How to get passport if I'm undocumented?

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3 days ago · 0 followers

Answer

Obtaining a passport as an undocumented individual depends entirely on your citizenship status and legal circumstances. If you are a U.S. citizen (e.g., born in the U.S. or naturalized) but your parents are undocumented, you can apply for a U.S. passport by providing proof of your citizenship, though the application may require parental information. If you are a foreign national without legal status in the U.S., you cannot apply for a U.S. passport, but you may be able to renew or obtain a passport from your home country’s embassy or consulate—though this carries immigration risks.

  • U.S. citizens with undocumented parents can apply for a U.S. passport by submitting Form DS-11, proof of citizenship (e.g., birth certificate), and a valid ID, but must disclose parental information, which does not automatically trigger immigration enforcement [1][6][10].
  • Undocumented immigrants from other countries may request a passport from their home country’s embassy, but this could alert immigration authorities and potentially lead to deportation proceedings [3][9].
  • No direct pathway exists for undocumented individuals to obtain a U.S. passport unless they first gain legal status (e.g., through naturalization, asylum, or other immigration relief) [5][10].
  • Risks of embassy interactions: Renewing a foreign passport while undocumented may require in-person visits to consulates, which could expose individuals to immigration enforcement [9].

Legal Pathways and Risks for Undocumented Individuals

Applying for a U.S. Passport as a Citizen with Undocumented Family

U.S. citizens—including those born in the U.S. to undocumented parents—are legally entitled to a U.S. passport. The application process requires Form DS-11, proof of citizenship, a government-issued photo ID, and a passport photo. However, the form asks for parental information, including citizenship status, which raises concerns about exposing undocumented family members.

  • Required documents for U.S. citizens:
  • Completed Form DS-11 (cannot be submitted online; must be done in person) [1][6].
  • Primary evidence of citizenship, such as a U.S. birth certificate, Certificate of Naturalization, or previous U.S. passport [5].
  • Valid photo ID (e.g., driver’s license, state ID) and a photocopy [1].
  • Passport photo meeting State Department requirements [6].
  • Parental information disclosure:
  • The DS-11 form requires applicants to list parents’ full names, birthplaces, and citizenship status [4][7].
  • No direct evidence in provided sources suggests this information is shared with immigration enforcement agencies like ICE. The State Department’s primary role is passport issuance, not immigration enforcement [1][10].
  • Legal experts on Reddit note that while the form asks for this data, there is no indication it triggers deportation proceedings against parents [4][7].
  • Processing and fees:
  • Routine processing takes 6–8 weeks; expedited service (2–3 weeks) costs an additional $60 [10].
  • Fees: $130 for the passport book + $35 execution fee for adults; $100 + $35 for minors [10].
Key takeaway: U.S. citizens can and should apply for a passport regardless of their parents’ status. The parental information requested is not confirmed to pose a direct risk to undocumented family members, though applicants may consult an immigration attorney for case-specific advice.

Obtaining a Foreign Passport While Undocumented in the U.S.

Undocumented immigrants who are citizens of another country may theoretically renew or obtain a passport from their home country’s embassy or consulate in the U.S. However, this process is fraught with legal risks, including potential deportation.

  • Embassy/consulate process:
  • Many countries allow citizens to apply for passports at their U.S.-based embassies or consulates [3].
  • Requirements typically include proof of citizenship (e.g., birth certificate from the home country), a valid ID (which may be difficult to obtain without legal status), and an in-person appointment [9].
  • Some embassies may require applicants to provide a U.S. address or immigration status, which could complicate the process [3].
  • Risks of engaging with foreign consulates:
  • ICE collaboration: Immigration and Customs Enforcement (ICE) may request passports from embassies for deportation purposes. While embassies are generally sovereign territory, leaving the consulate could expose individuals to enforcement [3].
  • Legal warnings: Attorneys on Avvo emphasize that renewing a foreign passport while undocumented can trigger deportation proceedings, as consulates may not protect applicants from U.S. immigration authorities [9].
  • No guarantees of safety: Even if the consulate does not share information, traveling to the appointment or possessing a foreign passport could draw scrutiny if stopped by law enforcement [9].
  • Alternatives and precautions:
  • Legal consultation: Immigration attorneys strongly advise undocumented individuals to seek legal counsel before attempting to renew a foreign passport [9].
  • Avoid travel: Using a foreign passport to leave the U.S. without legal status could result in a 10-year re-entry ban under U.S. immigration law [3].
  • Limited exceptions: Some countries (e.g., Mexico) have programs to issue passports or consular IDs to undocumented citizens without triggering U.S. enforcement, but this varies by nation and is not universally safe [3].
Key takeaway: While technically possible, obtaining or renewing a foreign passport while undocumented in the U.S. carries significant legal risks. Individuals should weigh the necessity of the passport against potential immigration consequences and consult an attorney.
Last updated 3 days ago

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