Legal Question in Immigration Law in New York

Will i be refused a passport?

Hello,

I want to marry a woman living in Uganda. We have never met except through E-mail. I would prefer she come her on a visitors visa and we marry in the USA, but I also would like the option to go visit her first if they take too long with her visitors visa. My problem is that I owe over $10,000 in back child support and I was sent a notice by New Jersey family court(where I resided at the time)last year that if I owe over $5000 in back support, I ''probably'' wouldnt be issued a passport until this was cleared up. I am legally indigent at this point and have no way to pay anything.I was, but an not collecting any public assisitance at this time.I would have to borrow the plane fare. I have no way to pay any child support. If I apply for my passport will I likely be denied, and if this happens, what are my options? I am currently unemployed but may be able to borrow a small sum to pay for an attorney to represent me in court. I have an expired passport that 18 years old. I am a US citizen. Also I may be moving to Florida in 6 months to seek work.

Thank you so much,


Asked on 3/04/04, 12:17 am

1 Answer from Attorneys
Antonio Maldonado Maldonado Myers LLP

Re: Will i be refused a passport?

Section 51.70 (a) (8) of Title 22 of the Code of Federal Regulations states, in part, that if you are certified to Passport Services by the U.S. Department of Health and Human Services to be in arrears of child support payments in excess of $5,000, you are ineligible to receive a U.S. passport. The only remedy in such a situation is to pay the amount owed to the state agency that is owed the child support payments.

DISCLAIMER: The answers provided above do not constitute legal advice. The information provided is of a general nature and does not apply to specific facts. The only advice I give is to consult an attorney if legal advice is required.

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Answered on 3/04/04, 12:35 am


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