Flying out of USA with Felony Warrants and/or Charges
Sep 7, 2016, 4:03 pm
#1
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Flying out of USA with Felony Warrants and/or Charges
Okay, so I am curious to know... Is it possible to obtain a passport and visa for international travel when you have Felony warrants and/or charges against you? In the event that you get a passport/visa for international travel, are you likely to be caught and arrested on felony warrants when trying to board an international flight out of the country? My ex is currently facing Felony Child Abandonment charges and takes a serious chance on being convicted and charged as he doesn't seem to content on cooperating with the courts demands at this point. He has made many comments about wanting to leave the country for years and was living off grid until recently. He has gotten a new state issued I.D. and now we are set for court on the warrant process for September 27th, which he said he may or may not show up to. Any help is much appreciated!
Sep 7, 2016, 9:19 pm
#3
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From the US State Department website:
Passport Restrictive Actions and Information
<snip>
A federal or state law enforcement agency may request the denial of a passport on several regulatory grounds under 22 CFR 51.60. The principal law enforcement reasons for passport denial are a valid unsealed federal warrant of arrest, a federal or state criminal court order, a condition of parole or probation forbidding departure from the United States (or the jurisdiction of the court), or a request for extradition. Any such request needs to include a copy of the valid unsealed arrest warrant or criminal court order. Please also be advised that all passport applicants are run through various law enforcement and other databases. A request for a passport denial should be in writing on official letterhead (delivered or faxed to Legal Affairs at the address below), and should include full biodata of the subject, a copy of the arrest warrant/criminal court order and the name and the agency address and phone number of the officer to be contacted. The public may NOT request passport denial.
<snip>
A federal or state law enforcement agency may request the denial of a passport on several regulatory grounds under 22 CFR 51.60. The principal law enforcement reasons for passport denial are a valid unsealed federal warrant of arrest, a federal or state criminal court order, a condition of parole or probation forbidding departure from the United States (or the jurisdiction of the court), or a request for extradition. Any such request needs to include a copy of the valid unsealed arrest warrant or criminal court order. Please also be advised that all passport applicants are run through various law enforcement and other databases. A request for a passport denial should be in writing on official letterhead (delivered or faxed to Legal Affairs at the address below), and should include full biodata of the subject, a copy of the arrest warrant/criminal court order and the name and the agency address and phone number of the officer to be contacted. The public may NOT request passport denial.
<snip>
Sep 8, 2016, 6:10 am
#4
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Okay, so I am curious to know... Is it possible to obtain a passport and visa for international travel when you have Felony warrants and/or charges against you? In the event that you get a passport/visa for international travel, are you likely to be caught and arrested on felony warrants when trying to board an international flight out of the country? My ex is currently facing Felony Child Abandonment charges and takes a serious chance on being convicted and charged as he doesn't seem to content on cooperating with the courts demands at this point. He has made many comments about wanting to leave the country for years and was living off grid until recently. He has gotten a new state issued I.D. and now we are set for court on the warrant process for September 27th, which he said he may or may not show up to. Any help is much appreciated!
US passports allow for travel without a visa to many countries; and even for travel to countries where ordinary US passport users must have a visa issued in advance of travel, most such countries issuing visas in the US for US passport holders don't seem to check/verify US law enforcement history prior to issuing short-duration visas to applicants; and most don't even check/verify such even for longer term visit and even residency applicants. Except in certain circumstances, most countries don't verify criminal history of an arriving US citizen who otherwise seems to meet the conditions of being admissible.
Whether or not someone gets stopped at a US port of exit by law enforcement? That is a far more variable outcome than whether or not someone qualifies for acquisition and/or retention of a US passport. Airline PNRs are shared with DHS/CBP, and under some circumstances that may result in the passenger being grabbed on departure attempt.
Sep 8, 2016, 6:31 am
#6
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Many visa application forms ask whether you've ever been convicted of a felony and the same is true for the entry forms you complete for immigration in other places. Some countries have been known to find USA criminal histories, such as Canada denying entry to those who have been convicted of DUIs.
Sep 8, 2016, 6:40 am
#7
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After I posted this he even went as far as to PM me on facebook stating that he planned to "move" out of the country for good.... He said he was going to comply with whatever they asked long enough to get what he needed to leave the country and that he didn't plan on coming back. If he were to face charges after leaving the country would/could they revoke his passport? It has taken years to get to this point because he was living off grid under a false identity (stole a dead mans identity according to him) in San Francisco CA. I just don't want this slipping through the cracks again because the last few years have been a huge struggle for my son and I.
Sep 8, 2016, 6:43 am
#8
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Many visa application forms ask whether you've ever been convicted of a felony and the same is true for the entry forms you complete for immigration in other places. Some countries have been known to find USA criminal histories, such as Canada denying entry to those who have been convicted of DUIs.
Canada is not the norm when it comes to how countries actually process/admit US citizens for visas/admissions. Canada uses way more US criminal history info than most other countries use when it comes to ordinary US passport users.
Sep 12, 2016, 11:18 am
#9
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After I posted this he even went as far as to PM me on facebook stating that he planned to "move" out of the country for good.... He said he was going to comply with whatever they asked long enough to get what he needed to leave the country and that he didn't plan on coming back. If he were to face charges after leaving the country would/could they revoke his passport? It has taken years to get to this point because he was living off grid under a false identity (stole a dead mans identity according to him) in San Francisco CA. I just don't want this slipping through the cracks again because the last few years have been a huge struggle for my son and I.
Sep 12, 2016, 3:19 pm
#10
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After I posted this he even went as far as to PM me on facebook stating that he planned to "move" out of the country for good.... He said he was going to comply with whatever they asked long enough to get what he needed to leave the country and that he didn't plan on coming back. If he were to face charges after leaving the country would/could they revoke his passport? It has taken years to get to this point because he was living off grid under a false identity (stole a dead mans identity according to him) in San Francisco CA. I just don't want this slipping through the cracks again because the last few years have been a huge struggle for my son and I.
If he's behind on child support payments in the US above a certain amount, then he won't qualify for a US passport. Still, US citizens don't all need a passport to leave the US.