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An Affidavit of Not Having Passport is a sworn statement that legally declares your current passport status when you need to prove you don't possess a valid U.S. passport. This document carries significant legal weight and must be executed with careful attention to federal requirements and state notarization laws.

When do you need this document?

You'll typically need this affidavit when applying for certain immigration benefits, enrolling in government programs, or participating in legal proceedings where passport verification is required but you cannot provide the actual document. Immigration attorneys often request this document for clients applying for asylum, adjustment of status, or other USCIS proceedings. Employment verification processes may also require this affidavit when employers need to confirm citizenship or work authorization status. Some federal and state agencies request this document when processing applications for benefits or services that require identity verification through passport documentation.

Key legal considerations

The most critical aspect of this document is its sworn nature under penalty of perjury. Under 18 U.S.C. 搂 1621, knowingly making false statements in a sworn affidavit constitutes a federal crime punishable by fines and imprisonment up to five years. Your affidavit must include accurate personal information, a clear declaration of your passport status, and specific reasons why you're making this statement. The document should list alternative forms of identification you possess, such as driver's licenses, state ID cards, or birth certificates. You must also specify the intended use of the affidavit to ensure it serves its proper legal purpose. Consider consulting with an attorney if you're unsure about any statements, especially in immigration-related matters where accuracy is paramount.

Legal requirements in United States

Under the Immigration and Nationality Act, passport-related declarations must meet specific federal standards for authenticity and reliability. Most states require notarization of sworn statements, though 28 U.S.C. 搂 1746 allows unsworn declarations under penalty of perjury in certain federal matters. Your affidavit must include your full legal name matching other identification documents, current address, date of birth, and detailed explanation of your passport history. State notary laws vary regarding witness requirements, notary seal specifications, and document formatting. Some jurisdictions require specific language about the penalties for perjury to be included in the document text. If submitting to federal agencies, verify whether they accept notarized affidavits or require unsworn declarations under the federal statute. Always check with the requesting authority about their specific formatting and content requirements before execution.