Legal Question in International Law in California
My father was arrested about ten years ago for creating a passport for someone on Hong Kong. The case was dismissed. He been afraid to come back to the US cause he is an american citizen. He is afraid he committed a federal crime and would get ten years. My question is, is he able to come back to the US since the crime was committed in another country and because it was dismissed,
2 Answers from Attorneys
I presume his U.S. passport is expired by now, so maybe a good place to start would be for him to apply for a renewal passport and see if he encounters any problems. If he gets back a passport that says, "Only valid when used to return to the U.S.," then he has a problem.
This question is a bit confusing. A U.S. citizen can always return, though, as the other respondent indicates, he'll need to apply for a new passport through a U.S. consulate. Second, it isn't clear whether he was forging a U.S. passport or some other country's passport. If it was a U.S. passport, it would violate U.S. law, with jurisdiction in U.S. courts. If the charge was dismissed, then it had to be in a U.S. court (or possibly a U.S. attorney declined to prosecute). If the forgery was of a non-U.S. passport, then the U.S. does not have jurisdiction. (Given the passage of 10 years, this may beyond the applicable statute of limitations.)
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