Fewer than half of Americans carry a valid passport, according to the State Department. The process isn’t exactly quick or easy. Passport application processing times are anywhere from eight to 11 weeks not including mailing time, according to the State Department’s latest update.
It’s not cheap either. Passport book fees increased by $20 in December, bringing the total fee for a first-time adult passport applicant to $165.
But you face another potential barrier if you have a felony on your record.
Travel newsletter:Travel industry news and expert reviews on air travel, hotels, cruises, and more.
Passport app 101:What to know before applying for a passport
Can a felon get a passport?
It depends.
According to the State Department, there are two federal codes that govern passport eligibility. The codes outline certain felony convictions that prohibit someone from obtaining a passport.
According to one code, applicants convicted on drug trafficking charges cannot obtain a passport “if the individual used a U.S. passport or otherwise crossed an international border in committing the offense.”
Another code also prohibits people convicted of trafficking minors and traveling internationally to engage in “illicit sexual conduct” from obtaining a passport.
Under these codes, a passport cannot be issued “when the applicant is subject to a local, state or federal felony arrest warrant,” a State Department official said.
But what if someone has already served their time?
Prior felony conviction? Eligible, but not guaranteed
It’s possible to obtain a passport after a prior conviction, but it can still be difficult, according to Allen Orr, president of the American Immigration Lawyers Association.
“If you were a smuggler and for some reason, you got off on a technicality or whatever reason,” Orr said. “They’re not going to just say ‘You’re fine to travel internationally.’ ”
That’s because the federal code allows the government to deny a passport if the Secretary of State determines that “the applicant’s abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States.”
“When you leave on a passport, the United States is responsible for you,” Orr said. “So if something were to happen it could be an international crisis.”
“It isn’t a punishment. It’s a protection to the United States and diplomatic realities,” Orr said. “Because a passport is a luxury to have, not a right.”
Other reason passports get denied
It doesn’t take landing in jail to get refused a passport. Owing more than $2,500 in child support makes you ineligible, according to the State Department website, as does having $50,000 or more in seriously delinquent tax debt or defaulting on a repatriation loan from the federal government.
Leave a Reply