# Will a passport automatically be denied for a failure to appear warrant for a Felony charge? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [April 12, 2017, 8:59am UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299 "2017-04-12T08:59:55Z")\ **Posts on this page:** 6\ **Page:** 2
**Author:** ![TheWhitePorsche](https://avatars.discourse-cdn.com/v4/letter/t/c57346/32.png) [@TheWhitePorsche](https://boards.straightdope.com/u/TheWhitePorsche)\ **Post date:** [April 21, 2017, 4:34am UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/21 "2017-04-21T04:34:07Z")
True. But I imagine that there is someone out there who applied for a passport with an FTA and can state that they were approved or denied. ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [April 21, 2017, 7:21am UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/22 "2017-04-21T07:21:07Z")
> [@TheWhitePorsche](#): > > True. But I imagine that there is someone out there who applied for a passport with an FTA and can state that they were approved or denied. A single data point isn’t likely to help you, especially if the passport was denied. This probably isn’t the best forum to find a substantial number of people with FTA warrants, and probably even less for people to admit that they have one. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [April 21, 2017, 4:30pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/23 "2017-04-21T16:30:37Z")
> [@JRDelirious](#): > > FWIW, the Instructions to [Form DS-11](https://eforms.state.gov/Forms/ds11.pdf) do include in Page 4 the following: > > > [@](#): > > > > ACTS OR CONDITIONS > > > > If any of the below-mentioned acts or conditions have been performed by or apply to the applicant, the portion which applies \*\*should \*\*be lined out, and a supplementary explanatory statement under oath (or affirmation) by the applicant \*\*should \*\*be attached and made a part of this application. > > … > > Furthermore, I have not been convicted of a federal or state drug offense or convicted of a “sex tourism” crimes statute, and I am not the subject of an outstanding federal, state, or local warrant of arrest for a felony; a criminal court order forbidding my departure from the United States; a subpoena received from the United States in a matter involving federal prosecution for, or grand jury investigation of, a felony. > > … > So _the applicant_ has a duty of disclosure, and _must provide a sworn explanation_ of what’s the deal. This last bit is suggestive that it’s not absolutely “automatic” but they first want to at least have a look for the record at the what and why, before making the decision. If s/he fails to disclose and explain, or explains falsely, and that is found out, that would mean filing a false application (plus perjury if it’s a false explanation) and would make it void. Excellent citation **JRDelirious**. Thank you. But note my bolding. The word “should” is not, as a matter of strict legal drafting, mandatory. At least insofar as the DS-11 instructions say, an applicant is free to omit to cross out things that aren’t true in his/her case and is free to not submit an explanation. We’d have to dig backwards into the State Dept. policies, regs, and enabling legislation to see whether that “should” is sloppy workmanship by whoever created the DS-11 form or is something that originates deeper in the bowels of law. As to the OP’s quibbling “But what if this? But what if that …” IMO you’re not helping. The crystal clarity you seek is unavailable from us here, and is probably unavailable anywhere on earth. The fact a question is simple to ask says almost nothing about how easy it is to answer. In fact simple questions are almost always impossible to answer succinctly and precisely. Why? Because they’re asked in a way that inadvertently includes several possible set-ups each of which has a different (and often subtle) answer. It may well be that all such applications are automatically rejected. But there’s an appeal process you can use. So what does that mean for your situation? That you have no hope of getting a passport or that you have slim hope of getting a passport? What of somebody now in the federal witness protection program who still has warrants from his prior life as a crook? Or what about a CIA secret agent with several paper identities? You can keep playing this what-if game down the rabbit hole as far as our collective imaginations can carry us. If you tell us 100% of every fact about the specific case we have a hope of getting closer to an answer for that specific case. But only \*closer \*to the answer; we’ll never arrive \*at \*the answer. Why? Because human bureaucracy is not perfect; any outcome is possible when you actually submit your paperwork and some specific clerk looks at it on some specific day. My practical advice: pay an immigration attorney to look into your specific case. They know who to talk to, which questions to ask, and can ask questions without highlighting you personally. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [April 21, 2017, 5:02pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/24 "2017-04-21T17:02:42Z")
> [@TheWhitePorsche](#): > > @jrDelirious: best answer submitted so far. An applicant may not be aware of an outstanding warrant, though. Then he or she would just apply without worry. Then, BAMB, or not. Life’s funny that way ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 21, 2017, 5:17pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/25 "2017-04-21T17:17:39Z")
Thinking outside the box, you could just take care of the warrant. I do know from traveling with someone with and extremely common name, when you try to get back into the country with an active warrant you will be yanked out of customs and not allowed entry without handcuffs. Unless you are seeking advice how to flee the country? ---
**Author:** ![john\_doe1974](https://avatars.discourse-cdn.com/v4/letter/j/edb3f5/32.png) [@john\_doe1974](https://boards.straightdope.com/u/john_doe1974)\ **Post date:** [May 8, 2018, 8:33pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/26 "2018-05-08T20:33:33Z")
> [@TheWhitePorsche](#): > > @jrDelirious: best answer submitted so far. An applicant may not be aware of an outstanding warrant, though. Did you ever get your question answered? I actually renewed my passport with a fta warrant but this was in 2009. It came back without incident! [Previous page](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299.md?page=1)