What Are My Rights for Getting a Passport & Leaving the United States?

Generally speaking, citizens of the United States have the right to obtain a U.S. passport at their request for travel outside the country. Under certain circumstance, because of legal problems of the applicant, a passport application can be denied.
  1. Normal Channels

    • For most people, getting a passport for the first time or renewing one means gathering documents to prove identity, paying the required fees, and waiting a few weeks for the U.S. Department of State to process the application.

    Law Enforcement Denials

    • State or federal law enforcement agencies, acting under federal guidelines, may ask the State Department to deny a passport request. Typically the reasons for such requests are an outstanding arrest warrant on the applicant; or a court order pertaining to the applicant; or as a condition of a parole that the applicant is serving.

    Passport Denial Program

    • Under the federal Passport Denial Program, noncustodial parents who are more than $2,500 in arrears on their child support payments in any state, even if the parent doesn't live there, can be turned down for a passport.

    Resolving a Denial

    • The state in which the child support is owed must certify to the federal government that a parent is behind on child support for a passport to be denied. Before a passport can be issued, the Federal Office of Child Support Enforcement (OCSE) has to determine whether payment has been made.

    Timing of Denial

    • If a case is resolved by the OCSE within 90 days of a passport application, that application will go through. If it the OCSE doesn't resolve the case in 90 days, the application must be resubmitted.

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