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Understanding the Crime of Making False Statements in a U.S. Passport Application

Applying for a U.S. passport is a legally binding process that requires truthful and accurate information. Making false statements in a passport application is a federal crime under 18 U.S.C. § 1542, which prohibits willfully and knowingly making false claims about identity, citizenship, or other critical details to obtain a passport fraudulently. This offense can involve submitting counterfeit documents, using another person’s identity, or lying about one’s nationality. A recent case in Massachusetts demonstrates the severity of this crime—Sharn Parzival, a 25-year-old Indian national, was sentenced after falsely claiming U.S. citizenship and providing fraudulent documents in his passport application. His deception was uncovered after an investigation revealed that he had entered the U.S. on a student visa and had no legal claim to citizenship.

Legal Consequences and Penalties

The penalties for making false statements on a passport application are severe. A conviction under 18 U.S.C. § 1542 can lead to up to 10 years in federal prison, substantial fines, and additional legal consequences. If the false statement is linked to a broader criminal scheme—such as identity theft, fraud, or human trafficking—the penalties can escalate to up to 25 years in prison. Additionally, non-citizens convicted of this offense may face deportation or permanent inadmissibility to the United States. In Parzival’s case, although he was sentenced to time served and supervised release, he is now subject to removal from the country, demonstrating the long-term ramifications of passport fraud for non-citizens.

Defending Against Passport Fraud Charges

Individuals charged with making false statements on a passport application face aggressive prosecution by federal authorities. The U.S. Department of State’s Diplomatic Security Service investigates these offenses, and convictions often rely on documentary evidence, witness statements, and fingerprint analysis. However, several defenses may be available, including lack of intent, mistaken identity, or coercion. A knowledgeable criminal defense attorney can evaluate the facts of the case, challenge the government’s evidence, and explore options for reduced charges or alternative sentencing. In cases involving non-citizens, an attorney can also assess the immigration consequences and work to mitigate potential deportation risks.

Why You Need a Skilled Criminal Defense Attorney

If you or a loved one has been charged with making false statements in a U.S. passport application, it is crucial to seek legal representation immediately. Federal charges carry harsh penalties, and even a seemingly minor misrepresentation can result in serious legal and immigration consequences. An experienced criminal defense lawyer can help navigate the complexities of federal law, build a strong defense, and work toward the best possible outcome—whether that means fighting the charges in court, negotiating a plea deal, or seeking alternatives to incarceration. With so much at stake, having a skilled legal advocate on your side is essential. At Dhar Law, LLP, our experienced, award-winning criminal defense team works with our clients to build a robust case to defend the rights of the accused. Contact us at (617) 880-6155 to learn more about our passport fraud defense services.

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Heading up the firm, Vikas Dhar is widely recognized as a leader in the New England legal community. An accomplished business litigator and a “Top 40 Under 40” criminal defense attorney, he has also been honored as a New England Super Lawyer/Rising Star in the area of White-Collar Criminal Defense for each of the past six years by Boston Magazine.

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— Vikas Dhar
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