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Can a derivative asylee (a wife of a principal asylee) renew her national passport and travel outside of USA ?

New York, NY |

Would that be considered as re-availing asylum status if a derivative asylee renew a national passport and travel on it? in this case a wife of a principal asylee who was included in the case originally wants to renew her passport and travel abroad (Not the country of prosecution). She has the same citizenship as her husband i.e the citizenship of the country from which asylum was granted. However wife does not have any fear of being prosecuted in the COP and she was granted asylum as a dependent only. Also would that be possible to travel with both national passport and refugee travel document? the latter would be used to be admitted back to USA (in case GC is still not received). Thank you.

Attorney Answers 2

  1. There should be no problem traveling to a non-COP country for either the asylee or the derivative asylee. She should have the travel document with her.

  2. Re-availment does not typically apply to derivatives. She can travel on her passport and even return to the country of persecution because she is not the principal. The principal should not use a passport from the country of persecution (should use travel document instead) and should not return to same country.

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