Having a passport means an individual can travel to and from a country more easily, and the destination country recognizes the person as a legal citizen. But not all countries can give off passports, visas, and other supporting traveling documents for convicted people.
Individuals with felony convictions are the ones who are not allowed to have a passport. In some countries, they can still get one but it’s under particular circumstances. But others don’t grant the passport issuance request.
We think you might arrive at this page since you’re a felon who must go abroad, but it makes you confused due to your passport, right? To find out whether or not you can get a passport in your country as a felon, you can find helpful information in our post. Let’s check it out!
Can a Felon Have a Passport?
We must say that it depends. Why? People with certain criminal records can still have passports, while others can’t.
According to Allen Orr, president of the American Immigration Lawyers Association, it will be possible for a felon to get a passport after a prior conviction, but it will be hard. However, when a felon leaves on a passport, the United States is responsible for them.
The US Federal Bureau of Investigation stated that most felons who are charged and accused can obtain a passport without facing any repercussions. However, some countries may prohibit anyone with a felony conviction from entering the country.
The United States, United Kingdom, Canada, and Australia are reportedly the countries that can grant passports for business and leisure to felonies after they’ve completed their rehabilitation program.
Generally, criminals must obtain a statement from the country they are visiting before obtaining a passport. However, this removal process may be expensive and time consuming.
When Can Felon Get a Passport?
Not all circumstances can allow felons to get a passport. Sure, there are several things that can make it easier for them to get it, though the process is not simple. The following are some cases that allow felons to have a passport:
- If the convict has completed his prison sentence.
- If the convict has been legally released after serving his sentence.
- The inmate does not have any outstanding charges, warrants for arrest, or outstanding debts.
- If the felon has surrendered that $5,000 into court bail.
- The convict is free from legal action resulting from criminal accusations that have been proven to be false.
What Disqualifies You from Gaining a Passport?
According to the U.S. Department of State, there are two federal codes that set the eligibility of making passport. Well, the codes describe certain felony convictions that prohibit an individual from getting a passport.
- One code revealed that applicants who were convicted on drug trafficking charges will be denied to get a passport.
- Another code also prohibits individuals who are convicted of trafficking minors and traveling internationally to commit prohibited sexual behavior from obtaining a passport.
The official of the U.S. Department of State also said that under these codes, a passport cannot be issued when the application is subject to a local, state, or federal felony arrest warrant.
Additionally, if you have a warrant out for your arrest, face legal trials that are pending approval, or have served your sentence in prison and are on probation or parole, your passport issuance request may likely be rejected.
What if the person has served their sentence? If it’s the case, they may be eligible to get a passport, but not guaranteed. However, there are some strict requirements and complicated processes that felons must follow.
The following are some felony convictions that will restrict you from getting a passport:
1. Felony drug convictions
Under federal law 22 U.S.C. 2714, the United States Government does not issue a passport to anyone who is convicted of a felony or state or federal drug offense while using a passport.
Drug crime convictions involve international drug trafficking or crossing international borders while committing a crime, as well as distribution of controlled substances. Of course, the government will also revoke any existing passport in these cases.
2. Child support cases
You may not be allowed to gain a passport if you have unpaid child support arrears of more than $5,000. All you have to do is set up a payment plan or make arrangements to pay in full.
After doing so, the US Department of Health and Human Services can remove your name from the delinquent list.
3. Financial Fraud
The financial fraud here is if you owe federal and state taxes for about $50,000 or if you have federal loans that you have not yet paid. If you still have one of them or both, you will likely be prohibited from gaining a passport.
To remove the denial, you should repay any outstanding balances to the IRS or lender by either paying it off or setting up a payment plan.
The following are some other felonies that prevents you from getting a passport include:
- Rape/sexual assault
- Assault
- Child pornography
- Kidnapping
- Human trafficking
- Cybercrime
- Animal cruelty and sodomy
Well, those cases lead to a flat denial of the U.S. or any international passport for a felon.
It’s important to note that a passport is a privilege, not a right, so the government has the right whether to accept or deny your application.
Applying for a Passport as a Felon: Requirements and Process
Basically, the way to get a passport as a felon is the same as most people do, even though it can be more challenging. Here’s how to get a passport!
First, fill out the application form. The form will depend on the passport application type, including
- Form DS-11: The form is for the first-time applicant.
- Form DS-82: The form is for those who have held a passport and want to renew it by meeting the following conditions:
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- Your previous passport was issued less than 15 years ago.
- You obtained the passport when you were at least 16.
- You have the passport.
- Your passport is undamaged and unaltered.
- You haven’t changed your name or have legal documentation to show the change, for example, a marriage certificate.
Second, attach proof of U.S. citizenship, e.g., a birth certificate for the first-time applicants. If you already hold a passport, you can use your current passport.
Third, you must provide a valid photo ID, such as an expired passport, driver’s license, etc.
Fourth, you must provide court documents that show you’ve been legally released from sentence. If you have met your legal requirements, you’ll be eligible to get a passport.
Fifth, you have to add two recent passport photos, and both should comply with the U.S. passport photo guidance.
Sixth, you will have to verify the documents at a local acceptance agent if you are a first-time applicant.
Seventh, you need to pay the passport application fee, and the fees will vary based on your application, such as a new passport versus a passport renewal.
Last, you can submit your application. If you’re making a first-time application, you should do it in person at a passport agency or center. While renewals can be performed via mail.
Well, it’s very easy to apply for a passport. But since you’re a felon, the process may not be simple at all. However, you should follow it to do what you want, no matter how hard it is.
A List of Countries That Don’t Allow Felons to Enter
Not all countries can allow felons to get a passport and leave their country with a criminal record. Some countries consider felonies a grievous crime, so the rules of those countries prohibit them from having a passport.
Of course, some countries also deny felons the right to travel in their countries, including:
- Australia
- Argentina
- Canada
- Cuba
- China
- Israel
- India
- Japan
- Kenya
- Macau
- New Zealand
- South Africa
- United States
- United Kingdom
A List of Countries That Allow Felons to Enter
There are also some countries that don’t ask United States citizens for a visa, and they can enter the countries without issues, although they’re felons. Following are some countries that allow individuals with felony convictions to travel in their countries:
- Brazil
- Caribbean countries
- Cambodia
- Chili
- Mexico
- Columbia
- Ecuador
- Egypt
- Ethiopia
- Hong Kong
- Indonesia
- Ireland
- Malaysia
- Morocco
- Nepal
- Peru
- Venezuela
- European countries
- South Africa
- Singapore
- Thailand
- Tanzania
- Tunisia
- Turkey
- Philippines
- United Arab Emirates
- Ukraine
It’s important to note that a valid passport is necessary, and the six-month passport validity rule still applies.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
