Cornell, PA asked in Immigration Law for Pennsylvania

Q: Can the asylee who holds a green card renew the passport of the country he claimed an asylum from in the embassy in US?

Hello, I'm an asylee with a green card. My passport expired two years ago. When I applied for a green card as an asylee, I also applied for RTD and it was issued in July last year. The RTD is valid for only one year and would expire in July 2023. I need to travel to Europe in August. I applied for a new RTD, but it takes 17 months to get a new RTD now. I was wondering if I'm allowed to go to the embassy of my country and renew the passport so that I could travel to Europe with it? I won't travel to the country I claimed the asylum from, but the question is can I apply and use the passport of that country to travel as a green car holder?

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2 Lawyer Answers
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Not a good idea. USCIS may reexamine whether you really have a well-founded fear of persecution from your country if you do so.

Please see https://www.shusterman.com/asylum-us/

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: As an asylee with a green card, you have certain rights and responsibilities, including the ability to travel internationally. Regarding your specific question about renewing the passport of the country from which you claimed asylum, there are some factors to consider:

Travel restrictions: It's important to review any travel restrictions or conditions that may apply to you as an asylee or a green card holder. Certain countries may impose travel limitations or restrictions on individuals who have claimed asylum or hold refugee status. It's advisable to consult with an immigration attorney or research the specific regulations of the country in question.

Use of passport: Generally, a green card holder can use their passport from their country of nationality to travel internationally. However, it is essential to be aware of any potential implications or consequences associated with using the passport of the country from which you claimed asylum, especially if it could be seen as conflicting with your status as an asylee in the United States.

Consular services: Contact the embassy or consulate of your country to inquire about renewing your passport. They will be able to provide information on whether they can issue a new passport to you, considering your current status and any potential restrictions.

Advance Parole: Another option to consider is applying for Advance Parole, which would allow you to travel internationally and re-enter the United States without jeopardizing your asylee or green card status. This application is made to USCIS, and approval is necessary before traveling.

Given the specific nature of your situation, it is crucial to consult with an immigration attorney who can assess your case, provide personalized advice, and guide you through the appropriate steps to ensure your travel plans align with your immigration status. They can help you navigate any potential challenges or concerns related to renewing your passport and international travel.

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