passport lawyer how to get it back

If you hire an immigration lawyer, it would be possible for her to speak with the DHS attorney and see if there is some way to allow you to have the passport back based on the emergency situation you are in. It is unlikely, but a possibility. Some of the DHS attorneys are easier to work with than others.

Full Answer

How do I get my passport back after surrendering it?

1. Write a Letter. We need a notarized letter from you requesting the return of your valid, unexpired passport. The letter must include: Court or agency to which you surrendered your passport. Your full name. Date of birth. Contact phone number. Mailing address.

What happens if the court grants the return of my passport?

We also have extensive experience with the administrative-hearing process and stand ready to assist clients who face the revocation or restriction of their passports. A qualified passport lawyer can tell you more about preparing for a passport-related administrative hearing. Make a call to the Gutierrez Law Firm today at 210.225.7114.

What can I do if the police refuse to return my passport?

The Department of State will release information about the person’s current passport status to a requesting judge and will inform the judge if that person applies for a new passport. Passport issuance will not be denied based on the request, but the judge can invoke state civil contempt sanctions based on the information.

How do I write a letter to get my passport back?

Jun 01, 2016 · 4 attorney answers. That's right: locate a "real passport office" closest to you and schedule an appointment to personally appear there, with documentary proof from the court that any bench warrants for your arrest have been "lifted" by now.. Your lawyer can write a letter on his/her letterhead attesting to that fact.

How can I get passport return?

You may submit your documents in one of three ways.Email: PPTReturnRequests@state.gov.Fax: (202) 485-6496.Mail:

How long does it take for passports to be returned?

Standard service may take between 8 and 11 weeks. This timeframe does not include delivery time. Mailing times vary across the country. Expedited service takes from 5 to 7 weeks exluding mailing times on the front and back end. Mailing delays may be significant so requesting 1-2-day mailing may greatly help.

Do you get a refund if your passport is denied?

Answer: The U.S. Department of State does not refund passport application and execution fees for applicants whose application for a passport was denied. The only fee that may be refunded is the expedite passport fee and that is on a case-by-case basis.

Can your passport be confiscated?

The IRS now has authority over your passport. The US tax man can control where you live and where you travel. In fact, the IRS is holding 362,000 passports hostage until their owners pay up.Sep 18, 2020

Will I get my naturalization certificate back?

Yes, normal. It might take up to three weeks to get your certificate back.Apr 7, 2010

How long does it take to get your passport back Canada?

You must receive your passport in the mail. If you bring your application: to a receiving agent: it will be processed in 20 business days. to a passport office: it will be processed in 10 business days.

What disqualifies you from getting a passport?

If the State Department decides that you are a real threat to national security or U.S. policy, you may be denied a passport. You will also be disqualified if you have been ruled legally incompetent, are subject to felony arrest or have been forbidden — by court order, parole or probation — from leaving the country.

What reasons can you be denied a passport?

So, here are some of the most common reasons a passport application gets delayed or rejected.An Incomplete Application. ... Using the Wrong Color Pen. ... Submitting the Wrong Passport Photo. ... Insufficient Proof of Citizenship. ... Not Paying the Right Amount. ... You Owe Child Support. ... You Owe Back Taxes. ... You Have Unpaid Federal Loan.More items...

What does passport denial mean?

Answer. The Passport Denial Program helps child support agencies enforce repayment of debts from noncustodial parents who owe or have owed at least $2,500 in past-due support. A noncustodial parent whose support debt meets the criteria for certification receives a Pre-Offset Notice that explains the process.Feb 1, 2018

What happens when your passport is seized?

When a suspect in a crime has a passport seized by law enforcement, the passport can be held by the law enforcement agency until after the suspect has been tried. If the suspect is found innocent, the passport is returned.Aug 26, 2016

What happens if passport is returned?

If the passport is returned undelivered, then an applicant should contact the concerned RPO immediately. Further, an application has to be submitted so that the passport can be posted again. The application should be enclosed with a proof of the current address.

What happens when you surrender your passport?

When the Court orders a defendant to surrender a passport, the Clerk of Court becomes the custodian of the document. Surrendered passports will remain in the custody of the Clerk of Court until further order from the Court.

Where do you get a passport?

In the United States, passports are issued by the State Department and must be obtained in a legal manner. Unlike some other forms of identification, passports must be obtained “in person” at an office or outpost that has been authorized to issue these documents.

How long does it take to get a passport?

Depending upon the current application backlog, the passport application process can take weeks or months. If you need help obtaining a passport, talk to one ...

What are the crimes that a person has committed while outside the US?

They have engaged in treasonous or “harmful” activities while outside of the U.S. They have been arrested or are subject to arrest on felony charges. They have been convicted of certain felonious drug crimes. They committed fraud during the passport application process.

Can a naturalized citizen hold a passport?

In the United States, only natural-born and naturalized U.S. citizens are permitted to hold an official U.S. passport. While this is also the case in most other countries around the world, individuals who hold dual citizenship may hold passports from both of their “home” countries.

What to do if your passport is surrendered to the police?

If your passport has been surrendered to a police officer because the police have reasonable grounds for believing you have committed an offence, you may apply to that police officer or the Commissioner of Police for the return of your passport. If the police refuse your application, you may apply to the District Court to have your passport ...

What happens if the police refuse your passport?

If the police refuse your application, you may apply to the District Court to have your passport returned. If the court grants the return of your passport, the court may subject the return of your passport to any conditions as it deems appropriate. Such conditions can relate to the subsequent re-surrender of your passport and the provision ...

What happens if you refuse to surrender your passport?

If you refuse to surrender your passport on request by a police officer, you may be arrested and brought before a Magistrate. If you are unable to show good reasons for not surrendering your passport, the Magistrate can put you in jail until you surrender your passport.

How long can the police hold your passport?

How Long Can the Police Hold on to Your Passport? If the surrender of your passport is a condition for your bail, you may only get your passport back after the conclusion of your case. If you had to surrender your passport because the police believe you have committed an offence, the police may hold onto your passport until the end ...

What happens if you are accused of a crime?

If you are suspected or accused of having committed a criminal offence, the police may require that you surrender your passport. Read on to find out the police powers and your rights under such circumstances.

Can police force you to surrender your passport?

The police have a general power to require you to surrender your passport if they have reasonable grounds for believing that you have committed any offence. However, such power can only be exercised: With the written consent of a police officer of or above the rank of Deputy Superintendent of Police, who has been authorised by the Commissioner ...

Who can issue a passport?

§ 1401, et seq., 22 U.S.C. § 211a, et seq., 22 C.F.R., Parts 50 , 51) By federal statute, the Secretary of State may issue a U.S. passport only to United States citizens and nationals. Every United States citizen is entitled to a U.S. passport provided that they, or an adult acting on a child’s behalf, ...

Where to send a request for a denial of a passport?

A request for passport denial should be sent to the Office of Children’s Issues. A parent or attorney may request to place the child’s name in the Children’s Passport Issuance Alert Program (CPIAP) lookout system.

How long are passports valid?

U.S. passport books and U.S. passport cards for adults are valid for 10 years. U.S. passport books or U.S. passport cards for minors under age 16 are valid for 5 years. You may apply for a U.S. passport within the United States and at U.S. Embassies and Consulates abroad.

Can a child's passport be denied?

In these cases, if the Department has a court order granting sole custody to one parent or restricting the child’s travel on file, the pas sport would be denied.

Can a passport be released to the court?

Upon written request from the presiding judge in a domestic civil suit, passport information may be released to the court relating to a party who has been ordered to surrender their U.S. passport.

Can a passport be revoked?

A passport may be revoked where the person obtained their passport fraudulently, the passport was issued in error, the person’s certificate of naturalization was cancelled by a federal court, or the person would not be entitled to a new passport under 22 C.F.R. 51.70 (a) or (b).

Can a grandparent apply for a passport for a grandchild?

Grandparent s may not apply for the passport of a grandchild unless they have a document of guardianship or written authority that complies with the Two-Parent Consent Law. Minors who are 16 years and older may sign their own passport application if they and one parent appear with proper identification.

4 attorney answers

That's right: locate a "real passport office" closest to you and schedule an appointment to personally appear there, with documentary proof from the court that any bench warrants for your arrest have been "lifted" by now.. Your lawyer can write a letter on his/her letterhead attesting to that fact.

Giacomo Jacques Behar

I agree. Deal with the warrant - criminal defense lawyer - and then reapply for passport - no lawyer needed.

Alexander Joseph Segal

Find the closest 'real' passport office (not an agency like the post office) and go in person with a GOVERNMENT CERTIFIED document showing that there are no warrants outstanding anymore. Your lawyer should be able to get that fairly quickly.

How long does it take to renew a passport?

Tips on When to Renew Your Passport. Renew your passport approximately nine months before it expires. Check the expiration date because certain countries require passports to remain valid for up to six months after travel. Also, some airlines do not allow you to board if you do not meet this requirement.

What is the Department of State's policy on passports?

The Department of State has rules to prevent children from being issued U.S. passports without the consent of both parents. It also has programs to protect children involved in custody disputes. These work to prevent a parent from taking a child abroad without the other parent's consent.

How many pages are in a passport?

If you travel frequently, check the “52 page” box at the top of your passport application to receive a larger passport book with 52 pages. For more information, see these frequently asked questions about passports .

How long does it take to get a passport appointment?

Emergency or Urgent Travel. Under normal conditions, you can request an appointment at a passport agency if you: Are traveling within 72 hours (three business days). This is only in an emergency such as a serious illness, injury, or death in your immediate family. Have urgent travel within two weeks.

Is the passport renewal fee refundable?

If you opt for expedited service. The passport application fee and the execution fee are non-refundable. They are collected and retained by law even if a passport is not issued.

3 attorney answers

There has been a significant rise in foreign passport seizures by ICE. Interestingly, there is no specific law authorizing immigration officials to seize foreign passports. But it is widely practiced to ensure cooperation of the person put into removal proceeding. It is unlikely that calling and telling ICE about your intent to leave the U.S.

Mirakmal Niyazmatov

Contact ICE and tell them you need your passport as you are leaving the USA.

How long does it take to get a passport card back?

Routine service is taking approximately 6 weeks. Please call 1-877-487-2778 to speak with a customer service representative about the possiblity of expediting your application.

How to contact the National Passport Center?

If they do not arrive after a couple of weeks, please contact the National Passport Information Centerby calling 1-877-487-2778 toll free. Automated Passport Information is available 24 hours a day, 7 days a week. You can speak with a representative Monday-Friday, 8 a.m. to 10 p.m., EST, excluding federal holidays.

How long does it take for a name change to arrive?

If you just received your passport, the documents should be on its way. It should arrive in a couple of days. If it does not, please call customer service for assistance at 1-877-487-2778.

How long is the grace period for passports?

The 90-day grace period for filing non-receipt of passports is only applicable for the document you applied for (passport card) and not the supporting document sent (passport book). If passport services has already confirmed that the document has been sent, it may be an issue with the courier.

Do I need a copy of my BC passport?

You should only require the copy since it is very easy to get our BC lost! Answer:Documents sent with passport applications are sent back in a separate mailing from the new passport. The document/s should arrive soon. If it does not, please call 1-877-487-2778 to speak to a customer service representative.

Do I keep my birth certificate on file?

They do not keep birth certificates on file; they are sent back to the applicants once the process is completed. Documentary requirements are generally sent separately from the passport. Your birth certificate may have been lost in transit. You may call 1-877-487-2778 to speak to a customer representative.

Can I return my passport if I call to request my birth certificate?

Answer:The document cannot be returned until your application is processed and the new passport sent. If you call to request your birth certificate, the application may be canceled. In order to accelerate the process, you can call 1-877-487-2778 to request for your application to be expedited.