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I applied together with my family to seek asylum in France. Currently, I live in France. We submitted all our passports to the France asylum department. If I am granted a U.S. visa, how can I travel to the U.S. without a passport?
asked Jan 2, 2023 in Asylum proceedings by najib.madadi | 158,470 views

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2 Answers

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Dear @najib.madadi, 

Welcome to the Wefugees Community and thank you for your reaching out to us. 

The Wefugees Platform as well as our experts are based in Germany and we usually discuss all kind of topics around life in Germany (especially refugee questions) here. Therefore, I’m afraid that we cannot share much of information in respect to other countries’ migration/residence rules and procedures. What came to my mind first was that it’s probably already difficult to apply for the visa without a passport in the first place. In case you manage and you are planning to leave (please keep in mind that most probably your asylum case will be closed then), it should be possible to get your documents back. I guess the authorities wouldn’t have any interest in keeping them. Maybe other community members can share experience as well. 

All the best, 

Meike

answered Jan 4, 2023 by Meike
0 votes

Hello Najib,

if you have applied for asylum in France and submitted your passports to the French asylum authorities, you cannot legally travel to the U.S. (or any other country) without a valid travel document. Even if you are granted a U.S. visa, you will need a passport or an equivalent travel document to leave France and enter the United States.

What You Need to Travel

  • Passport or Travel Document: Airlines and border authorities require a valid passport or official travel document for international travel. Your asylum file and receipt from the French authorities are not sufficient for travel.

  • U.S. Visa: The visa must be stamped in a valid travel document.

What Are Your Options?

  • Request the Return of Your Passport: If your asylum procedure is still ongoing, the French authorities typically keep your passport to prevent you from traveling back to your country of origin or elsewhere, which could affect your asylum claim. You can request the return of your passport, but this is rarely granted before the asylum process is completed, and doing so may be interpreted as a sign you no longer fear persecution in your home country, potentially jeopardizing your asylum application.

  • Apply for a Refugee Travel Document: If you are granted refugee status or subsidiary protection in France, you can apply for a "titre de voyage" (refugee travel document) from the French authorities. This document, issued under the 1951 Geneva Convention, allows you to travel internationally (except to your country of origin) and can be used to obtain a U.S. visa and board a flight. 

  • If Still in the Asylum Process: While your asylum case is pending, you generally cannot get a travel document from France. If you urgently need to travel, you must make a special request to the French asylum office (OFPRA or the prefecture), but such requests are rarely approved unless there are exceptional humanitarian reasons.

Important Considerations

  • Do Not Contact Your Embassy: If you apply for a new passport from your home country’s embassy while your asylum claim is pending, French authorities may consider this as evidence that you no longer fear persecution, which could undermine your asylum claim. 

  • Travel Without Passport Is Not Possible: Airlines and immigration authorities will not allow you to travel internationally without a valid passport or travel document, regardless of visa status.

Next Steps

  • If you are granted asylum or subsidiary protection, I would apply for a refugee travel document from the French authorities.

  • If your asylum case is still pending, I would consult with a legal advisor or your local prefecture for guidance on exceptional travel needs.

  • Do not attempt to travel without a valid passport or travel document, as you will not be allowed to board a flight or enter the U.S.

If you need legal assistance, consider reaching out to a refugee support organization or a lawyer specializing in asylum law in France in your case. 

All the best, 
Vladimir

PS: I'm not a Lawyer, I just happen to have read to much about Asylum Procedures. 

answered Apr 19 by Vladimir754
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