To avoid being accused of failing to get a passport, you need to convince the Immigration Office about your efforts. So you do not necessarily have to present a passport right away. It is enough if you can prove that you are trying to obtain a passport. Possible evidence can be, for instance, an appointment confirmation from the embassy, a letter from the embassy or a letter to a relevant contact person in your home country. You can also try to prove your efforts with photos of your visits to the embassy. The Thuringia Refugee Council has developed a template that you can use for documenting your efforts. You can find it on the last pages of the Info-booklet " Arbeitshilfe "Mitwirkungspflichten" (PDF).
If the evidence proves that you are making an effort, you have fulfilled your obligation to cooperate. When that is the case, §60b does not apply to you any longer and you will receive a Duldung according to §60a. You can find out more about your rights and obligations as a person with a Duldung according to §60a in our chapter "Duldung". If you do not have any proof, but the immigration authorities believe that you have made an effort, they can ask you to take out a so-called "eidesstaatliche Versicherung" i.e. an affirmation in lieu of an oath. An "eidesstaatliche Versicherung" or "Versicherung an Eides Staat" is a specific affirmation with which a person confirms that a certain declaration is true. Once you have submitted such an affirmation, you have fulfilled your obligation to cooperate. That means §60b will not apply to you any longer.
Please note: Whether you get the opportunity to prove your efforts through an affirmation in lieu of an oath is up to the immigration authorities to decide. That means you are not entitled to it.
Important: If you submit a false affirmation in lieu of an oath, you will be liable to prosecution - and you can be punished with a prison sentence or a fine.