Attorney for Passport Crimes
The United States immigration system has numerous obstacles for foreign nationals entering the country. Any criminal activity associated with illegal entry is taken very seriously. Prosecutors, without any doubt, bring charges against those suspected of issuing fake passports, visas, or other documents to verify citizenship. Document fraud can lead to criminal charges, hefty fines, deportation, and even long-term imprisonment.
If you’ve been accused of passport-related crimes, it’s crucial to seek help from an experienced criminal defense attorney as soon as possible. A qualified professional can help you build a strong defense strategy and work towards reducing or even completely dropping the charges.
Federal and state laws on passport fraud
The primary legal document that governs passport fraud at the federal level is Section 18 of the United States Code (§ 1542). It pertains to making false statements in passport applications.
According to federal law, it is a crime to forge, falsify, alter, or make any changes to a passport with the intent of its unlawful use.
- 18 U.S.C. 1541 – Issuance of passport without authorization;
- 18 U.S.C. 1542 – Making false statements to obtain a passport;
- 18 U.S.C. 1543 – Forgery or False Use of a Passport
- 18 U.S.C. 1544 – Misuse of Passport
- 18 U.S.C. 1546 – Visa Fraud.
Using or providing others with fake or counterfeit passports or other identity documents knowingly is also considered a crime. Most of these offenses are punishable under sections 1541-1546 of Title 18 of the United States Code. Among the most common methods of passport fraud are the following:
- Using fake or counterfeit documents to apply for a passport;
- Use of a stolen or altered passport;
- Using someone else’s identity to obtain a passport;
- Making fake passports;
- Lying on a visa application;
- Participation in marriage scams.
Additionally, each state can have its own laws for regulating issues related to document forgery and identity theft. In some cases, individuals can be held accountable at both the federal and state levels.
Was your passport stolen abroad?
Losing or having your passport stolen abroad is truly a difficult and stressful situation. The first thing to do is try to calm down and soberly assess the situation: where and under what circumstances did you last see your passport? It’s possible you simply forgot it at the hotel or restaurant.
Immediately go to the nearest police station and file an official theft report. This report will protect you in case your documents are fraudulently used. Additionally, a police report will be required when applying for a temporary document at a consulate or embassy.
Then, contact the nearest embassy or consulate of your country. You can find their contact information on the official website of the Ministry of Foreign Affairs or through directory services. At the consulate, they will assist you in obtaining a temporary passport or a certificate for returning to your homeland, and they will also provide advice on further actions and necessary documents.
When applying to the consulate, you will need the following documents:
- Police report on theft;
- Proof of citizenship and identity (copies of a lost passport, driver’s license, birth certificate, or other documents);
- Passport-sized photos;
- Completed application form provided at the consulate.
It’s also important to notify your bank and other institutions as quickly as possible. Block your bank cards, inform your insurance company, and update your information with airlines or hotels.
For the future, it’s best to make copies of all important documents and store them separately. It’s advisable to keep your passport in a secure location, preferably in a hotel safe. Use special cases or wallets with RFID blocking to protect against scanning.
False information on a passport application
Providing false information when applying for a passport includes the following actions:
- Intentional distortion of personal data: incorrect indication of name or surname, use of pseudonyms, changing names without legal confirmation, incorrect date or place of birth, concealing previous citizenship or dual citizenship.
- Providing fake documents: using counterfeit documents to verify marital status or familial relationships.
- Concealing legal restrictions: failing to disclose any criminal convictions, arrests, or other restrictions, hiding the fact of being stripped of parental rights or guardianship;
- Providing false information about place of residence: incorrect registration address, concealing actual place of living abroad;
- Using someone else’s identity: providing documents with someone else’s photo, submitting an application on behalf of another person without their consent.
Providing false information to obtain a passport is considered a criminal offense and is prosecuted under the law. Consequences can include significant fines, denial of passport issuance, cancellation of previously issued documents, or even imprisonment. In the USA, providing false statements can result in a fine and imprisonment for up to 10 years, and under certain circumstances, up to 25 years, according to 18 U.S.C. § 1542.
Punishments for Passport Fraud
Passport fraud is strictly punished at both the federal and state levels. For all the crimes mentioned above, the suspect can be charged with a felony, which comes with the following penalties:
- 18 U.S.C. § 1541 — Issuance of a passport without proper authorization, punishable by up to 15 years of imprisonment, a fine, or both.
- 18 U.S.C. § 1542 — false statements on a passport application, up to 25 years for crimes related to international terrorism, up to 20 years for offenses related to drug trafficking, up to 10 years imprisonment in other cases.
- 18 U.S.C. § 1543 — forgery or use of a forged passport, imprisonment for up to 10 years, a fine, or both.
- 18 U.S.C. § 1544 — Misuse of Passport, punishable by up to 10 years imprisonment;
- 18 U.S.C. § 1546 — fraud and misuse of visas, permits, and other documents, up to 25 years of imprisonment under aggravating circumstances.
The accused also face fines of up to $250,000 for each offense.
Additionally, individual states also have their own legislative acts concerning passport fraud and identity document fraud.
For example, in California, the law Penal Code § 470 has been ratified for the forgery or alteration of official documents. It provides for a punishment of imprisonment in county jail for up to 1 year or in state prison for a term of 16 months to 3 years.
In New York, there’s a law against forgery, Penal Law § 170.25, under which the offense is classified as a Class D felony. This can lead to imprisonment for up to 7 years.
In Texas, the Penal Code § 32.21 was passed regarding the illegal creation or alteration of a written document with the intent to deceive or harm. The degree of punishment varies from a Class A misdemeanor to a third-degree felony, with imprisonment ranging from 2 to 10 years and a possible fine of up to $10,000.
Common Reasons for Passport Application Denial
Among the most common reasons for passport denial are the following:
- Providing false or inaccurate information, concealing important facts, or deliberately distorting data;
- Significant back child support debt;
- Having current criminal cases, unexpunged convictions, or active arrest warrants;
- Suspicion of activities threatening national security, violation of sanction regimes;
- Failure to pay taxes, significant debts, and other financial obligations;
- Court-imposed travel bans, parole conditions;
- Incomplete set of documents, lack of necessary certificates, errors in filling out forms;
- Violation of visa rules in the past.
Taking a responsible approach to the passport application process and addressing potential issues promptly can help avoid problems and save time. If you’re experiencing difficulties with getting your passport or want to preemptively protect yourself from potential rejections, our experienced lawyers are ready to provide qualified support.
Defense against accusations of passport fraud
Being charged with passport fraud is a serious legal challenge that can lead to hefty fines, reputational damage, or even a long prison sentence. However, being charged doesn’t automatically mean you’re guilty. There are numerous defense strategies that can help prove your innocence or lessen the severity of the charges:
The first strategy is proving innocence. It’s necessary to provide corroborating evidence that you couldn’t have committed the crime during the specified time period.
The second strategy is mistaken identification. Bring in witnesses who will confirm that you were not involved in the crime. Use surveillance camera footage or photographs that prove your innocence.
The third strategy is lack of intent. Prove that the mistake was unintentional, indicating that any inaccuracies in the documents were accidental and not deliberate.
The fourth strategy involves procedural violations. This includes situations where the statute of limitations has expired or the prosecution has violated procedural norms. Evidence was obtained in violation of your rights, or you were not given the opportunity to seek legal assistance.
And the final strategy is insufficient evidence. This involves questioning the quality or origin of the evidence presented. It also includes identifying inconsistencies in the testimonies of prosecution witnesses.
How Our Lawyers Help with Passport Fraud
Charges of passport fraud require immediate and professional legal assistance. Our firm offers clients comprehensive support and effective defense strategies for each client.
Every case we take on begins with a thorough examination of the circumstances, analysis of the charges brought forward, and the evidence collected, identifying any potential procedural violations, and assessing the strengths and weaknesses of the case. Based on this analysis, we develop a tailored defense strategy. Our team guarantees:
- Professional support at all stages of investigation and litigation;
- Effective representation of your interests in negotiations with the prosecution;
- Preparation and submission of necessary petitions and appeals.
Over the years of practice, our lawyers have successfully defended numerous clients facing passport fraud charges. We’ve achieved many acquittals and reduced sentences for our clients thanks to carefully crafted defense strategies and persistent work.
If you’ve encountered a situation like this or want to get advice on passport and immigration law, reach out to us. We’re ready to help protect your rights and freedom.
