Passport fraud is a federal felony offense. It is considered a serious crime by the U.S. government. Passport fraud is seeking to gain the benefits of citizenship in a country by forging a passport or falsifying other legal documents to obtain a passport.
Since August 2007, the U.S. has issued only e-passports. E-passports have a computer chip embedded in the back cover; the chip contains a digital photograph and other biometric information about the passport holder. Although some technology experts say this information is easy to copy, this technology is intended to defeat forgery. Watermarks and other security details are also built into official passports
In July of 2008, the Department of State started issuing passport cards. A passport card can be used to re-enter the U.S. from Canada, Mexico, the Caribbean and Bermuda only and only at land border crossings and sea ports. The passport card can fit in a person’s wallet, but it is a regular travel document. The passport card is less expensive to obtain and arguably more convenient than a regular passport.
Some types of passport fraud are as follows:
- Applying for a passport with the identity of a dead person;
- Applying for a passport or a visa, using fake supporting documents, such as phony birth certificates;
- Using a stolen passport;
- Using a passport that has been altered.
Of course, criminal commit passport fraud for a variety of reasons, but among them are:
- A person’s wish to conceal their identity, possibly because they are being sought by law enforcement;
- A person’s wish to Illegally enter the U.S.;
- A person’s wish to avoid deportation from the U.S.;
- A person’s wish to commit financial crimes; and
- A wish to facilitate other criminal activity, such as drug trafficking or alien smuggling.
Anyone involved in the process of manufacturing or obtaining falsified or phony passports may be guilty of a federal felony criminal offense.
How Are Passports Typically Forged?
There are a variety of ways to forge a passport to gain entry into the United States. A forger may steal a passport and then erase certain information and replace it with false information. Or, a passport forger might be able to obtain a passport with a pre-printed number but no biographical information from a corrupt government official at a U.S. embassy.
A passport forger may also obtain a valid US passport by using a fraudulent name and falsified supporting documentation. Or a person intent on passport fraud could steal a valid U.S. passport and assume the true owner’s identity.
However, as passports now have increased security protective measures, it is more challenging to successfully forge a passport.
What Are the Elements of Passport Fraud?
Customs and Border Protection (“CBP”) is the immigration agency that inspects a person’s passport when the person enters the U.S. at a port of entry.
If CBP makes a finding that a person’s passport is fraudulent they respond in one of two ways. They either:
- Issue an expedited order of removal of the person; or
- Arrest the person on a charge of passport fraud.
There are two elements of passport fraud as follows:
- A person possessed a forged, counterfeited, altered, or falsely made passport, and
- The person knew that the passport was forged, counterfeited, altered, or falsely made.
Of course, as mentioned above, fraud or misrepresentation committed upon attempting to enter the U.S. at a port of entry is grounds for the CBP to deny entry. For example, having a visa that was obtained by deception or attempting entry into the U.S. through fraud is equivalent to attempting to enter without a visa at all.
The fraud involved in passport fraud must involve a material fact, that is, a fact that if revealed would have barred the person from entering. If a passport was obtained through the use of false information in the application process, then the passport holder has committed fraud.
The government only has to establish that the immigrant knew that the information on the passport is false. The government does not have to prove the reasons for which an immigrant used a false passport or put false information on the passport. The government must only prove that the holder of a fraudulent passport had the intent to commit the crime of passport fraud and to enter the country through illegal means.
What Happens If an Immigrant Tries To Enter the U.S. With a Forged or Stolen Passport?
The penalties for passport fraud range from 5 to 25 years in federal prison, depending on the facts of the case. In addition, if a person uses another person’s identity in the fraud, a charge of aggravated identity theft is possible. If aggravated identity theft is proven, the judge is required by law to impose a minimum mandatory sentence of 2 years in federal prison and the 2 years must be imposed consecutively to any other sentence.
The immigration consequences of a charge of passport fraud depend on the person’s prior criminal and immigration record and the sentence imposed in the case. If a person receives an order of removal in Immigration Court based on the charge, they will more than likely receive a 10- year bar from entering the United States. However, permanent bars are always a possibility.
What If the Passport Holder Is an American Citizen?
Using a forged or stolen passport is a crime, which applies to American citizens as well as non-citizens. However, unlike non-citizens, a citizen’s passport can only be revoked after a hearing.
But a citizen who has been convicted of passport fraud is not going anywhere anyways, because they may well be serving a lengthy sentence in a federal prison. So, they do not really need a passport.
What Are the Consequences of Passport Forgery?
Passport forgery is a serious offense that can carry penalties of imprisonment and heavy fines. In addition to charges for forgery, you can also be charged with other offenses such as identity theft and fraud for using the passport to travel, as identification, or to apply for visas and other documents.
For a basic, first offense of passport fraud, such as lying on a passport application, a person can be fined as much as $250,000 and sentenced to up to 10 years in prison. Even if a particular incident does not lead to a criminal conviction, the perpetrator may be permanently ineligible for entry into the U.S. for making a false claim of U.S. citizenship.
Should I Contact a Lawyer About My Passport Issue?
If you have been charged with passport fraud and any accompanying crimes, e.g. narcotics offenses, you need to consult an experienced immigration lawyer who can help defend your case. You risk the possibility of serious criminal penalties – a long prison sentence and large fines – so you need to consult a lawyer as soon as possible.
If your passport has been stolen, you can assist the CPB and help prevent passport crimes by reporting it promptly to prevent its being used for passport fraud.
