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How long for fake passport
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, who’s been handling federal criminal defense cases for many, many, years. Our criminal attorneys have over 40 years of combined experience – and we’ve defended clients in cases that made national headlines. In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey. We also represented the juror in the Ghislaine Maxwell misconduct case and handled the Alec Baldwin stalking matter. If you’re facing passport fraud charges, you need attorneys who understand how federal prosecutors build these cases – and how to fight back.
Passport fraud is serious. The federal government doesn’t treat fake passports like minor document mistakes. They treat them like threats to national security, border control, immigration enforcement. One fake passport charge can mean 10 years in federal prison, sometimes longer if prosecutors tie it to terrorism or drug trafficking.
The Statutory Maximum – 10 Years Base, Up to 25 Years Enhanced
18 U.S.C. § 1543 covers forgery or false use of a passport. The base maximum is 10 years in federal prison and a $250,000 fine per offense. That’s for someone who makes a fake passport, alters a real one, or knowingly uses a forged passport.
But the statute has enhancements that push the maximum way higher. If federal prosecutors prove the fake passport was used to facilitate drug trafficking, the max jumps to 20 years. If they prove it facilitated international terrorism, you’re looking at 25 years maximum.
Those enhancements sound extreme – and they are – but prosecutors use them more than you’d think. Any international travel tied to drug smuggling can trigger the drug trafficking enhancement. Any connection to funding overseas groups can trigger the terrorism language. Federal prosecutors don’t need to prove you trafficked tons of cocaine. They just need to show the fake passport facilitated one of those activities in some way – and the connection just has to be reasonably tied to sentencing facts under a preponderance standard, which is much lower than reasonable doubt.
Sentencing Guidelines Drive the Actual Sentence
The statutory maximum sets the ceiling, but the U.S. Sentencing Guidelines set the actual range judges use. Guidelines under §2L2.2 govern fraudulently acquiring or improperly using a U.S. passport.
Your offense level starts based on the specific conduct. Did you just use someone else’s passport once? Did you manufacture dozens of fake passports and sell them? Each variation affects the base offense level.
Then adjustments stack on. If you used the fake passport in connection with another felony – like identity theft, fraud, illegal reentry after deportation – your offense level climbs. If you were part of a conspiracy involving multiple people and multiple fake documents, you get enhancements for sophisticated means.
Criminal history matters just as much as the offense level. Someone with no prior record lands in Criminal History Category I. Someone with multiple felonies might hit Category III or higher. The Sentencing Table combines your offense level and criminal history category to produce a guideline range in months. Offense level 14 with Criminal History Category I produces 15-21 months. Same offense level with Category III jumps to 24-30 months.
Federal judges aren’t bound by the guidelines after United States v. Booker, but most sentences fall within or near the guideline range.
Real Cases Show the Range
In November 2024, Juma Wajid was charged with producing and selling fake U.S. passport cards. Between June 2022 and April 2024, he mailed hundreds of fake passports in exchange for cryptocurrency payments. He faces up to 10 years per count.
In February 2025, Jorge Antonio Velez-Lopez got 12 months for passport fraud after lying on his application. He was also civilly denaturalized and ordered removed. Marcelo Soto-Luna received 7 months in May 2025 for immigration fraud involving a passport.
Compare those to cases involving organized fraud rings or terrorism ties, where sentences regularly exceed 5 years and sometimes approach the statutory maximum. The Department of Justice treats passport fraud as a national security issue, especially post-9/11.
What Judges Actually Consider
Federal judges weigh the 18 U.S.C. § 3553(a) factors at sentencing. The nature and circumstances of the offense – was this a one-time mistake or a years-long scheme? The history and characteristics of the defendant – any prior fraud, immigration violations, violent crimes?
Judges also consider whether you accepted responsibility. If you pled guilty, cooperated with investigators, and showed genuine remorse, you might get a 2- or 3-level reduction in offense level. That can shave months or years off your sentence.
The purpose of the fake passport matters. Did you use it to escape an abusive situation or to evade law enforcement and smuggle contraband? Judges treat sympathetic motives differently than criminal enterprise. Your immigration status also plays a role – non-citizens face almost certain deportation afterward.
Cooperation Can Cut Your Sentence
If you help federal investigators identify others involved in passport fraud – the person who made the fake passport, the network that distributes them – prosecutors can file a motion for downward departure under 5K1.1. That can reduce your sentence below the guideline range, sometimes significantly. We’ve seen clients who faced 4-5 years cooperate fully and receive 18-24 months instead.
At Spodek Law Group, we evaluate cooperation carefully. Sometimes it’s the right move – it can cut your sentence in half or more. Sometimes it’s not worth the risk. We negotiate proffer agreements to protect you during initial discussions and make sure you understand exactly what cooperation involves.
Why You Can’t Handle This Alone
Federal passport fraud cases are built by experienced prosecutors, investigated by the Department of State’s Diplomatic Security Service and federal agencies like ICE. By the time you’re charged, they’ve spent months building the case.
You need a defense attorney who knows how to challenge the evidence. How to suppress statements you made without Miranda warnings. How to negotiate with prosecutors for reduced charges or cooperation deals that actually benefit you. Many of the cases we’re famous for handling – are cases that others say were unwinnable. Unlike other law firms who are more focused on their relationship with prosecutors and judges, Spodek Law Group owes loyalty to only you.
Answer: How Long for Fake Passport?
Base maximum is 10 years. Enhanced maximum is 20-25 years if tied to drug trafficking or terrorism. Actual sentences range from probation to several years depending on guideline calculations, criminal history, cooperation, the purpose of the fraud, and how aggravated the conduct was.
First-time offenders with sympathetic facts and good cooperation might see 12-18 months or less. Repeat offenders involved in organized fraud rings might see 5-7 years or more. The spectrum is wide, which is exactly why you need experienced counsel who can position your case for the lowest possible outcome.
If you’re facing passport fraud charges, time matters. Prosecutors’ willingness to negotiate shifts based on how early you engage and how strong your defense appears. We’re available 24/7 to discuss your case and start building your defense immediately. Reach out to Spodek Law Group – we’ll guide you through this.