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pm5k

Stateless relative - sponsorship even possible?

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Unfortunately many countries have complicated political issues. If someone would like to sponsor a relative who is stateless, is there even a way? Does the US issue refugee travel documents to people who are not on US soil first?

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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Filed: Country: Vietnam (no flag)
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More information is needed. How did this person become stateless? Where is this person right now? Is this person in a refugee camp? What is the exact familial relationship to the US person? Is the US person a US citizen or LPR?

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Filed: Citizen (apr) Country: Ireland
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Can't the person's current country of residence issue them a refugee travel document?

Yes, that would be the "normal" way.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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In this case, the person is a parent of a USC, who is a member of a minority in Pakistan. The local government has refused to renew the parent's national ID card, without which a passport cannot be obtained. A lack of national ID card also means no ability to own property, open bank accounts, attend school, or vote (things that a citizen can do). Legal avenues over there have remained fruitless.

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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Filed: Country: Vietnam (no flag)
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In this case, the person is a parent of a USC, who is a member of a minority in Pakistan. The local government has refused to renew the parent's national ID card, without which a passport cannot be obtained. A lack of national ID card also means no ability to own property, open bank accounts, attend school, or vote (things that a citizen can do). Legal avenues over there have remained fruitless.

The USC can petition the parent the normal way. The parent will have to resolve his/her passport issue. The parent is neither stateless or a refugee. The parent just can't meet local rules to get a passport. There is nothing the US can do to circumvent local laws.

Edited by aaron2020
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The USC can petition the parent the normal way. The parent will have to resolve his/her passport issue. The parent is neither stateless or a refugee. The parent just can't meet local rules to get a passport. There is nothing the US can do to circumvent local laws.

If all requirements are met, but the local government does not want to give a travel document simply based on ethnic origin, how is that not stateless?

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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Or does there have to be some official decree stating that "such and such ethnic groups are not citizens" to be considered stateless?

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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Filed: Citizen (apr) Country: Ireland
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They are citizens by current Pakistani law, it is the local government who makes things difficult for them by refusing the card. That doesn't make them stateless, it just means the local government are obstructionist.

They will need to try other avenues. Perhaps they can move within the country to somewhere more friendly?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: K-1 Visa Country: Wales
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How was the child able to get a passport?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Timeline

I suspect that contacting a congressperson is the right way to approach this. It seems like safety and human rights are at stake; if the situation is dire enough, move to a district where your representative seems to be responsive to requests like yours.

The same government that allowed your transition to US citizenship is not necessarily the same government that refuses to issue a passport for the beneficiary. Reasons like these are why the current US policy allows for the congressperson to intervene.

Click the "Spoiler" button to see our full timeline.

I-129F Sent : 2016-02-13

I-129F NOA1 : 2016-02-19

I-129F NOA2 : 2016-04-18

I-129F NOA2 (printed) : 2016-04-22

NBI, CENOMAR, Birth Certificates, Passport Complete: 2016-05-02

NVC Acknowledged Case: 2016-05-06

NVC Assigned Case Number: 2016-05-09

CFO Certificate: 2016-05-12

Medical Complete: 2016-05-17

Interview Passed: 2016-05-23

CEAC Status "Administrative Processing": 2016-05-23

CEAC Status "Issued": 2016-05-24

2GO in transit: 2016-05-26

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Married: 2016-07-16

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AP Status "Case was approved" : 2016-11-02
EAD Status "Card is has been delivered to me by USPS" : 2016-11-18 (Status never said "mailed")
I-485 Status "New Card is being produced":2016-11-22

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Filed: Other Timeline

They are citizens by current Pakistani law, it is the local government who makes things difficult for them by refusing the card. That doesn't make them stateless, it just means the local government are obstructionist.

They will need to try other avenues. Perhaps they can move within the country to somewhere more friendly?

This, too.

Click the "Spoiler" button to see our full timeline.

I-129F Sent : 2016-02-13

I-129F NOA1 : 2016-02-19

I-129F NOA2 : 2016-04-18

I-129F NOA2 (printed) : 2016-04-22

NBI, CENOMAR, Birth Certificates, Passport Complete: 2016-05-02

NVC Acknowledged Case: 2016-05-06

NVC Assigned Case Number: 2016-05-09

CFO Certificate: 2016-05-12

Medical Complete: 2016-05-17

Interview Passed: 2016-05-23

CEAC Status "Administrative Processing": 2016-05-23

CEAC Status "Issued": 2016-05-24

2GO in transit: 2016-05-26

Visa in hand: 2016-05-27 (Manila)

POE: 2016-05-29

Married: 2016-07-16

AOS Sent: 2016-08-24

NOA Email: 2016-08-31
Biometrics: 2016-09-29
EAD Status "New Card is being produced" : 2016-11-02
AP Status "Case was approved" : 2016-11-02
EAD Status "Card is has been delivered to me by USPS" : 2016-11-18 (Status never said "mailed")
I-485 Status "New Card is being produced":2016-11-22

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  • 2 weeks later...

They are citizens by current Pakistani law, it is the local government who makes things difficult for them by refusing the card. That doesn't make them stateless, it just means the local government are obstructionist.

They will need to try other avenues. Perhaps they can move within the country to somewhere more friendly?

Catch 22, as one needs an ID card to travel between provinces

Edited by pm5k

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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  • 10 months later...

Update: Legal avenues, while long and nerve-wracking, have been productive.  Relative now has a passport.

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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