A passport is a legal document that proves the citizenship of the person named in it. A passport is required for travel into and out of the country.
The United States Department of State (DOS) issues passports and determines the rules for them The State Department may revoke or limit a passport for any of the following reasons:
- Fraudulently Obtained Passport: The passport was obtained through illegal, fraudulent or erroneous means; or was created through some illegality or fraud perpetrated upon the DOS.
- Fraudulently Altered Passport: The passport has been fraudulently altered or misused.
- Holder Not a U.S. Citizen: The DOS has determined that the holder of the passport is not in fact a U.S. citizen, or the DOS has been notified that the holder’s certificate of citizenship or certificate of naturalization has been canceled.
- Fraudulently Obtained Consular Report of Birth Abroad: The DOS may cancel a Consular Report of Birth Abroad when it has notice that the DOS issued the passport on the basis of a Consular Report of Birth Abroad that was illegally, fraudulently or erroneously obtained, or was created through illegality or fraud practiced upon the DOS.
- Fraudulently Altered Consular Report of Birth Abroad: The Consular Report of Birth Abroad has been fraudulently altered or misused.
- Person Born Abroad Not a U.S. Citizen: The DOS has determined that the person for whom the Consular Report of Birth Abroad was issued is not in fact a U.S. citizen.
- Canceled Certificate of Citizenship: The DOS has received notice that a holder’s certificate of citizenship has been canceled.
- Conviction for Sex Trafficking of Minors: The applicant for a passport has been convicted of the crime of sex trafficking of minors and used a passport or otherwise crossed an international border in committing the underlying offense.
- Federal Tax Debt of Over $52,000: A person who owes a legally enforceable federal tax of more than $52,000 may have their passport revoked. A debt of this amount gives the Internal Revenue Service (IRS) the authority, working with the State Department, to deny or delay the delinquent taxpayer’s passport application.
- If a person already has a passport, it may be revoked. If the person is already in a foreign country, their passport may be limited to allow only a direct return to the U.S.
- Unpaid Child Support of More than $2500: The names of people who owe more than $2500 in child support are entered into the passport denial list.
- The only way to get off the list is to pay the amount of child support owed in full.
In addition, the department may revoke a passport if it is requested by a law enforcement agency for several reasons, including:
- There is an arrest warrant outstanding for the person for a felony
- There is a court order that forbids the person to leave the U.S.
- The person is a convicted drug trafficker who used the passport to commit their crime
A law enforcement agency that wants to prevent a person from fleeing the country may request that the DOS revoke the person’s passport. This might happen when a person arrested and charged with a crime has a prior criminal record. If the criminal record combined with the new charges could result in a lengthy prison sentence, law enforcement might consider the person to be a flight risk.
The law enforcement agency could initiate revocation by sending a letter with supporting information and documents about the person’s identity, criminal history and outstanding arrest warrants to the DOS.
When the request is approved, information regarding the revocation is shared with government databases accessible to law enforcement agencies and border control agencies around the world. This prevents the person whose passport has been revoked from traveling.
When the law enforcement agency that requested the revocation notifies the DOS that the revocation is no longer required, the law enforcement agency must surrender the passport to the DOS.
What Happens If a Passport Is Revoked?
The process for revoking a passport depends in part on the reason for the revocation, but, generally, a person is provided with written notice by the DOS if their passport is being revoked. It is possible for a person to find out their passport has been revoked when they apply for a passport and their application is denied. Or a person may discover that their passport has been revoked then they apply to renew their passport. A passport may be denied for many of the same reasons for which it can be revoked.
The application process for a passport requires filling out a form, paying a fee, and submitting photographs. For a first passport, it can take six weeks or more to process an application. Some countries require the passport to be at least six months old in order to permit entry. A passport renewal application might be processed within 60 days. Still, it is always wise for a person to apply for a passport or passport renewal well before they are going to need to use the passport, because processing times can sometimes be longer.
If a person’s passport is going to be revoked, they will receive a notice from the DOS. A passport is not revoked without notice to the person who holds the passport. Revocation of a passport can be appealed. A person has 60 days from the date of receiving notice of the revocation to request an administrative hearing before the DOS. The hearing is held within 60 days of the DOS’s receipt of the written request for a hearing. The DOS chooses the hearing officer and the person whose passport has been revoked may attend, of course, and may be represented by a lawyer.
After the hearing, the hearing officer writes up findings of fact. These are reviewed by the Deputy Assistant Secretary of State for Passport Services who decides whether to uphold the revocation or reverse it.
Can a Revoked Passport Be Retrieved?
A revoked passport may be restored through an administrative hearing. Then, if the results of the hearing do not restore the revoked passport, the next option is to appeal the decision of the administrative hearing to a federal district court.
If a person’s passport was revoked for financial reasons, such as nonpayment of taxes or nonpayment of child support, they have 90 days from the date of the denial letter to remedy the financial issue. If the person pays their child support in full or tax debt in full within 90 days, the original application process can be continued. After 90 days, the application will expire and you will have to submit a new passport application.
Can Immigration Issues Affect My Passport?
Yes, issues related to immigration can have a significant impact on someone’s passport. Immigration issues may lead to passport revocation or denial.
It can also complicate an individual’s future travels, especially when they have a criminal record, deportation orders, committed immigration fraud, or have overstayed their visa. This type of information is tracked and shared across countries, which can impact visa applications as well as being allowed to enter into other countries.
Specific examples of ways immigration issues can affect someone’s passport include:
- Criminal Convictions: A conviction of certain crimes, such as drug trafficking, may result in passport revocation or denial.
- Deportation or Removal Order: If someone has a deportation order, their passport can be marked or confiscated, which may result in serious travel barriers.
- Immigration Fraud: If an individual provided false information on their visa application, they may face criminal charges and be permanently ineligible to enter the United States.
- Overstaying a Visa: When someone overstays their visa, even for a short time, they may be barred from reentry for three to ten years.
- Warrants: If someone is arrested, their passport may be revoked or denied.
- Unpaid Debts: If someone has large, legally enforceable debts, for example, unpaid child support, they may be unable to renew their passport.
When an individual has outstanding legal issues or if they have violated immigration laws, the United States Department of State can revoke or deny someone’s passport. There are also other laws and executive orders, policies, and laws that can apply to immigration cases and passport issues, including:
- Executive Order Protecting the American People Against Invasion
- Details about enforcement of deportation or removal, enforcing illegal entry, and enforcement of unlawful presence
- Expansion of expedited removal
- Executive Order Realigning the United States Refugee Admissions Program (USRAP)
- Suspended awaiting evaluation
- Entry to the U.S. limited
- Application approval on a case-by-case basis
- Executive Order Guaranteeing the States Protections Against Invasion
- No entering the United States at the southern border
- Entry permitted by the Department of Homeland Security (DHS) and the Secretary of State on a case-by-case basis only
- Executive Order Protecting the Meaning and Value of American Citizenship
- Not being enforced at present because of a legal injunction
- Birthright citizenship is terminated
- This may referred to as anchor baby status
- One parent must be a U.S. citizen of the or a legal permanent resident
Any category of law, especially immigration laws, can be changed, updated, and even revoked, at any time, especially when there are changes in presidential administrations. Due to the potential for updates and changes, it is very important to have an attorney when they have any type of immigration question or issue.
What Is the Role of Immigration and Customs Enforcement (ICE) in Immigration Issues?
ICE is the federal agency that is tasked with investigating a wide variety of issues and offenses, such as:
- Illegal immigration
- Drug smuggling
- Money laundering
- Child exploitation
- Passport fraud
- Gun smuggling
- Terrorism
- Cybercrimes
- Human trafficking
The agency is permitted to arrest and detain a person for up to 48 hours without having a warrant because there are differences between immigration proceedings that are considered civil and criminal proceedings. Another main difference is that, because immigration proceedings are considered civil, Miranda warnings are not usually required during immigration arrests.
Even when a defendant has paid a state criminal bond to get out of jail, ICE can still take them into federal custody on an immigration detainer. An individual’s detention can be very long if there are issues returning them to their country of origin.
It is very important for detainees and suspects to know that they have rights similar to defendants involved in criminal cases that they can exercise when interacting with ICE. For example, if ICE asks them questions about their immigration status, they have the right to remain silent and not answer.
If ICE asks them to consent to a search, the individual has the right not to provide consent. These rights are provided under case laws that hold that, even in narrow immigration contexts, individuals have these rights under the Fourth and Fifth Amendments.
What Documents May Be Required for an Immigration or Passport Issue?
When someone has an immigration issue or a passport issue, there may be certain documents or evidence they need to provide, depending on the specifics of the matter. The typical types of documents that someone may be asked to provide include:
- Personal Identification:
- government-issued ID
- birth certificate
- marriage certificate
- proof of family relationships:
- marriage certificate
- birth certificates of any children born in the U.S.
- Proof of Physical Presence in the U.S.:
- lease agreement
- home ownership documents
- employment records
- utility bills
- Proof of Good Moral Character:
- certification of community service
- criminal background records
- letter of recommendation
- other types of proof
- Evidence of Hardship:
- medical records showing the person or a family member has a serious health issue
- a letter from a therapist or doctor
- other documents that can show how a deportation would cause a hardship
There might also be other documents or types of evidence that someone is asked to provide, depending on the immigration or passport issue that someone has. An immigration lawyer can help someone understand exactly what they will need to provide, ensure they submit it on time, and make sure the process goes as smoothly as possible.
A person should not try to handle their immigration issue by themselves, especially because there are strict deadlines, requirements, and there may be language barriers. By having a lawyer, an individual can avoid the stress related to appearing in court, before an agency, properly submitting paperwork, and knowing they are following the most up-to-date laws.
Do I Need a Lawyer?
If your passport has been revoked, you can get it restored. You should consult an experienced immigration lawyer to learn about your best options and how to get your passport restored. If you have received notice recently of the revocation, you should contact an immigration lawyer immediately as you have a limited amount of time within which to appeal the decision.
Or, if you have received a Notice CP508C, Letter 6152, from the IRS, or some other IRS communication about a seriously delinquent tax burden, you need to consult with an immigration lawyer as soon as possible for help if you want to avoid jeopardizing your passport status.
If you owe child support, even if you are making payments, and you want to get or renew a passport, you should consult an experienced immigration attorney before making the application.
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