Can The U.S. Government Invalidate Or Refuse To Issue Or Revoke A U.S. Passport?
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Can The U.S. Government Invalidate Or Refuse To Issue Or Revoke A U.S. Passport?

Can The U.S. Government Invalidate Or Refuse To Issue Or Revoke A U.S. Passport?

Hello everyone.  Today I will explore a topic which I receive many questions on.   That topic is whether the Secretary of State of the U.S. Department of State, who is authorized by law to issue U.S. passports, may invalidate a passport or refuse to issue or revoke a passport for other than lack of citizenship.  The answer is yes, and the Secretary of State of the U.S. Department of State may do so in the following circumstances:

a) an individual obtained the U.S. passport illegally, fraudulently or erroneously;

b) the individual is not a U.S. national or his or her certificate of citizenship or naturalization has been cancelled;

c) the individual is the subject of an outstanding Federal Warrant;

d) the individual is subject to a criminal court order, condition of probation or parole which forbids departure from the U.S.;

e) the individual is subject to a court order committing him or her to a mental institution;

f) the individual has been legally declared incompetent;

g) the individual is subject to a request for extradition or provisional arrest for extradition which has been presented to the government of a foreign;

h) the individual is the subject of a subpoena issued in a matter involving a feral prosecution or grand jury investigation;

i) the individual is a minor and the passport may be denied under 22 CFR §51.28;

j) the individual is subject to an order of restraint or apprehension issued by the U.S. Armed Forces;

k) the individual is subject to an outstanding State or local warrant for arrest for a felony;

l) the individual is the subject of a request for extradition submitted to the U.S. by a foreign country;

m) the individual has not repaid a loan received from the U.S.;

n) the individual is in default on a loan from the U.S. to effectuate his or her return from a foreign country;

o) the individual is the subject for arrest for a felony after being informed by a foreign government authority or international organization;

p) the individual has participated in activities abroad that cause or are likely to cause serious damage to the national security or the foreign policy of the U.S.;

q) the individual has been certified by the Secretary of Health and Human Services to be in arrears in child support in an amount exceeding $2,500.00;

r) the individual has been convicted of a federal or state drug charge where he or she used a U.S. passport or crossed an international border in the commission of a crime;

s) the individual has been convicted of a violation of 18 USC §2423 (transportation of a minor in interstate or foreign commerce for prostitution) where his or her passport was used in committing the offense;

t) the individual has been convicted of sex tourism;

u) the individual is delinquent in payment of U.S. income taxes in an amount described in 26 USC §7345 (currently $50,000.00 or more); and,

v) the individual has failed to provide his or her social security number on his or her passport application or is willfully, intentionally, negligently or recklessly included an incorrect or invalid social security number.

So, if you have ever wondered why someone was not able to get their passport renewed, or reissued, their U.S. passport has been revoked, you now know the main reasons why.  Should you have a question regarding immigration law or U.S. Immigration law or need help with any U.S. immigration law matter, I may be contacted as follows: via telephone at (305) 648 3909 or via e-mail at [email protected].  In the meantime, until my next article, walk good.

About the Author

Oliver J. Langstadt is a Jamaican American attorney
Oliver J. Langstadt is a Jamaican American attorney admitted to practice law in the state of Florida.  He was raised in St. Mary Jamaica, near Highgate. He completed his high school education at the Priory School in Kingston, Jamaica. He attended the University of Miami School of Law and graduated with his law degree in 1985.  He has been practicing law and immigration law for over twenty-five years.   He is well-seasoned in all aspects of immigration law, including family petitions, immigrant visas, non-immigrant visas, business visas, investor visas, waivers from removal and unlawful presence, naturalization applications, and removal defense.  He may be contacted at 305 648 3909 or via e-mail, at [email protected]   He welcomes the chance to be of service regarding your US immigration cases and matters.

Photo – Deposit Photos 

About the author

Oliver J. Langstadt