Can my husband get a passport? 3 Answers as of March 23, 2011I am planning a 10 year anniversary trip for me and my husband. We are in the process of getting our passports. We're planning to go to Los Cabos, Mexico. The felonies my husband was charged with 11 years are: statutory rape, aggravated indecent assault and furnishing alcohol to a minor. He served his time, paid his fees and fines and is no longer on parole or probation. According to his court papers, there wasn't anything in his sentencing about not being able to leave the country. My question is, will he be able to get a passport and will Mexico let him in?
Law Office of Immigration & International Trade Law | Linda Liang
This depends on what immigration status your husband holds. If he is US citizen, he can. Good luck!
Answer Applies to: Florida
Calderón Seguin PLC | Ofelia L. Calderon
Is your husband a U.S. citizen? Convictions do not have any bearing on a person's ability to obtain a U.S. passport. The larger question is whether he can travel to other countries. Unfortunately, I cannot answer that as I am U.S. immigration lawyer which means I am only licensed to give information on the legal requirements of entry into the U.S. You will need to consult with an attorney practicing in Mexico or practicing Mexican immigration law to confirm whether your husband will be permitted to enter that country.
Answer Applies to: Virginia
Marie Michaud Attorney At Law | Marie Michaud
Is your husband LPR (Legal Permanent Resident)? You are absolutely right. Your husband did his time and no court paper says he should not get out of the US. Mexico will probably let him in. This is not the problem. The problem is his record. If he goes outside the US, and then returns home, the Immigration official at the door wil scan his green card and will most ikely check his criminal records. This will trigger big problems. ICE will most likely issue an NTA (Notice To Appear) and place your husband in Removal (fancy word for deportation) proceedings. I would definitely that a LPR with such records does not travel outside the US with intent to eventually return to the US. If your husband is already an American citizen, he will not have problem upon his return to the US. Whether Mexico will accept him is outside my field of expertise (I am licensed in the US, practice US law, and do not know Mexican laws).
Answer Applies to: California