Legality and use of a second passport
Legality and applicability
This is one of the most controversial issues related to the adjustment process. There are two main points of view: some believe that using a second passport is fraudulent, while others believe that it is perfectly legal.
Let's try to understand.
Arguments of the opponents of the second passport:
If your passport has been confiscated by officials, it means that you should not have a second passport and should not use it. Concealing the existence of a second passport is cheating the authorities. The second passport information is not in the system.
Arguments of the proponents:
The officers had no right to confiscate the passport. Possession of two (or even three, including internal) passports is legal. Nobody questioned the second passport.
Before we take sides, let's understand why deportation officials confiscate a passport.
Is it to make your life more difficult? No.
To enforce a bank card and driver's license freeze? No.
The passport is confiscated in the event of deportation.
That's what a U.S. attorney with an impeccable reputation says:
The Department of Homeland Security (DHS) seizes a foreign national's passport at the beginning of deportation proceedings to ensure that the detainee can be returned at the conclusion of the proceedings. Simply put, once an immigration court finds a person removable from the U.S., DHS will use that person's passport to return them to their country of citizenship.
As a result, you do not need to put all of your passports in the hands of ICE officers. Their goal is not to make your life more difficult. Their job is to make the deportation go smoothly once the judge makes the decision.
In addition, it is worth noting the following:
You can only request a temporary return to process paperwork.
This information from attorney Richard Andrew Constantino can be found here.
You can also read another attorney's opinion and some case law here.
Another argument by opponents of the second passport is that its use is deception of the officer and can be used against you in court or in the subsequent legalization process under CIMT - Crime Involving Moral Turpitude.
You can read this law for yourself by clicking on the following link.
You can determine for yourself if using a legal second passport is a crime involving moral turpitude.
Third point: the lack of passport information in the system, which may soon be discovered. If you look at your documents, you probably won't find your passport information anywhere. Some people have their passport number listed on their electronic I-94 form. However, most people have their A-number listed instead of their passport. The A number is your primary identification number within the United States. It is followed by your SSN and your I-94. Your passport information is missing from both the court system and the IRS. At least until you fill out a Form I-589 or I-765.
A passport is not a document for life. It can expire, be lost, stolen, or replaced. It is also possible to have a second or third citizenship.
Ask yourself these questions:
And then make your decision.
In conclusion, there will always be people who support both points of view. The decision is yours. Enough material to make sense of this problem.
Tip: If you are hesitant and very afraid to use a second passport, just go to an ICE officer and tell them you have a second passport. Ask if you have to turn it in and if you can use it. Most likely, 99% of the officers will be surprised and not understand why you are asking such questions and will not confiscate your second passport.
This is one of the most controversial issues related to the adjustment process. There are two main points of view: some believe that using a second passport is fraudulent, while others believe that it is perfectly legal.
Let's try to understand.
Arguments of the opponents of the second passport:
If your passport has been confiscated by officials, it means that you should not have a second passport and should not use it. Concealing the existence of a second passport is cheating the authorities. The second passport information is not in the system.
Arguments of the proponents:
The officers had no right to confiscate the passport. Possession of two (or even three, including internal) passports is legal. Nobody questioned the second passport.
Before we take sides, let's understand why deportation officials confiscate a passport.
Is it to make your life more difficult? No.
To enforce a bank card and driver's license freeze? No.
The passport is confiscated in the event of deportation.
That's what a U.S. attorney with an impeccable reputation says:
The Department of Homeland Security (DHS) seizes a foreign national's passport at the beginning of deportation proceedings to ensure that the detainee can be returned at the conclusion of the proceedings. Simply put, once an immigration court finds a person removable from the U.S., DHS will use that person's passport to return them to their country of citizenship.
As a result, you do not need to put all of your passports in the hands of ICE officers. Their goal is not to make your life more difficult. Their job is to make the deportation go smoothly once the judge makes the decision.
In addition, it is worth noting the following:
- A passport is not the property of a citizen; it is the property of the government.
- There is no law governing the seizure and return of passports.
You can only request a temporary return to process paperwork.
This information from attorney Richard Andrew Constantino can be found here.
You can also read another attorney's opinion and some case law here.
Another argument by opponents of the second passport is that its use is deception of the officer and can be used against you in court or in the subsequent legalization process under CIMT - Crime Involving Moral Turpitude.
You can read this law for yourself by clicking on the following link.
You can determine for yourself if using a legal second passport is a crime involving moral turpitude.
Third point: the lack of passport information in the system, which may soon be discovered. If you look at your documents, you probably won't find your passport information anywhere. Some people have their passport number listed on their electronic I-94 form. However, most people have their A-number listed instead of their passport. The A number is your primary identification number within the United States. It is followed by your SSN and your I-94. Your passport information is missing from both the court system and the IRS. At least until you fill out a Form I-589 or I-765.
A passport is not a document for life. It can expire, be lost, stolen, or replaced. It is also possible to have a second or third citizenship.
Ask yourself these questions:
- Is the second passport a forgery?
- Did I obtain it legally?
- Did I conceal my possession of my second passport from officials?
- What is the purpose of my passport?
And then make your decision.
In conclusion, there will always be people who support both points of view. The decision is yours. Enough material to make sense of this problem.
Tip: If you are hesitant and very afraid to use a second passport, just go to an ICE officer and tell them you have a second passport. Ask if you have to turn it in and if you can use it. Most likely, 99% of the officers will be surprised and not understand why you are asking such questions and will not confiscate your second passport.