Complicated question about passports?

Question

Okkkk~ First off, the main issue I'm having is can someone on probation be issued a passport, since their probation will be over in less than 4 months? I keep seeing conflicting asnwers pertaining to felon's receiving passports. OH, and this person lives in Canada, not the USA..

which leads me to the next question: This person was born in the U.S. but was raised in Canada. He is a Canadian citizen, but has dual citizenship as an American. Does that have any affect on him crossing the border?

Answer 1

You have several questions, really, and the fact that you're asking for a 'friend' means that some of the answers may not even be pertinent.

First, I'm an American citizen and I do have a felony conviction on my record and I'm STILL permitted to have a passport and travel worldwide.

Now, I don't know Canadian law about granting citizenship due solely to growing up in that country. I tend to doubt it, but I still don't know. I do know that American law is very specific on the issue of dual citizenship.

It doesn't matter where he lives, if he doesn't have a current U.S. passport, he will have to apply in person for one, either in the U.S. or at a U.S. consulate.

At this time, a properly certified birth certificate proving that he was born in the U.S., along with picture ID proving his identity, is sufficient to cross between the U.S. and Canada.

For the conditions of his probation, only his probation officer can give the details of permissions and restrictions as there are no uniform published ones applicable to all people.

Answer 2

A person with dual citizenship on probation can apply for a passport in any of the countries where he is a citizen.

Answer 3

Thanks to new laws, you have to show passports to and fro for Canada, Mexico and Puerto Rico.

So yes he would have to get one. I'm not sure if it matters for which country he gets it. but if he wants to stay in the U.S. to live. I'd get a U.S. one. Or if he's just gonna stay for a while and go back to Canada, get a Canadian one.

Answer 4

this is for the US , the offence has to be Federal,
PASSPORT RESTRICTIVE ACTION AND FUTURE PASSPORT INFORMATION

Before any passport is issued, the passport applicant’s name is checked against a central name check system. A federal or state law enforcement investigative agency may request that a subject be placed in the passport name check system for notification before issuance even when there is no warrant or other court order. The written request should be sent to the Office of Legal Affairs (address below), and should include full biodata of the subject, the statute under which the subject is being investigated, and the agency address and phone number of the officer to be contacted.

A federal or state law enforcement agency may request the denial of a passport on several regulatory grounds under 22 CFR 51.70 and 51.72. The principal law enforcement reasons for passport denial are a federal warrant of arrest,# a federal or state criminal court order, a condition of parole or probation forbidding departure from the United States# (or the jurisdiction of the court), or a request for extradition. The HHS child support database and the Marshals Service WIN database are checked automatically for entitlement to a passport. Denial or revocation of a passport does not prevent the use of outstanding valid passports.
http://travel.state.gov/passport/ppi/info/info_870.html

this is for Canada:
d) is subject to a term of imprisonment in Canada or is forbidden to leave Canada or the territorial jurisdiction of a Canadian court by conditions imposed with respect to
(i) any temporary absence, work release, parole, statutory release or other similar regime of absence or release from a penitentiary or prison or any other place of confinement granted under the Corrections and Conditional Release Act, the Prisons and Reformatories Act or any law made in Canada that contains similar release provisions,
(ii) any alternative measures, judicial interim release, release from custody, conditional sentence order or probation order granted under the Criminal Code or any law made in Canada that contains similar release provisions, or
(iii) any absence without escort from a penitentiary or prison granted under any law made in Canada;
(d.1) is subject to a term of imprisonment outside Canada or is forbidden to leave a foreign state or the territorial jurisdiction of a foreign court by conditions imposed with respect to any custodial release provisions that are comparable to those set out in subparagraphs (d)(i) to (iii);
(e) has been convicted of an offence under section 57 of the Criminal Code or has been convicted in a foreign state of an offence that would, if committed in Canada, constitute an offence under section 57 of the Criminal Code;
9. The portion of section 10 of the Order before paragraph (a) is replaced by the following:
10. (1) Passport Canada may revoke a passport on the same grounds on which it may refuse to issue a passport.
(2) In addition, Passport Canada may revoke the passport of a person who
10. Section 11 of the Order is replaced by the following:
11. When a person has been advised by Passport Canada that a passport in their possession is required to be returned to Passport Canada, they shall without delay return the passport to the nearest office of Passport Canada.

http://canadagazette.gc.ca/partII/2006/20060628/html/si95-e.html