You can be denied a U.S. passport for several reasons, primarily if you have outstanding legal issues, unpaid financial obligations to the government, or have committed fraud in a previous application.
Key Reasons for Passport Denial
The U.S. Department of State has specific criteria that can lead to the denial, restriction, or revocation of a passport. These reasons aim to ensure national security, enforce legal judgments, and maintain the integrity of the passport system.
Legal and Criminal Grounds
Certain legal and criminal circumstances can prevent you from obtaining a passport:
- Outstanding Federal Warrants: A valid, unsealed federal warrant of arrest will result in passport denial. This applies even if you haven't been convicted yet.
- Federal or State Criminal Court Orders: If a federal or state criminal court has issued an order preventing your departure from the United States, your passport application will be denied.
- Probation or Parole Conditions: A condition of your parole or probation that forbids departure from the United States (or the jurisdiction of the court) is grounds for denial.
- Felony Drug Convictions: Individuals with federal felony convictions related to the distribution, possession, or manufacture of controlled substances may be denied a passport if they have used a U.S. passport or crossed a U.S. border to facilitate the offense.
- Incarceration: You cannot obtain a passport while incarcerated in a federal or state prison.
- Sex Offender Registry: For certain federal sex offenses, if you are a federally restricted minor, you may be denied a passport.
Financial Obligations
Significant outstanding debts to the U.S. government can also lead to passport denial:
- Serious Delinquent Tax Debt: If you have seriously delinquent tax debt, which is typically defined as an unpaid, legally enforceable federal tax liability of more than \$50,000 (adjusted for inflation) for which a notice of lien has been filed or a levy has been issued, the IRS can notify the State Department to deny your passport application.
- Child Support Arrears: If you owe more than \$2,500 in child support arrears, your passport application will be denied until the debt is resolved. This threshold is set by federal law, and state child support enforcement agencies report these debts to the Department of State.
Other Administrative and Security Reasons
Beyond legal and financial issues, administrative reasons and security concerns can also lead to denial:
- Fraud or Misrepresentation: Providing false information or making a false statement on a passport application is a serious offense that will result in denial. This includes identity fraud, submitting fraudulent documents, or misrepresenting your citizenship.
- Previous Passport Revocation: If a previous U.S. passport was revoked for misuse or fraud, you will likely be denied a new one.
- Declared Legally Incompetent: Individuals declared legally incompetent by a court may be denied a passport.
- Threat to National Security/Foreign Policy: In rare cases, if the Secretary of State determines that your activities abroad would seriously impair national security or foreign policy, your passport can be denied or revoked.
Summary of Common Denial Reasons
Below is a table summarizing the most common reasons for U.S. passport denial:
| Category | Specific Reason | Legal Authority / Threshold |
|---|---|---|
| Legal/Criminal | Valid, unsealed federal warrant of arrest | U.S. Department of State policy |
| Federal or state criminal court order preventing departure | Court order | |
| Condition of parole or probation forbidding departure | Probation/Parole terms | |
| Federal felony drug conviction (related to passport use/border crossing) | 22 U.S.C. 2714a | |
| Incarceration in federal/state prison | U.S. Department of State policy | |
| Federally restricted minor for certain sex offenses | 22 U.S.C. 212b | |
| Financial | Seriously delinquent tax debt | IRS certification; generally >\$50,000 (adjusted for inflation) |
| Child support arrears | >\$2,500 owed, certified by state child support agency (42 U.S.C. 652(k)) | |
| Administrative/Security | Fraud or misrepresentation on passport application | 22 U.S.C. 213 |
| Previous passport revoked for misuse/fraud | U.S. Department of State authority | |
| Declared legally incompetent | Court order | |
| Activities determined to seriously impair national security/foreign policy | Secretary of State's discretion |
Addressing a Potential Denial
If you believe you might be denied a passport, it's crucial to address the underlying issue. For example:
- Legal Issues: Contact your attorney or the relevant court to resolve warrants, court orders, or probation/parole conditions.
- Tax Debt: Work with the IRS to establish a payment plan, an offer in compromise, or demonstrate that your debt is being addressed. More information can be found on the IRS website regarding passport and tax debt.
- Child Support: Contact your state's child support enforcement agency to make arrangements to pay down your arrears. Information on state agencies can often be found through the Office of Child Support Enforcement.
- Application Issues: If your application was denied due to missing information or a minor error, you might be given an opportunity to correct it. If fraud is suspected, more serious legal implications may arise.
It's important to consult official sources like the U.S. Department of State's website for the most current and accurate information regarding passport eligibility and denial criteria.
