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What is passport fraud charges
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling the cases that other lawyers say can’t be won. Our team has represented clients in cases that made national headlines, like the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct matter, and cases involving stalking allegations against Alec Baldwin. If you’re facing passport fraud charges, you need attorneys who understand how federal prosecutors build these cases – and we have former federal prosecutors on our team who know exactly how the government operates.
Passport fraud charges are federal felonies that carry serious prison time. These cases involve lying to get a U.S. passport, using someone else’s passport, forging passport documents, or possessing fraudulent travel documents. The government takes passport fraud extremely seriously because passports are gateway documents – once you have one, you can cross borders, open bank accounts, get jobs, and establish an entire false identity.
What Counts as Passport Fraud Under Federal Law
Federal law criminalizes passport fraud under 18 U.S.C. §§ 1541-1546. These statutes cover a range of conduct. Making false statements in a passport application – that’s §1542. Using a passport you know was issued based on false information, that’s covered too. Forging or altering a passport, possessing someone else’s passport, using a deceased person’s identity to obtain a passport – all of these fall under the passport fraud umbrella.
The most commonly charged offense is §1546, which covers fraud and misuse of visas, permits, and other immigration documents. In February 2025, the Second Circuit clarified that this statute doesn’t just prohibit possessing counterfeit documents – it also criminalizes possessing authentic documents that were obtained through fraud. That’s a critical distinction, because it means even if the passport itself is real and was actually issued by the State Department, you can still be prosecuted if you lied to get it.
Common scenarios: claiming U.S. citizenship when you’re not to get a passport. Using a relative’s birth certificate and identity documents to obtain a passport in that person’s name. Using a deceased person’s Social Security number and identity to obtain a passport and live under that identity for years.
The Penalties Are Harsh and Get Worse Fast
Base penalty for passport fraud under 18 U.S.C. §§ 1541-1546 is up to 10 years in federal prison, up to three years of supervised release, and fines up to $250,000. That’s the starting point. But the penalties escalate dramatically based on why you committed the fraud.
If prosecutors can prove you obtained or used the fraudulent passport to facilitate drug trafficking, the maximum sentence jumps to 15 years under 18 U.S.C. § 1547. If the passport fraud was committed to facilitate an act of international terrorism, you’re looking at up to 25 years in federal prison. These enhanced penalties turn what might have been a mid-level federal offense into something that can destroy the rest of your life.
Recent 2025 sentencing data shows the government isn’t playing around. In May 2025, a Maryland defendant received 41 months in federal prison for passport fraud combined with identity theft and wire fraud charges. In July 2025, a Mexican national got 18 months for falsely claiming U.S. citizenship in a passport application after a trial conviction.
Federal sentencing guidelines calculate your offense level based on the conduct, intended use of the passport, criminal history, and whether you accept responsibility. Passport fraud cases often involve stacked charges – identity theft, false statements, Social Security fraud, wire fraud, bank fraud. When charges stack, the guidelines range climbs fast.
How These Cases Get Investigated
The Department of State’s Diplomatic Security Service has been investigating passport and visa fraud since 1916. DSS special agents work with the FBI, ICE, and other federal agencies to identify fraudulent passport applications and track down people using false travel documents.
Passport fraud cases start several ways. Sometimes the fraud gets caught during the application process – an alert passport acceptance agent notices inconsistencies, or the State Department’s fraud detection systems flag an application. Other times, someone gets arrested for an unrelated offense and law enforcement discovers they’re using a fraudulent identity and passport. In February 2025, authorities arrested a New Mexico fugitive who had been using a deceased man’s identity since 1984 to obtain passports and collect government benefits.
Operation Twin Shield in September 2025 demonstrates the government’s aggressive enforcement approach. USCIS coordinated with ICE and the FBI to review over 1,000 suspected fraud cases in Minneapolis-St. Paul – they found evidence of fraud in 44 percent of cases investigated.
Immigration Consequences Are Automatic and Severe
If you’re not a U.S. citizen, a passport fraud conviction triggers immediate immigration consequences. Any conviction under 18 U.S.C. § 1546(a) makes you removable from the United States. It doesn’t matter what sentence you receive – even probation triggers removal proceedings.
Passport fraud convictions eliminate most forms of relief from removal. You can’t get cancellation of removal, you can’t adjust status, voluntary departure becomes unavailable. The conviction creates grounds for expedited removal, which means ICE can deport you without a hearing before an immigration judge.
We’ve seen clients who lived in the U.S. for decades and lost everything because of a passport fraud conviction. The immigration consequences often end up being worse than the criminal sentence. Any non-citizen facing these charges needs to understand the immigration implications before pleading guilty.
What You Should Do If You’re Under Investigation
If federal agents contact you about passport fraud, or if you receive a target letter from a U.S. Attorney’s Office – do not talk to investigators without a lawyer. Federal agents are skilled at getting people to make statements that seem harmless but actually provide evidence for prosecution. Anything you say will be used against you.
Sometimes people think cooperating early will help. That’s almost never true in passport fraud investigations. What you say during an initial interview can lock you into a version of events that limits your defense options later. If the government already has evidence, talking won’t make it disappear – it just gives them more ammunition.
Get a lawyer who has handled federal document fraud cases. The government has to prove you knowingly made false statements or knowingly used fraudulent documents. The word “knowingly” matters – if you didn’t know the passport was fraudulent, that’s a defense. You need someone who understands how to build that defense and challenge the government’s evidence.
At Spodek Law Group, we’ve represented clients in federal fraud cases that other firms said couldn’t be won. Our managing partner Todd Spodek is a second-generation criminal defense lawyer who grew up working in his father’s law firm – he’s handled hundreds of federal cases over many, many years. Our team includes former federal prosecutors who know how these cases get built from the inside. We’re available 24/7, we represent clients coast-to-coast.
Passport fraud charges don’t go away on their own. The government will pursue these cases aggressively. Your response in the first days after you learn about an investigation can determine whether you spend years in federal prison or successfully defend the charges. Contact us immediately if you’re facing passport fraud allegations.