passports

[mikee2 0]

Can anybody answer this question regarding US Embassys and obtaining passports. I have a warrant that issued against me 15 years ago, it´s small, I guess. I have applied for a passport in Nicaragua. Can I be arrested in the Embassy when I go to get my passport? I have a family here in Nicaragua and am supporting them.

[Rob & Monika 87]

It depends on what the warrant is for. I know someone that has a warrant out for not paying child support. He lives in another state, and his local authorities won't arrest him (the ex wife has tried many times, even got on the news over how they won't arrest him). Extradition incurs a cost, financially and manpower, and they won't waste resources on small stuff like that. And this is all within the US, the cost is higher for other countries.

[mikee2 0]

Thanks for the information. The warrant is for insurance fraud, under 5,000 bucks. I didn´t show up to court. I do live in Nicaragua, so you are probably right about the costs.

So, even though I would be physically in the Embassy itself and asking for my passport, they say that I have a warrant, they still have to extradite me, they just can´`t cuff me and take me to the airport that day?

The US has known my whereabouts for a long time, they haven´t done anything to get to me. I am just concerned that they would nab at the Embassy and lead me out to the plane, to make a long story short.

[Rob & Monika 87]

From what I have read around the internet, they will not arrest you, since they typically don't have holding cells to detain you on the premises, and they would have extradited you already if they wanted to. However, they may confiscate your passport to force you to deal with the matter on your own.

I would imagine that if you have gotten to the point where they have issued you a new passport and not denied it already, you should be safe. But if you are going there to renew it, they may take your current one. Some things I read indicated they may be able to get your foreign visa's cancelled as well.

http://integrity-legal.com/legal-blog/us-warrants/american-warrants-an-overview/

http://articlestorehouse.com/Art/68626/292/Pending-Arrest-Warrants-and-Passport-Renewal.html

Here is the grounds for passport denial:

22 CFR 51.70.

Title 22: Foreign Relations

PART 51—PASSPORTS

Subpart E—Limitations on Issuance or Use of Passports

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§ 51.70 Denial of passports.

(a) A passport, except for direct return to the United States, shall not be issued in any case in which the Secretary of State 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 court order committing him or her to a mental institution; or

(4) The applicant is the subject of a request for extradition or provisional arrest for extradition which has been presented to the government of a foreign country; or

(5) The applicant is the subject of a subpoena issued pursuant to section 1783 of title 28, United States Code, in a matter involving Federal prosecution for, or grand jury investigation of, a felony; or

(6) The applicant has not repaid a loan received from the United States as prescribed under §§71.10 and 71.11 of this chapter; or

(7) The applicant is in default on a loan received from the United States to effectuate his or her return from a foreign country in the course of travel abroad; or

(8) 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 exceeding $5,000.00.

(b) A passport may be refused in any case in which the Secretary of State determines or is informed by competent authority that:

(1) The applicant has not repaid a loan received from the United States to effectuate his or her return from a foreign country in the course of travel abroad; or

(2) The applicant has been legally declared incompetent unless accompanied on his or her travel abroad by the guardian or other person responsible for the national's custody and well being; or

(3) The applicant is under the age of 18 years, unmarried and not in the military service of the United States unless a person having legal custody of such national authorizes issuance of the passport and agrees to reimburse the United States for any monies advanced by the United States for the minor to return to the United States; or

(4) The Secretary determines that the national's activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States; or

(5) The applicant has been the subject of a prior adverse action under this section or §51.71 and has not shown that a change in circumstances since the adverse action warrants issuance of a passport; or

(6) 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.

(Approved by the Office of Management and Budget under control number 1405–0077)

[mikee2 0]

Thanks so much for your info. Really helps. From what I ´ve read from the stuff you put up, it seems that it all pertains to Federal Warrants or something to do with the Feds. This is a state deal. I agree, if they really wanted me that bad, they would have done that a long time ago. I am sure that if I go back to the states, which I don´t really have a need to do, they would probably nab me at the airport.

Again, thanks for the info. I´ll let you know, if I have access to a computer...hahahaha......Have a good one....