Will the re-issuance of a passport be denied by the state department for an outstanding FTA warrant for a class 2 felony? Lost passport overseas and never reported it. Can embassy detained someone on a state warrant for FTA (failure to appear)?
This brings up a few questions. If you lost your passport overseas and never reported it, I’m assuming you are either still overseas or military, because I can’t see how you’d get back otherwise.
If you’re still overseas, the embassy can’t keep you out of your home country, and can probably help you get documents together to get back. I doubt if they’d arrest you there, but they might ask difficult questions and those might lead to an arrest upon return.
If you’re home, you can probably file a report on the lost passport after the fact, but the charges might make it difficult to cross any borders. It’s not that you’d necessarily be arrested (I don’t know), but the foreign country might just deny entry.
True. Canada is famously linked in to US criminal databases, and it’s unlikely they’d let you over the border. If you wanted to go to Mali or something, they might not check, or you might be able to find ome creative way to get in.
Legal advice is best suited to IMHO.
General Questions Moderator
Good assumption considering OP’s username.
The replies were rather vague. Will the State department reject my re issuance of a passport for having pending arrest warrant for FTA in felony court. These warrants are entered into NCIC – But these are not federal charges, charges for drugs, murder, kidnapping, or anything wild like that.
Most lawyers that I have asked about this are absolutely clueless – while others have pulled sums onwards of thousands of dollars for finding this information out.
What makes you think a bunch of random strangers on the internet are going to provide you a more definitive answer than actual practicing attorneys?
Your best bet is to apply for a new passport and see what happens. If they reject it, they reject. Knowing they might ahead of time, doesn’t help you any.
The replies are vague because we have so little to work with. As already asked, are you still overseas and lost your passport (so you cannot return home)? Or something else?
Well, replies were vague because you’re not providing the board very much information to go on. And all you’ll get on a (free, ahem) message board are generalizations and opinions, anyway. I’m pretty sure none of the lawyer-Dopers are going to go out on a limb with specifics for you, especially with so little information to go on.
Sorry I don’t have an answer for you - many years ago I (a US citizen) had my purse and passport stolen in Scotland while I was living there. As I recall, it was quite a big deal to get a replacement issued. Interviews with stern officials, lots of paperwork, saying the Pledge of Allegiance on video, etc. But I didn’t have any warrants and I got my replacement passport eventually.
You may just have to suck it up and pay an attorney well-versed on this topic to get a definitive answer.
First thing: Is it a state crime or a federal crime?
Second thing: Does the court consider you a flight risk (and report that to State)?
In 2003-ish my now husband (then boyfriend) and I flew into to Canada for a ski trip. We had been to the Great White North previously visiting my relatives, but had only driven across the border. He has a fairly common first and last name, think Robert Smith. The border guard at Immigration coming home gave him the third degree on what I can only assume were warrants on people with the same name as him. He asked him if he had been to Kansas City in the last year, did he conduct business in Duluth, IA, etc. It was quite extensive. I think the post-9/11 security mode was in full swing and they were being quite cautious.
As to OP, they will probably give you your passport, but you might have a hard time using it if you have a warrant out for your arrest.
My apologies to the follow members of the board for my lack of more thorough information on the subject.
Yes, I am overseas, and my passport was either lost or stolen around December of 2013. There are two outstanding warrant for failure to appear in court while out on bond. These are for charges stemming from a domestic incident regarding property. Both cases, to my current knowledge, are inactive pending my apprehension.
Now, I understand that my name will appear on the NCIC datebase since these are felony warrants, however, not federal felony warrants. That the state department has a central name check database which the prosecuting court district would have to file a petition for revocation of my passport. my passport is still valid and active.
That is all I know at this time. I have read through countless forums and article on the internet – all in which has mixed feedback as to whether or not the state department will deny my a replacement passport in height of the pending arrest warrants against me. I have pending charges, however, have never been convicted of a felony, and have never been on probation or parole.
If your arrest warrants are for here in the US, why wouldn’t the US government grant you a new passport so that you can come home to face your charges?
Omar, they may elect to deny the re-issuance, and simply issue me a document in which I can only travel back to the U.S.
This sounds to me like the most likely outcome: they would issue a restricted travel document. Unless you have dual citizenship and / or permanent residence in the country where you are, I don’t see any alternative but to apply and hope for the best.
Truthfully, I don’t want to come back, but it is not feasible to stay where I am at for an extended term. Only since there is a lot of bullshit going on politically where I am at. Like, the thief who stole it didn’t even take my money, but instead just my passport. I’d imagine it is some amateur driving to sell it off to someone bold and brave enough to try and enter the U.S.A with a altered/stolen passport; especially with the biometrics and NCIC cross-check that is executed by D.H.S upon arrival at U.S customs.
In other words, I have went over this topic with several attorneys and have read extensively on the internet on other forums looking for a close to definitive answer to the questions of re-issuance based on the information I have provided regarding the circumstances for a potential denial.
Why didn’t you re-apply in the last 6 months? Do you think they will try to extradite you?
I am envisioning a rather amusing result should someone try to enter the USA on a passport stolen from someone with warrants out for arrest.
They SHOULD NOT issue the passport.
Here’s the law
That will be $3,000 dollars please.