If a passport applicant is the subject of an extradition request from a foreign country, his application may be refused. Furthermore, if an applicant owes the government money for emergency medical care provided to him or his family, his application may be dismissed. Finally, if an applicant has been convicted of a crime and sentenced to prison, his/her passport application will be denied.
In addition to these factors, certain crimes may prevent an individual from receiving a passport. These include murder, manslaughter, kidnapping, treason, terrorism, war crimes, human rights violations, sexual offenses, and many others. For more information on what types of crimes can prevent a person from receiving a passport, see our article on What types of crimes can prevent a person from receiving a passport?
The Department of State cannot issue passports to individuals who are currently in U.S. federal custody. In some cases, they may be able to issue passports after an individual has been released from prison. You should contact a legal counsel familiar with U.S. immigration law to determine how this might affect your client.
Extradition is the process by which a criminal defendant in one country can be sent to another country to face charges.
When a foreign individual faces deportation, he or she will no longer be in possession of a passport. When held for probable criminal behavior, this is taken. One of the biggest worries of every foreign citizen in the United States with a visa is the possibility of committing a crime. If you are arrested for such a crime, you can be detained even if you have a valid visa. You should contact an attorney as soon as possible after being arrested.
The decision to deport an alien is a matter left up to the discretion of the executive branch. The Attorney General has the power to cancel removal for any non-criminal immigrant. However, many factors go into this decision and not all cases will result in cancellation. For example, an immigration judge can deny cancellation of removal if doing so would not "cause unusual hardship" to an American family member or establish that it is more likely than not that the person will be granted relief under INA section 240A (8 U.S.C. 1229b).
An alien's failure to appear at his or her removal hearing does not necessarily result in deportation. An immigration court may decide to issue a final order of removal in absentia if the government provides notice of the hearing date and time to the last known address of the alien. However, the court can later rescind the order upon a motion by the alien or another party if the alien demonstrates that he or she did not receive notice of the hearing.
You may be refused a passport if the State Department determines that you pose a genuine threat to national security or US policy. You will also be disqualified if you have been declared legally incapable, are under criminal arrest, or have been barred from leaving the country by a court order, parole, or probation.
Generally, if you are denied a passport because of a disqualifying condition, the State Department will notify your employer, the police department where you live, and any other agency that might have some type of record of your conviction. Your employer and any third parties contacted by the Department will be given an opportunity to present evidence showing that you are not a threat to national security or the welfare of the community.
If you are denied a passport because you are deemed to be incapacitated, then you will need to get this issue resolved before you can apply for a new one. If you believe that you have been denied a passport due to a disability, you must file a complaint with the U.S. Department of Justice's Office of Civil Rights.
Denial of a passport for any other reason does not qualify as a civil right violation. However, if you believe that you were discriminated against based on race, religion, gender or nationality, you should contact an attorney immediately.
If the passport is rejected because the applicant is not a citizen, the applicant's only option is to appeal to a federal court. If the refusal is due to another cause, such as criminal convictions or incompetence, the applicant may request an administrative hearing and subsequent administrative appeal. The applicant must file an action in the Court of Appeals for the District of Columbia Circuit or in the United States Court of Federal Claims.
An applicant can also file an action in any other appropriate court if the applicant is not satisfied with the decision of the Department of State.
Please note that if you file an action in an inappropriate court, it will most likely be dismissed by the court without further proceedings.
Also note that filing an action does not guarantee that your passport will be granted; each case is considered on its own merits. It is very difficult for someone who is not a U.S. citizen to get a passport revoked or restricted.
The Department of State cannot provide legal advice. It can only process applications and conduct hearings. Also, the Department of State cannot intervene on behalf of an applicant. Any intervention would have to be done by another agency such as the Department of Homeland Security (DHS) or the Department of Justice (DOJ).
A passport revocation proceeding is conducted by a DHS officer who works for the Bureau of Consular Affairs.
Before completing an application for a passport, it is important to examine current rules regarding passports. If a person has a valid passport and is permitted to travel outside of the United States without breaching the terms of their parole, they can visit other countries. The only exception is if doing so would pose a risk to public safety or damage to property. Persons who have been convicted of a crime should not assume that they can leave the country simply by obtaining a passport. Criminal records are available to police in many countries, so it is important for persons who have been arrested or charged with a crime to be aware of any outstanding warrants before traveling.
The best advice we can give anyone seeking information about passport requirements is to contact the foreign embassy or consulate with which you should be familiar. They will be able to provide accurate information about what documents are required from residents of their country who want to apply for a passport.