what can be done about the situation with the Refugee Travel Document?

[nss2009]

as you all know the an asylee can't use a passport from COP as it's considered availing yourself to the protection of the country pf prosecution . the only option an asylee/refugee has for traveling abroad is using RTA refugee travel document which is only valid for one year ,not recognized by all countries and currently processing takes up to one year , effectively making it useless to travel freely . the government /USCIS can easily extend the validity of the document to 5 or 10 years like it was recommended in 2005 link .

what can be done about that ? can asylee sue the government for making it difficult for asylee to travel and return to the US easily ?

 

[insoutenable]

If your COP government is your persecutor, then you have to use RTD or wait until you get citizenship. You can maybe petition to your congressperson and they could maybe introduce law to increase RTD validity.

If your COP government isn’t your persecutor:
Get your greencard, and then you can use your COP passport as long as your country’s government isn’t your persecutor. When you get your greencard, you are no longer an asylee, and aren’t subject to termination of status because of reavailment. However, going back to COP might make USCIS question your asylum application and could terminate it.

From USCIS website:
You must have a refugee travel document to return to the United States if you:

• Have refugee or asylee status but are not a lawful permanent resident (Green Card holder)

So if you have a green card, you don’t need refugee travel document. BUT if your government is your persecutor, and you use your COP passport, USCIS might interpret your asylum application as fraudulent and you might get your greencard status terminated be deported.

I suggest speaking to an immigration attorney before using your COP passport to make sure it doesn’t conflict with your asylum application story

Additional proof you don’t need RTD with greencard:

Refugee Travel Document (Form I-131) - Nilsen Immigration Law

A refugee travel document is an official document, similar to a passport issued by USCIS to refugees or asylees, allowing them to travel.

nilsenimmigrationlaw.com

Applying for a Refugee Travel Document

You can travel outside the U.S. as a refugee or asylee, but get a refugee travel document first.

www.nolo.com

(this is not legal advice)

 

[newacct]

Once you get a green card, Re-entry Permit is another option. It's valid for 2 years (so slightly longer, but still not very long). But it might be accepted less by some countries than a Refugee Travel Document.

 

[DoubleAA]

Once you get a green card, Re-entry Permit is another option. It's valid for 2 years (so slightly longer, but still not very long). But it might be accepted less by some countries than a Refugee Travel Document.

I prefer RP to RTD based on validity and paperwork.

 

[Gm85]

what if someone's asylum file says that the basis of their claim is "fears to be harmed by the general population of their country of nationality on account of their membership in the group "sexual minorities of that country". would u think they could use their National Passport? no to travel to their country of nationality of course no.

 

[wagecuck3]

So if you have a green card, you don’t need refugee travel document. BUT if your government is your persecutor, and you use your COP passport, USCIS might interpret your asylum application as fraudulent and you might get your greencard status terminated be deported.

I don't believe that this is an actual thing that happens.

A revocation of asylum based on fraud can only be made based on clear and convincing evidence of fraud. Now, if, in fact, you did lie on your asylum application and got approved, then any later scrutiny of that application puts your status at risk since DHS may uncover evidence that you lied. But if you were honest on your application, then DHS should not be able to find clear and convincing evidence that you were dishonest. The mere fact that an asylee has used a passport issued by the country whose government persecuted them is not clear and convincing evidence of anything. Using a passport does not imply that you trust the government that issued that passport to protect you. For most people in the world, a passport is nothing more than a document they are obligated to present in order to travel internationally.

But, if you use a passport issued by the COP and while you are abroad, you request consular assistance from the COP, then the US government might conclude that you no longer feel persecuted by the COP government if you're willing to trust them with consular assistance. But if you already have a green card, then it doesn't matter. Once you already have a green card, there is no requirement to continue fearing persecution in order to keep your green card. The past is the past.