• 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, comply with all applicable requirements, and that there is no statutory or regulatory reason to deny the passport.
• A U.S. passport is issued to each eligible applicant.
• Children may acquire the citizenship of a non-U.S. citizen parent and potentially have a passport from both the U.S. and the country of the non-U.S. citizen parent’s citizenship at the same time.
• A minor is defined for passport purposes as an unmarried, unemancipated person under the age of 18.
• Passport applications for minors under age 16 must be filed in person by a parent, or by an individual specifically authorized as a person in loco parentis, with the minor present.
• Applications for minors under age 16 must be accompanied by documentation of the minor’s U.S. citizenship, identity and compliance with the Two-Parent Consent Law.
• Grandparents 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.
Passport Restrictions for Minors
• A state court has the authority to order a parent, possessing a child’s passport, to surrender the passport to the court or the court’s designee.
• Such an order is enforceable by the court’s authorities under its state’s law.
• The court may hold the passport as long as it deems necessary to reduce the likelihood of the removal of a minor child from the United States.
• In such cases, the action to withhold the passport should be reported to the Office of Children’s Issues to prevent unauthorized attempts to replace it.
• Questions about the possible value of passport revocation should be sent to the Office of Adjudication.
• At the request of either parent or his/her attorney, the Department of State will give effect to the intent of state civil court orders regarding a child’s custody and/or travel by denying a minor child’s passport when appropriate. 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. Under this system, the Department of State will notify the requesting parent or attorney that a passport application is being filed for the child. 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 passport would be denied.
• Unless parental rights have been removed, either parent, with or without custody, can obtain information about his/her minor child’s passport status as part of a passport restriction request. Certified copies of a child’s passport application can be obtained from:
U.S. Department of State
44132 Mercure Circle
PO Box 1227
Sterling, VA 20166-1227
Assistance to Law Enforcement Agencies in Abduction Cases
• Appropriate law enforcement agencies may place the name of an adult, subject to a Federal Warrant for Parental Child Abduction or Unlawful Flight to Avoid Prosecution, into the Department’s passport name check system.
• This action can assist in locating the fugitive, prevent future passport issuance to them or force their return to the United States from a foreign country.
• 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). Please note that the physical revocation of a passport is often difficult.
• Often, when foreign law enforcement agencies are informed by the Department that the passport of a U.S. citizen in foreign custody has been revoked, they will deport the person under escort because of that person’s status as an undocumented alien.
• Thus, passport revocation (or the threat of passport revocation) is especially valuable when attempting to convince a parental kidnapper to return, with the child, to the United States.
• To begin the revocation process, law enforcement officers should make a request, in writing, to the Office of Adjudication.
Civil Law Enforcement Requests Relating to an Adult • 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.
• 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.
• If requested to do so by the court, issuance of the passport may be delayed for a minimal period of time – generally 10 days. This can be helpful to prevent a parent’s use of a passport in international child abduction when the judge has placed a passport restriction as a condition of visitation or other parental privilege.
• Judges may request information about a party whom they have ordered to turn in their current passport by writing to the Office of Adjudication.
Years of Experience
One of The Most Ethical Lawyers I’ve Ever Known...
Let me start by saying I am extremely pleased by Mr. Devereux's work, professionalism, and devotion to his clients. He was very honest and never made any false promises about the outcome of my case nor did he try to seek compensation further than our initial contract. I initially consulted and even hired other experienced attorneys but nothing got accomplished. Mr. Devereux worked on my case for over six months and was able to get my case dismissed which I was told by previous attorneys was impossible. My husband and I are forever grateful for his great work!
Brillant & Informative Attorney
Michael came to us when we were in crisis and had just lost 500k in an internet wire fraud hack job by criminals. He lightened us up with good information and follows up. Just a really nice good guy and easy to talk too.
Internet Extortion Case
When I thought my case was impossible, Michael came to the rescue. His knowledge of internet forensics is beyond impressive. I cannot thank him and his team enough for all of their hard work.
Mr. Devereux and his firm did an outstanding job with understanding and handling my case. From the initial consultation on the phone, Mr. Devereux put me at ease that the situation could be taken care of. Let me just say that I'm not an educated man, but I do know how to treat people, and I know when someone has a good heart. I would like to personally thank Mr. Devereux for communicating with me constantly during the process, and for responding to my emails and/or phone calls in a very timely fashion. Thank you!!!!
Five Stars Isn't Enough...
When I had the good fortune to be represented by Mr. Devereux I was reminded that God does indeed work through others. I owe this man my life, literally. Everyone told me my case was hopeless, that I was a fool to take this to trial and this man had faith in me and his ability to give me a fair trial and ultimately an astounding new belief in humanity. Watching him in action was like watching a surgeon save a life.I believed he truly cared about me and my case. I can't thank him enough. Thank you Mr. Devereux!!
Super Lawyer beat the pants off the Prosecutor & the Judge-WINS unanimously in less than 40 minutes of Jury deliberation.
YES, I highly recommend Michael as a Super Lawyer. Michael took my case to the full jury trial because the issue was politically sensitive and he beat the pants off the Prosecutor. The prosecutor commented such and shook his hand at the end. Michael is a fact driven lawyer. He fights to WIN. Although the experience is troubling for anyone to have to go to court, Michael takes the burden away & off the client.