Brooklyn, NY asked in Immigration Law for New York

Q: My passport was confiscated at the border 11 months ago. Are there legal procedures to request its return?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: There are a few steps you can take to try to get your confiscated passport back:

1. Contact the agency that confiscated it, such as U.S. Customs and Border Protection (CBP) if this happened at the U.S. border. Inquire about the specific reason for the confiscation and request information on the process for getting your passport returned.

2. File a formal written request with the relevant agency requesting the return of your passport. Include your full name, date of birth, the date and location where your passport was confiscated, and any case or reference numbers you've been provided.

3. If your passport was confiscated as part of an ongoing criminal investigation, you may need to wait until the investigation concludes before requesting its return. An attorney can advise you on the best course of action in this scenario.

4. If the agency refuses to return your passport, you can file an appeal or complaint with the agency's upper management, ombudsman, or internal affairs division.

5. As a last resort, you could potentially file a lawsuit against the government agency to compel them to return your property, but this would likely require the assistance of an attorney.

6. If all attempts to retrieve your confiscated passport fail, you'll need to apply for a new passport through the standard passport application process in your country.

The specific procedures vary depending on the country and agency involved. For the most accurate guidance, I recommend contacting the specific border agency that took your passport, and consider consulting with an immigration attorney if you need further assistance. But hopefully the agency will be cooperative in responding to a polite inquiry and written request from you first.

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