Can you go to jail for lying on passport application

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling complex federal cases – including cases involving Anna Delvey (the subject of a Netflix series), juror misconduct in the Ghislaine Maxwell trial, and the Alec Baldwin stalking case. If you’re reading this article, you’re probably worried about a passport application you submitted that contained false information, and you want to know whether federal prosecutors are going to come after you. The short answer – yes, you can absolutely go to jail for lying on a passport application, and the penalties are much more severe than most people realize.

This article covers what counts as lying on a passport application, what sentences people actually receive in 2025, and what you should do if you’re being investigated or already charged.

We handle passport fraud cases nationwide. Our criminal defense attorneys understand how the State Department’s Diplomatic Security Service investigates these cases, and we know how federal prosecutors build their evidence. Unlike other law firms who care more about their reputation with the government, our only goal is protecting you and getting the best outcome possible.

What the Federal Government Considers Lying on a Passport Application

The statute that covers passport fraud – 18 U.S.C. § 1542 – makes it a federal crime to “willfully and knowingly” make any false statement in a passport application with intent to induce or secure a U.S. passport. That language is broader than most people think.

Lying about your citizenship is the most common charge we see. Someone born in Mexico applies for a U.S. passport claiming to be a U.S. citizen, using a fake birth certificate or someone else’s identity documents. In July 2025, German Madrigal received 18 months in federal prison for exactly this – falsely claiming U.S. citizenship on his passport application. Federal prosecutors don’t need to prove you successfully obtained the passport. Just submitting the application with false information is enough.

Using someone else’s identity counts as lying, even if that person is a real U.S. citizen. We represented a client who used his deceased brother’s birth certificate to apply for a passport. The government charged him under § 1542 and added aggravated identity theft charges – which carry a mandatory two-year consecutive sentence. That means two years in federal prison on top of whatever sentence the judge gives you for the passport fraud itself.

False statements about your name, date of birth, place of birth, or social security number all qualify. The government takes the position that any material misrepresentation on the DS-11 form violates this statute. What matters is intent – did you knowingly provide false information to get a passport you weren’t entitled to? If you made an honest mistake on the form, that’s a defense. But federal prosecutors are skeptical of mistake claims, especially when the false information relates to citizenship or identity.

What Prison Sentences Look Like in 2025

The maximum sentence under 18 U.S.C. § 1542 is 10 years in federal prison for standard violations. That number jumps to 15 years for repeat offenders, 20 years if the passport fraud was committed to facilitate a drug trafficking crime, and 25 years if it was connected to international terrorism. Those maximum sentences sound extreme, and most defendants don’t receive anywhere near the maximum – but people are definitely going to prison for this.

Looking at actual 2025 sentences, we’re seeing a range. Johnny Barros Brandao got five years in January 2025 after falsely claiming his passport was lost so he could get a replacement. Angelica Maria Francisco received 60 months (five years) the same month for false citizenship claims in connection with voting fraud and passport fraud. Juan Arturo Martinez got four months in June 2025. The wide range tells you that the specific facts of your case matter enormously.

Judges consider your criminal history, whether you actually obtained the passport or just applied for it, what you intended to do with the passport, whether you stole someone’s identity, and whether you cooperated with investigators. A clean record helps. So does accepting responsibility early. Adding aggravated identity theft charges – which prosecutors do whenever you use another person’s identifying information – guarantees at least two additional years in prison on top of your base sentence. That mandatory minimum is consecutive, meaning it stacks on top of whatever else the judge gives you.

What to Do If You’re Being Investigated or Already Charged

Do not talk to investigators without an attorney. Diplomatic Security agents are professionals at getting people to make incriminating statements. They show up at your house, act friendly, tell you they just want to clear up some confusion about your passport application. Then they record everything you say and use it against you at trial. We cannot stress this enough – you have a Fifth Amendment right to remain silent, and you should exercise it.

If you receive a target letter or grand jury subpoena, the government is seriously considering charging you. This is when having an experienced federal criminal defense lawyer becomes critical. Sometimes we can negotiate with prosecutors before charges are filed and convince them not to indict. Once you’re indicted, your negotiating leverage drops significantly.

Early cooperation can make a massive difference in outcome. We’ve negotiated outcomes where our clients avoided prison entirely by taking responsibility early and cooperating fully with an attorney guiding them through the process.

The key is getting competent representation before you make decisions that lock you into bad outcomes. Federal criminal defense requires lawyers who know how Diplomatic Security conducts investigations, how federal prosecutors handle passport fraud cases, and how to position your case for the best possible result. Our attorneys have handled these cases from investigation through trial, and we know what works.

Why Federal Experience Matters

Passport fraud prosecutions are federal cases, which means they’re handled in federal court under federal rules. The federal system is completely different from state court – different procedures, different judges, different prosecutors, different sentencing rules. Hiring a lawyer who primarily handles state criminal cases puts you at a serious disadvantage.

At Spodek Law Group, our team includes former prosecutors who understand how the government builds these cases. Todd Spodek is a second-generation criminal defense attorney with many, many years of experience handling complex federal cases. We’ve handled cases that other firms said were unwinnable – and we’ve gotten results. Our approach is rooted in aggressive advocacy combined with strategic negotiation. Every case is different, and we tailor our strategy to your specific situation.

We’re available 24/7 because we know federal investigations don’t happen on a convenient schedule. If agents show up at your door on a Saturday morning, you need immediate legal advice – not a voicemail telling you to call back Monday.

If you’re being investigated for passport fraud, or if you already know you submitted a passport application with false information and you’re worried about getting caught, contact us immediately for a confidential consultation. We’ll review your situation, explain your options, and help you make informed decisions about how to move forward. Don’t wait until you’re indicted. The earlier we get involved, the more we can do to protect you.