Legal Question in Immigration Law in Pennsylvania
Withheld passport
I am an immigrant from Brazil. I was married briefly her in the US and am in the process of obtaining a divorce. My wife has my passport and birth certificate but claims she has 'lost' it though I am certain they are in her possesion. I wish to return to Brazil but can not do so without my documents. Can I pursue anything legally to obtain my documents?
1 Answer from Attorneys
Re: Withheld passport
You asked about a lost passport.
You can go to your country's closest embassy and obtain a new passport. Some countries will require substantial amounts of proof to get a new passport while others will require a less substantial amount. In many cases a citizen of the country that knows you may "vouch" for you and that will be sufficient.
The alternative is a called a suit in replevin and can result in an order to produce the documents. But if she alights on the claim that they are lost then there will be little you can do.
Replacing the passport is generally pretty easy (I've done it myself overseas). Look up your country's embassy web site and see what is required to obtain a replacement.
Regards,
Roger
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