to work with a very strong attorney, even if they will charge you more money, it worth it, and don't base your final decision on this post. The final decision is yours, and you have to be prepared for all scenarios, especially the ugly ones. Plan for the worst, and hope for the best.
I think asylum, is a last resort option for many people. Even those with genuinue cases, the hesitate....are ambivalent about applying for it. Generally speaking, people don't really want to turn their backs on family, friends, etc....But then again, even if you do decide to apply, with a genuine case, there is always probability of failure. So it makes sense to try to stay legal....these are difficult decisions. very hard stuff. Not everyone who is persecuted wants to apply for asylum....maybe the persecutors will die off, or they will be overthrown, etc. So...blah blah...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
In my first post to this thread, I clearly said don't do it, don't renew it. I gave reasons for that. After all the contributions, the conclusion from everyone is the same. Good luck.Thanks for your advice. I have consulted with two attorneys so far and one of the gave me the same advice as you did. I think it makes total sense not to renew the passport and give the officer an excuse to reject me, especially because I can get an interview in 4-6 weeks with the new system and I won’t have to wait for long.
I think the understanding on this issue is different for different people here. Legally, applying for the passport before submitting your case is not an issue. But his situation is different: What he is saying is that, everything about his case is a go, but he is thinking of renewing his passport before case submission. In the asylum process, at least for affirmative asylum, perceptions matter. You need to convince the asylum officer that you are CREDIBLE. How do you do this? You limit providing a 'perception' that you are not a persecuted individual. Heck...this is super important because there are fine margins involved when an AO makes a decision. Do not give him the impression that you are not persecuted. This is why we are saying he should not renew the passport. We are not saying that it is illegal to renew the passport before case submission. Our advice is valid, even if USCIS field manual says that countries my renew passports without intending providing protection. Like we said, it is not illegal to get COP govt benefits, but it sure does create a strange perception that you are not a persecuted individual. Like I always say, don't do weird stuff that require explanation: AOs love clear cut cases, introducing difficult situations in your case, one sure way to make them deny your case.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.
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.
You dropped the whole paragraph before that sentence you got from USCIS policy manual, that is very misleading, here is the full paragraph:
"In the absence of proof to the contrary, a refugee who applies for and obtains a national passport or its renewal will be presumed to have intended to re-avail or return to the protection of the country of persecution. However, obtaining other documents, such as birth or marriage records, cannot be regarded as re-availment of protection. Some countries may issue passports without intending any protection to the recipient."
-source: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-20165/0-0-0-20211.html
There IS liability for renewing passport and the applicant should be ready and fully prepared to explain that to the AO. There will be a burden of proof on the applicant... without a single doubt.
sammyboy34
New Member
I believe this is in regard to issuing a travel document to permit a refugee to travel to the country of last residence or nationality.In that case, renewing a passport is certainly not credible. I know people applying for asylum have renewed their passport, just to maintain their legal status but once they get their EAD and later approval, they don't need that anymore.Also, it matters from case -by- case basis, and renewing your passport to create additional doubt in AO, is not certainly a good idea.
I agree with you. I decided not to renew my passport to avoid having to explain it to the AO. If I end up needing a valid passport to extend my student status and I haven't got my approval by that time, I will have to renew my passport.I believe this is in regard to issuing a travel document to permit a refugee to travel to the country of last residence or nationality.In that case, renewing a passport is certainly not credible. I know people applying for asylum have renewed their passport, just to maintain their legal status but once they get their EAD and later approval, they don't need that anymore.Also, it matters from case -by- case basis, and renewing your passport to create additional doubt in AO, is not certainly a good idea.
You dropped the whole paragraph before that sentence you got from USCIS policy manual, that is very misleading, here is the full paragraph:
"In the absence of proof to the contrary, a refugee who applies for and obtains a national passport or its renewal will be presumed to have intended to re-avail or return to the protection of the country of persecution. However, obtaining other documents, such as birth or marriage records, cannot be regarded as re-availment of protection. Some countries may issue passports without intending any protection to the recipient."
-source: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-20165/0-0-0-20211.html
There IS liability for renewing passport and the applicant should be ready and fully prepared to explain that to the AO. There will be a burden of proof on the applicant... without a single doubt.
I dropped it because it's not relevant. "In absence of proof to the contrary, a refugee who applies for and obtains..." Renewing your COP passport is only an issue AFTER you have been granted asylum. The term is always "re-availment," not availment. I understand the abundance of caution that users here have around COP passports, but this is only a major issue if you do it after asylum has been granted, or if your claim is based on government persecution.
I dropped it because it's not relevant. "In absence of proof to the contrary, a refugee who applies for and obtains..." Renewing your COP passport is only an issue AFTER you have been granted asylum. The term is always "re-availment," not availment. I understand the abundance of caution that users here have around COP passports, but this is only a major issue if you do it after asylum has been granted, or if your claim is based on government persecution.
With all respect, your reasoning does not make any sense! How an action will be bad for your asylum case after you win asylum but it is not bad before you win the asylum case??!! It doesn't make any sense! It is easier for USCIS and the AO to reject your case rather than approve it and provoke their own approval later! Why would an action be considered violating asylum after winning asylum but it is totally not a problem before winning asylum?? I honestly can't understand that point!
With all respect, your reasoning does not make any sense! How an action will be bad for your asylum case after you win asylum but it is not bad before you win the asylum case??!! It doesn't make any sense! It is easier for USCIS and the AO to reject your case rather than approve it and provoke their own approval later! Why would an action be considered violating asylum after winning asylum but it is totally not a problem before winning asylum?? I honestly can't understand that point!
Because you don't yet have the refugee status. It's called a legality, and it's really not that complicated. The rules, privileges, and restrictions for refugees don't apply to you until you have become a refugee. For example, you are obtaining free insulin from your COP because you're a diabetic. And then you apply for asylum based on your sexual orientation. Applying for and receiving health benefits from your COP is also grounds for termination of asylum. However, USCIS wouldn't expect you to stop receiving insulin from your COP while your application is pending. After you have been granted asylum, with proper status in the US, you can now obtain insulin from clinics here. But USCIS understands that you still have ties to your country and you will require documentation and other "benefits" from that country until you have the limited protection of the US.
Again, this is based on my personal experience and USCIS documentation. Even before I became a refugee myself, I was surrounded by people with that status and have never seen anyone get in trouble for using/renewing their COP passport under the right circumstances. I also understand the abundance of caution that people here seem to have about this subject and respect it. If you don't feel comfortable doing it, then you shouldn't do it.
You can't compare a life or death situation to renewing passport. Health issues are almost always legitimate, and you can get health care here, even for free, without holding a status or even being legal, especially when it is related to critical health service like insulin. Still, the reasoning for your judgement doesn't make any sense, in my opinion. Besides, there is no need to be cautious about renewing passport if it is not going to be harmful before getting asylum. I know many people got their asylum rejected for smaller and much less obvious things, so renewing passport will be a free gift to the AO if he/she wants to deny your asylum case, especially these days. Of course I am talking in case your asylum is based on persecution from the government in particular. Any experienced and legitimate lawyer will tell you not to renew your passport should you apply for asylum based on persecution from the government.Because you don't yet have the refugee status. It's called a legality, and it's really not that complicated. The rules, privileges, and restrictions for refugees don't apply to you until you have become a refugee. For example, you are obtaining free insulin from your COP because you're a diabetic. And then you apply for asylum based on your sexual orientation. Applying for and receiving health benefits from your COP is also grounds for termination of asylum. However, USCIS wouldn't expect you to stop receiving insulin from your COP while your application is pending. After you have been granted asylum, with proper status in the US, you can now obtain insulin from clinics here. But USCIS understands that you still have ties to your country and you will require documentation and other "benefits" from that country until you have the limited protection of the US.
Again, this is based on my personal experience and USCIS documentation. Even before I became a refugee myself, I was surrounded by people with that status and have never seen anyone get in trouble for using/renewing their COP passport under the right circumstances. I also understand the abundance of caution that people here seem to have about this subject and respect it. If you don't feel comfortable doing it, then you shouldn't do it.
My two cents here is that, AOs have been given express permission to limit immigration by the govt. They are using all manner of small issues to reject asylum requests. Therefore, it is imperative to stay clear of such things as renewing passports, even if it is permitted.
Reading this thread, I am afraid we may have messed up in renewing my partner's passport. He is not applying for asylum due to government persecution, rather through his affiliation with a social group. He has not traveled, has not received any aid from his COO since his arrival here, he renewed it so that he would have some form of ID that had valid dates. He does have a lawyer so if it came up during the interview I hope it was able to be explained, but I just really hope that we did not hurt his case by doing this.
Timeline:
I-589 Received - September 2020
Passport Renewed - November 2020
Biometrics - February 2021
Interview - June 2021
Timeline:
I-589 Received - September 2020
Passport Renewed - November 2020
Biometrics - February 2021
Interview - June 2021
FYI. Having not introduced weird situations to my case since asylum application, referral to court, and subsequent asylum grand, I had a clean file, hence sailed through my 10 min citizenship interview and approval. Until you complete the process, stay clear of strange situations - arrests, convictions, DUIs, COP benefits, COP visits, etc. Good luck.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.