Passport and Visa Fraud: A Quick Course

Diplomatic Security has investigated passport and visa fraud since early in the 20th century. Through a dedicated cadre of special agents and continued coordination with Federal and international law enforcement agencies, DS helps protect the integrity of the U.S. passport and visa--undoubtedly the most valuable travel and identity documents in the world.

[Learn how passport and visa fraud relate to identity fraud.] 

 

Passport Fraud

What is a U.S. passport?
A formal document issued by the U.S. Government to a U.S. citizen for travel to and from the United States. U.S. passports are legally recognized as proof of both a person's identity and U.S. citizenship. More than 10 million passports were issued in Fiscal Year 2005. To learn more about applying for a U.S. passport, please visit the State Department's Passport Services.

In Fiscal Year 2005, Diplomatic Security investigated 3,564 new cases of passport and visa fraud and made 583 arrests.

Who commits passport fraud?

      ·   Those illegally seeking citizenship or legal status in the United States

      ·   Those attempting to change or conceal their identity

      ·   Terrorists or fugitives

      ·   Those committing financial fraud

      ·   Those committing other criminal activity such as drug trafficking or alien smuggling

How is passport fraud committed?
 
      ·   Substituting photos, most commonly occurring overseas and with older passports
      ·   Altering support documents, such as birth certificates
      ·   Assuming the identity of a deceased person
      ·   Circumventing the two-parent signature rule for minors

The following statutes mandate the DS investigative authority for passport fraud:

      ·   18 USC 1541    Issuance Without Authority
      ·   18 USC 1542    False Statement in Application and Use of Passport 
      ·   18 USC 1543    Forgery or False Use of Passport
      ·   18 USC 1544    Misuse of Passport 
      ·   18 USC 1546    Fraud and Misuse of Visas, Permits, and Other Documents 
      ·   18 USC 371      Conspiracy to Commit Offense or to Defraud the United States 
      ·   18 USC 911      False Claim to Citizenship 
      ·   18 USC 1028    Fraud and Related Activity in Connection with Identification Documents and Information

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Visa Fraud

What is a visa?
The U.S. visa is a document, obtained at any U.S. embassy or consulate, granting a non-U.S. traveler permission to apply for admission into the United States at a port of entry. It is not a guarantee of entry into the United States. Department of Homeland Security inspectors determine if, and for how long, an alien is admitted. To learn more about applying for a U.S. visa, visit Destination USA.
 
There are two basic types of visas:

Immigrant visa (IV) -- Immigrant visas are for people who intend to live permanently in the United States, as provided by the Immigration and Nationality Act.

Nonimmigrant visa (NIV) -- Nonimmigrant visas are for people who wish to visit the United States temporarily--for tourism, medical treatment, business, temporary work, or study. Some applicants intend to abuse their nonimmigrant visas by remaining in the United States illegally.

What are typical types of visa fraud?

      ·  The sale, provision, or transfer of otherwise legitimate visas

      ·   Misrepresentation of reasons for traveling

      ·   Forgery or alteration of a visa

Who commits visa fraud and why?

      ·   Unlawful immigrants for a variety of reasons, most commonly including:

           --   Economic considerations

           --   Flight from prosecution

           --   Facilitation of narcotics and terrorist operations 
      ·   Brokers and smugglers in the furtherance of other crimes

      ·   Federal employees, usually for monetary gain

Visa fraud and related statutes include:

      ·   18 USC 1546    Fraud and Misuse of Visas, Permits, and Other Documents
      ·   18 USC 1001    False Statements or Entries Generally 
      ·   18 USC 1028    Fraud in Connection with Identification Documents 
      ·   18 USC 201      Bribery of Public Officials
      ·   18 USC 371      Conspiracy to Commit Offense or to Defraud the United States

Penalties for Passport and Visa Fraud

Passport and visa fraud are federal felonies. Penalties are:

      ·  10 years (for a first offense if not tied to terrorism or drug trafficking)
      ·  15 years for fraud with other criminal links
      ·  20 years for fraud related to drug trafficking
      ·  25 years for fraud related to international terrorism