Obtaining a second passport at an embassy
The question of whether it is possible to obtain a second passport at an embassy is based on a number of different opinions and views, even among lawyers.
Let's take a look at the arguments for and against and discuss them in turn.
Opponents of an embassy visit express the following opinions:
Let's look at each of these arguments in turn.
1. Looking at the definition on Wikipedia, we note the last paragraph, which says: "Contrary to popular belief, the Vienna Convention does not specify that the territory of an embassy is the territory of the country to which the embassy belongs.
It should also be noted that if the embassy were considered part of another country, it would mean that you were a temporary foreign national leaving U.S. territory to visit the embassy and re-entering its territory. This situation, in turn, would require the presence of Border Patrol agents upon entering and leaving the Embassy, as well as visa stamps and the issuance of Form I-94 in your passport.
Therefore, considering the above factors, it can be argued that a visit to the embassy clearly does not involve leaving U.S. territory.
2. There are no law enforcement officers at the embassy, so no one will arrest you. They do not have the authority or capacity to do so. Even if you are wanted by your own country, you can be extradited only with the permission of the local authorities (e.g. in the USA) and the police. The opinion of a Belarusian diplomat on this issue is available at the link. Similarly, the opinions of various Russian lawyers can be studied here. Thus, the fear of being arrested or persecuted in your country does not mean that you should be afraid to visit an embassy.
3. Some advocates believe that applying for a passport at a consulate could be interpreted as seeking protection from the government, which could undermine or invalidate the asylum claim.
For example, a sample letter to an Immigration and Customs Enforcement (ICE) officer can be found on the website of the advocacy organization Tahiri. There is also a video of an example where a law firm in the U.S. recommends against going to the consulate because it may raise suspicion that you are "technically in another country" (in their words). The resource has information on the I-31 travel document application, which states that "a refugee who applies for or renews a national passport is deemed to have the intent to reapply for protection in the country of oppression.
4. Basically, Immigration Control Officers (ICE) do not care whether you have visited the embassy or not. Their job is to keep an eye on you and, if they have a court order to deport you, to find you and make the process go smoothly. They cannot pay much attention to every embassy visit because they have hundreds of other cases and visits every day.
Ultimately, it will be up to the judge or officer at the interview to decide whether the embassy visit will be considered a request for protection from the government. You must be able to explain why you went to the embassy, how necessary it was for you, and why you were not intimidated by the visit. Consult your attorney for his or her opinion on this matter. If you do not have an attorney, it is recommended that you carefully consider all the arguments and make your own decision. Please note that the above information does not constitute legal advice.
Important information about the passport application process:
The process of applying for a passport is conducted exclusively in the personal presence of the applicant at the Consular Section.
All offers from companies that promise to issue a passport without your participation are illegal and not allowed.
The process of obtaining a passport may take up to three months. However, you do not need to visit the embassy again to get a passport. Postal delivery is possible, you can find out the conditions on the page.
More information about consular visits can be found on the following page.
Let's take a look at the arguments for and against and discuss them in turn.
Opponents of an embassy visit express the following opinions:
- Applying for a second passport at an embassy, according to this argument, means leaving U.S. territory and returning to the country from which one fled, which is seen as a potential risk of persecution.
- Seeking help at the embassy suggests that you have no fear of persecution in your home country, with the result that if U.S. authorities find out, your case could be lost. As a result, wanted persons are immediately arrested.
- Seeking assistance from the country from which you are seeking asylum can be used as evidence that you need the protection (services) of that country.
- There is a perception that Immigration and Customs Enforcement (ICE) sends people to the embassy specifically to begin deportation proceedings.
Let's look at each of these arguments in turn.
1. Looking at the definition on Wikipedia, we note the last paragraph, which says: "Contrary to popular belief, the Vienna Convention does not specify that the territory of an embassy is the territory of the country to which the embassy belongs.
It should also be noted that if the embassy were considered part of another country, it would mean that you were a temporary foreign national leaving U.S. territory to visit the embassy and re-entering its territory. This situation, in turn, would require the presence of Border Patrol agents upon entering and leaving the Embassy, as well as visa stamps and the issuance of Form I-94 in your passport.
Therefore, considering the above factors, it can be argued that a visit to the embassy clearly does not involve leaving U.S. territory.
2. There are no law enforcement officers at the embassy, so no one will arrest you. They do not have the authority or capacity to do so. Even if you are wanted by your own country, you can be extradited only with the permission of the local authorities (e.g. in the USA) and the police. The opinion of a Belarusian diplomat on this issue is available at the link. Similarly, the opinions of various Russian lawyers can be studied here. Thus, the fear of being arrested or persecuted in your country does not mean that you should be afraid to visit an embassy.
3. Some advocates believe that applying for a passport at a consulate could be interpreted as seeking protection from the government, which could undermine or invalidate the asylum claim.
For example, a sample letter to an Immigration and Customs Enforcement (ICE) officer can be found on the website of the advocacy organization Tahiri. There is also a video of an example where a law firm in the U.S. recommends against going to the consulate because it may raise suspicion that you are "technically in another country" (in their words). The resource has information on the I-31 travel document application, which states that "a refugee who applies for or renews a national passport is deemed to have the intent to reapply for protection in the country of oppression.
4. Basically, Immigration Control Officers (ICE) do not care whether you have visited the embassy or not. Their job is to keep an eye on you and, if they have a court order to deport you, to find you and make the process go smoothly. They cannot pay much attention to every embassy visit because they have hundreds of other cases and visits every day.
Ultimately, it will be up to the judge or officer at the interview to decide whether the embassy visit will be considered a request for protection from the government. You must be able to explain why you went to the embassy, how necessary it was for you, and why you were not intimidated by the visit. Consult your attorney for his or her opinion on this matter. If you do not have an attorney, it is recommended that you carefully consider all the arguments and make your own decision. Please note that the above information does not constitute legal advice.
Important information about the passport application process:
The process of applying for a passport is conducted exclusively in the personal presence of the applicant at the Consular Section.
All offers from companies that promise to issue a passport without your participation are illegal and not allowed.
The process of obtaining a passport may take up to three months. However, you do not need to visit the embassy again to get a passport. Postal delivery is possible, you can find out the conditions on the page.
More information about consular visits can be found on the following page.