Can You Obtain a Passport with a Felony Conviction?
For some individuals, obtaining a U.S. passport can seem like a daunting task, especially if they have a felony conviction on their record. However, the reality is that it’s possible to obtain a passport despite a felony conviction. The question is, under what circumstances?
Understanding Passport Eligibility
The primary purpose of a U.S. passport is to validate an individual’s identity as a U.S. citizen, allowing them to enter and exit the country at will. The passport application process involves an investigation into the applicant’s identity, citizenship, and any criminal history.
U.S. law dictates that certain individuals are not eligible for a U.S. passport. For instance, individuals with active fugitive sentences or felons serving prison sentences at the time of application will be denied a passport (22 CFR 51.40).
Passport Application Requirements
To begin the passport application process, individuals must provide proof of citizenship, identity, and photocopying fees. In 2019, the cost of a U.S. passport book increased to $110 for adults and $80 for children (6-15 years old) while the execution fee varied from $35 to $50.
Facts and Figures
According to the U.S. State Department, felons make up a small portion of passport applicants (0.1%). Meanwhile, the State Department processes over 13 million passport applications annually. However, this data doesn’t necessarily indicate easy passport issuance for felons.
Waiving of Exclusion Due to Felony Conviction
Under Section 527 of the Omnibus Diplomatic Security and Anti-Terrorism Act, the Secretary of State can waive the passport applicant’s felony conviction exclusion, subject to certain conditions (8 U.S.C. 1187(d) (2015)):
Good cause is demonstrated: The applicant proves a compelling reason for granting the passport, such as travel for business, tourism, or medical purposes.
- Applicant serves prison sentence: If an applicant has completed their sentence or has been honorably discharged, the likelihood of waiver increases.
When a Felony Conviction Might Not Bar Your Passport
In 2007, the 10th Circuit Court of Appeals upheld the authority of the Secretary of State to waive a felon’s passport application denial if good cause could be demonstrated (Pueblo Cnty. Sheriff et al. v. Abigail M. Wunderlin, 506 F.3d 1086 (10th Cir. 2007).).
Additional Requirements and Conditions
To qualify for a passport with a felony conviction, applicants should provide detailed documentation, such as:
- A Form DS-60 – Certificate of Citizenship or Form DS-11 – Passport Application, along with accompanying evidence (e.g., court documents, witness testimony).
- A comprehensive explanation for waiving the exclusion (typically addressed in a formal brief).
Table: Important Documentation Requirements
| Document Type | Details/Comments | |
|---|---|---|
| Proof of Citizenship | Naturalization Certificate, Birth Certificate, or U.S. Citizenship Certificate | Verify if documentation is issued within two years of application submission date. |
| Photo and Identification | Passport-sized color photo, Valid Driver’s License, or State Identification | Ensure the photo bears the applicant’s current hairstyle and facial features. |
Conclusion
Obtaining a U.S. passport with a felony conviction can be challenging but feasible under the right circumstances. To increase the likelihood of successful application, it is crucial to provide comprehensive supporting documentation and demonstrate a good cause for waiving exclusion.
Important Points:
- Felony convicts are not automatically eligible for a U.S. passport.
- Good cause can be demonstrated by circumstances like business, tourism, or medical travel.
- Completion of a prison sentence or honorable discharge increases likelihood of waiver.
- applicants must provide detailed documentation for the waiver request.
- Proof of citizenship and photocopying fees are obligatory.
- Passport fees change regularly; check official US State Department website for most recent information.
It’s crucial to consult the US Department of State’s Travel webpage for the latest travel guidance and passport information as this information may be updated at any time.
- https://travel.state.gov/content/travel/en.html
- https://travel.state.gov/content/travel/en/international-travel/International-Passport-Info/Waiving-of-Exclusion-Due-to-Felony-Conviction.html
By following proper procedure and providing supporting documents, individuals with felony convictions can potentially obtain a passport for international travel. Contact the U.S. National Passport Information Center ( NPIC) for additional details on the passport application and waiver process.
Contact Info: https://ppt.form.iinet.app/Scheduler/Book
[Email: NPIC] (npic@travel.state.gov)
Phone Number: 1-877-487-2778 (1-877-4-USA-PPT)
Remember, applicants are responsible for providing correct information and supporting documents, and failure to comply may result in application rejection or criminal fines and penalties.
Now you know the basics regarding passport eligibility for felons, and you should prioritize correct documentation and presentation throughout the application process to reduce potential issues.
