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Ice on Immigration: Child Support Agreements Complicate Passport Issuance

By L. Patricia Ice, Featured Columnist

Question: I am a naturalized United States citizen. I have had plans to go on a scuba diving vacation in Central America for several months. I recently applied for a U.S. passport and was denied because I owe child support money. I have been paying the child support under a court ordered agreement for the last four years. Is there any way I can get a passport?  I really want to go on this trip.

Answer: A section of the United States 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 (HHS) to be in arrears of child support payments in excess of $2,500, you are ineligible to receive a U.S. passport.  However, if you have payment arrangements in place, you may be able to obtain a passport. The State agency where you pay child support must certify to HHS that acceptable payment arrangements have been made. The HHS must then notify Passport Services by removing your name from the electronic database of offenders. Passport Services cannot issue you a passport until your name has been deleted by HHS. It may take 2-3 weeks from the time you may payment arrangements with the State agency until your name is removed from HHS’s electronic list. It may also take more than a week for the State agency to receive notice of court ordered payment arrangements you have. Passport Services has no information concerning child support obligations and has no authority to take action until HHS removes your name from its list. For a list of appropriate State child support enforcement agencies go to the Department of Health and Human Services State Child Support Enforcement Web Site at: http://www.acf.hhs.gov/programs/cse/extinf.html.

 

L. Patricia Ice

Featured IMDiversity Immigration Columnist L. Patricia Ice is an attorney and counselor who has taught immigration law at Mississippi College School of Law in Jackson, and also contributes regular immigration advice stories to La Noticia and The Jackson Advocate.  A practicing attorney, Ms. Ice has recently taken on a two-year role as an Equal Justice Works Katrina Legal Fellow, focusing on immigrant employment issues as fair labor standards, and wage and hour problems, in areas around the Gulf Coast.  She is also dedicated to immigrants rights advocacy, and serves on the Board of the non-profit rights education group, MIRA: The Mississippi Immigrants Rights Alliance at www.yourmira.org.

Articles in this column are Copyright 2006 L. Patricia Ice.  All rights reserved.  Please do not reproduce further without seeking the permission of the author.

IMDiversity.com is committed to presenting diverse points of view. However, the viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at IMD.

 

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