Limitations or revocation of US Passports § 51.62 Revocation or

Limitations or revocation of US Passports 
 
§ 51.62 Revocation or limitation of passports. 
(a) The Department may revoke or limit a passport when 
(1) The bearer of the passport may be denied 
a passport under 22 CFR 51.60 or 51.61; or 51.28; or any other provision 
contained in this part; or, 
 
(2) The passport has been obtained illegally, fraudulently or erroneously; 
was created through illegality or fraud practiced upon the Department; or 
has been fraudulently altered or misused; 
(b) The Department may revoke a passport when the Department has 
determined that the bearer of the passport is not a U.S. national, or 
theDepartment is on notice that the bearer's certificate of citizenship or 
certificate of naturalization has been canceled. 
 
§ 51.60 Denial and restriction of passports. 
(a) The Department may not issue a passport, except a passport for direct 
return to the United States, in any case in which the Department determines 
or is informed by competent authority that: 
(1) The applicant is in default on a loan received from the United States 
under 22 U.S.C. 2671(b)(2)(B) for the repatriation of the applicant and, 
where applicable, the applicant's spouse, minor child(ren), and/or other 
immediate family members, from a foreign country (see 22 U.S.C. 
2671(d)); or 
(2) The applicant has been certified by the Secretary of Health and Human 
Services as notified by a state agency under 42 U.S.C. 652(k) to be in 
arrears of child support in an amount determined by statute. 
(3) The applicant is certified by the Secretary of the Treasury as having a 
seriously delinquent tax debt as described in 26 U.S.C. 7345. 
(4) The applicant is a covered sex offender as defined in 22 U.S.C. 
212b(c)(1), unless the passport, no matter the type, contains the 
conspicuous identifier placed by the Department as required by 22 U.S.C. 
212b. 
(b) The Department may refuse to issue a passport in any case in which 
the Department determines or is informed by competent authority that: 

(1) The applicant is the subject of an outstanding Federal warrant of 
arrest for a felony, including a warrant issued under the Federal Fugitive 
Felon Act ( 18 U.S.C. 1073); or 
(2) The applicant is subject to a criminal court order, condition of 
probation, or condition of parole, any of which forbids departure from the 
United States and the violation of which could result in the issuance of a 
Federal warrant of arrest, including a warrant issued under the Federal 
Fugitive Felon Act; or 
(3) The applicant is subject to a U.S. court order committing him or her to 
a mental institution; or 
(4) The applicant has been legally declared incompetent by a court of 
competent jurisdiction in the United States; or 
(5) The applicant is the subject of a request for extradition or provisional 
request for extradition which has been presented to the government of a 
foreign country; or 
(6) The applicant is the subject of a subpoena received from the United 
States pursuant to 28 U.S.C. 1783, in a matter involving Federal 
prosecution for, or grand jury investigation of, a felony; or 
(7) The applicant is a minor and the passport may be denied under 22 
CFR 51.28; or 
(8) The applicant is subject to an order of restraint or apprehension issued 
by an appropriate officer of the United States Armed Forces pursuant to 
chapter 47 of title 10 of the United States Code; or 
(9) The applicant is the subject of an outstanding state or local warrant of 
arrest for a felony; or 
(10) The applicant is the subject of a request for extradition or provisional 
arrest submitted to the United States by a foreign country. 
(c) The Department may refuse to issue a passport in any case in which: 
(1) The applicant has not repaid a loan received from the United States 
under 22 U.S.C. 2670(j) for emergency medical attention, dietary 
supplements, and other emergency assistance, including, if applicable, 
assistance provided to his or her child(ren), spouse, and/or other 
immediate family members in a foreign country; or 
(2) The applicant has not repaid a loan received from the United States 
under 22 U.S.C. 2671(b)(2)(B) or 22 U.S.C. 2671(b)(2)(A) for the 
repatriation or evacuation of the applicant and, if applicable, the 
applicant's child(ren), spouse, and/or other immediate family members 
from a foreign country to the United States; or 

(3) The applicant has previously been denied a passport under this section 
or 22 CFR 51.61, or the Department has revoked the applicant's 
passport or issued a limited passport for direct return to the United States 
under 22 CFR 51.62, and the applicant has not shown that there has been 
a change in circumstances since the denial, revocation or issuance of a 
limited passport that warrants issuance of a passport; or 
(4) The Secretary determines that the applicant's activities abroad are 
causing or are likely to cause serious damage to the national security or 
the foreign policy of the United States. 
(d) The Department may refuse to issue a passport in a case in which 
the Department is informed by an appropriate foreign government authority 
or international organization that the applicant is the subject of a warrant of 
arrest for a felony. 
(e) The Department may refuse to issue a passport, except a passport for 
direct return to the United States, in any case in which the Department 
determines or is informed by a competent authority that the applicant is 
a minor who has been abducted, wrongfully removed or retained in violation 
of a court order or decree and return to his or her home state or habitual 
residence is necessary to permit a court of competent jurisdiction to 
determine custody matters. 
(f) The Department may refuse to issue a passport to an applicant who fails 
to provide his or her Social Security account number on his or her passport 
application or who willfully, intentionally, negligently, or recklessly includes 
an incorrect or invalid Social Security account number. 
(g) The Department shall not issue a passport card to an applicant who is a 
covered sex offender as defined in 22 U.S.C. 212b(c)(1). 
[ 72 FR 64931, Nov. 19, 2007, as amended at 81 FR 60609, Sept. 1, 
2016; 81 FR 66185, Sept. 27, 2016] 
 
 
 
 
 
 
 
 
 
 
 
 
 

§ 51.61 Denial of passports to certain convicted drug traffickers. 
(a) A passport may not be issued in any case in which 
the Department determines or is informed by competent authority that the 
applicant is subject to imprisonment or supervised release as the result of a 
felony conviction for a Federal or state drug offense, if the individual used a 
U.S.passport or otherwise crossed an international border in committing the 
offense, including a felony conviction arising under: 
(1) The Controlled Substances Act ( 21 U.S.C. 801et seq.) or the 
Controlled Substances Import and Export Act ( 21 U.S.C. 951et seq.); or 
(2) Any Federal law involving controlled substances as defined in section 
802 of the Controlled Substances Act ( 21 U.S.C. 801et seq.); or 
(3) The Bank Secrecy Act ( 31 U.S.C. 5311et seq.) or the Money 
Laundering Act ( 18 U.S.C. 1956et seq.) if the Department is in receipt of 
information that supports the determination that the violation involved is 
related to illicit production of or trafficking in a controlled substance; or 
(4) Any state law involving the manufacture, distribution, or possession of 
a controlled substance. 
(b) A passport may be refused in any case in which 
the Department determines or is informed by competent authority that the 
applicant is subject to imprisonment or supervised release as the result of a 
misdemeanor conviction of a Federal or state drug offense if the individual 
used a U.S.passport or otherwise crossed an international border in 
committing the offense, other than a first conviction for possession of a 
controlled substance, including a misdemeanor conviction arising under: 
(1) The Federal statutes described in § 51.61(a); or 
(2) Any State law involving the manufacture, distribution, or possession of 
a controlled substance. 
(c) Notwithstanding paragraph (a) of this section, the Department may 
issue a passport when the competent authority confirms, or 
theDepartment otherwise finds, that emergency circumstances or 
humanitarian reasons exist. 
 
 
 
 
 

 
§ 51.28 Minors. 
(a)Minors under age 16 - 
(1)Personal appearance. Minors under 16 years of age applying for 
a passport must appear in person, unless the personal appearance of the 
minor is specifically excused by a senior passport authorizing officer, 
pursuant to guidance issued by the Department. In cases where personal 
appearance is excused, the person(s) executing the passport 
application on behalf of the minor shall appear in person and verify the 
application by oath or affirmation before a person authorized by 
the Secretary to administer oaths or affirmations, unless these 
requirements are also excused by a senior passport authorizing 
officer pursuant to guidance issued by the Department. 
(2)Execution of passport application by both parents or by each 
legal guardian. Except as specifically provided in this section, both 
parents or each of the minor's legal guardians, if any, whether applying for 
a passport for the first time or for a renewal, must execute the application 
on behalf of a minor under age 16 and provide documentary evidence of 
parentage or legal guardianship showing the minor's name, date and place 
of birth, and the names of the parent or parents or legal guardian. 
(3)Execution of passport application by one parent or legal 
guardian. A passport application may be executed on behalf of 
a minor under age 16 by only one parent or legal guardian if such person 
provides: 
(i) A notarized written statement or affidavit from the non-applying 
parent or legal guardian, if applicable, consenting to the issuance of the 
passport, or 
(ii) Documentary evidence that such person is the sole parent or has 
sole custody of the minor. Such evidence includes, but is not limited to, 
the following: 
(A) A birth certificate providing the minor's name, date and place of 
birth and the name of only the applying parent; 
(B) A Consular Report of Birth Abroad of a Citizen of the United States 
of America or a Certification of Report of Birth of a United States 
Citizen providing the minor's name, date and place of birth and the 
name of only the applying parent; 
(C) A copy of the death certificate for the non-applying parent or legal 
guardian; 

(D) An adoption decree showing the name of only the applying 
parent; 
(E) An order of a court of competent jurisdiction granting sole legal 
custody to the applying parent or legal guardian containing no travel 
restrictions inconsistent with issuance of the passport; or, specifically 
authorizing the applying parent or legal guardian to obtain a passport 
for the minor, regardless of custodial arrangements; or specifically 
authorizing the travel of the minor with the applying parent or legal 
guardian; 
(F) An order of a court of competent jurisdiction terminating the 
parental rights of the non-applying parent or declaring the non-
applying parent or legal guardian to be incompetent. 
(G) An order of a court of competent jurisdiction providing for joint 
legal custody or requiring the permission of both parents or the court 
for important decisions will be interpreted as requiring the permission 
of both parents or the court, as appropriate. Notwithstanding the 
existence of any such court order, a passport may be issued when 
compelling humanitarian or emergency reasons relating to the welfare 
of the minor exist. 
(4)Execution of passport application by a person acting in loco 
parentis. 
(i) A person may apply in loco parentis on behalf of a minor under age 
16 by submitting a notarized written statement or a notarized affidavit 
from both parents or each legal guardian, if any, specifically authorizing 
the application. 
(ii) If only one parent or legal guardian provides the notarized written 
statement or notarized affidavit, the applicant must provide 
documentary evidence that an application may be made by one parent 
or legal guardian, consistent with § 51.28(a)(3) 
(5)Exigent or special family circumstances. A passport may be issued 
when only one parent, legal guardian or person acting in loco parentis 
executes the application, in cases of exigent or special family 
circumstances. 
(i) “Exigent circumstances” are defined as time-sensitive circumstances 
in which the inability of the minor to obtain a passport would jeopardize 
the health and safety or welfare of the minor or would result in 
the minor being separated from the rest of his or her traveling party. 
“Time sensitive” generally means that there is not enough time before 
the minor's emergency travel to obtain either the required consent of 

both parents/legal guardians or documentation reflecting a sole 
parent's/legal guardian's custody rights. 
(ii) “Special family circumstances” are defined as circumstances in which 
the minor's family situation makes it exceptionally difficult for one or 
both of the parents to execute the passport application; and/or 
compelling humanitarian circumstances where the minor's lack of 
a passport would jeopardize the health, safety, or welfare of the minor; 
or, pursuant to guidance issued by the Department, circumstances in 
which return of a minor to the jurisdiction of his or her home state or 
habitual residence is necessary to permit a court of competent 
jurisdiction to adjudicate or enforce a custody determination. 
A passport issued due to such special family circumstances may be 
limited for direct return to the United States in accordance with § 
51.60(e). 
(iii) A parent, legal guardian, or person acting in loco parentis who is 
applying for a passport for a minor under age 16 under this paragraph 
must submit a written statement with the application describing the 
exigent or special family circumstances he or she believes should be 
taken into consideration in applying an exception. 
(iv) Determinations under § 51.28(a)(5) must be made by a 
senior passport authorizing officer pursuant to guidance issued by 
theDepartment. 
(6) Nothing contained in this section shall prohibit any Department official 
adjudicating a passport application filed on behalf of a minor from 
requiring an applicant to submit other documentary evidence deemed 
necessary to establish the applying adult's entitlement to obtain 
apassport on behalf of a minor under the age of 16 in accordance with the 
provisions of this regulation. 
(b)Minors 16 years of age and above. 
(1) A minor 16 years of age and above applying for a passport must 
appear in person and may execute the application for a passport on his or 
her own behalf unless the personal appearance of the minor is specifically 
excused by a senior passport authorizing officer pursuant to guidance 
issued by the Department, or unless, in the judgment of the person before 
whom the application is executed, it is not advisable for the minor to 
execute his or her own application. In such case, it must be executed by a 
parent or legal guardian of the minor, or by a person in loco parentis, 
unless the personal appearance of the parent, legal guardian or person in 
loco parentis is excused by the senior passport authorizing officerpursuant 
to guidance issued by the Department. 

(2) The passport authorizing officer may at any time require a minor 16 
years of age and above to submit the notarized consent of a parent, a 
legal guardian, or a person in loco parentis to the issuance of the passport. 
(c)Rules applicable to all minors - 
(1)Objections. At any time prior to the issuance of a passport to a minor, 
the application may be disapproved and a passport may be denied upon 
receipt of a written objection from a parent or legal guardian of the minor, 
or from another party claiming authority to object, so long as the objecting 
party provides sufficient documentation of his or her custodial rights or 
other authority to object. 
(2) An order from a court of competent jurisdiction providing for joint 
legal custody or requiring the permission of both parents or the court for 
important decisions will be interpreted as requiring the permission of both 
parents or the court as appropriate. 
(3) The Department will consider a court of competent jurisdiction to be a 
U.S. state or federal court or a foreign court located in the minor's home 
state or place of habitual residence. 
(4) The Department may require that conflicts regarding custody orders, 
whether domestic or foreign, be settled by the appropriate court before 
a passport may be issued. 
(5)Access by parents and legal guardians to passport records for 
minors. Either parent or any legal guardian of a minor may upon written 
request obtain information regarding the application for and issuance of 
a passport to a minor, unless the requesting parent's parental rights have 
been terminated by an order of a court of competent jurisdiction, a copy of 
which has been provided to the Department. The Department may deny 
such information to a parent or legal guardian if it determines that 
the minor objects to disclosure and the minor is 16 years of age or older or 
if the Department determines that the minor is of sufficient age and 
maturity to invoke his or her own privacy rights. 
 
 
 