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Old 10-23-2007, 08:30 AM
macerico macerico is offline
Practice Makes Perfect
 
Join Date: Apr 2005
Location: Virginia
Posts: 269
Thanks for the help.

My question revolves on IF there is a documentation requirement for a non-citizen national applying for a passport.

All the documentation from the sdem.org somehow does not address this particular question. Then again, it is possible there is no answer because it is not an issue.

From my legal training, if the requirement of X, Y and Z applies when C is TRUE, then if C is FALSE, X, Y and Z are irrelevant.

I 100% understand the requirement to submit documentation/proof of "U.S. citizenship" if you are asserting it (either by birth or naturalization), but the obvious answer would then be if you are not a "U.S. citizen" you have nothing to produce as you do not assert the claim.

sdem.org did provide an attachment to file that addresses issues of "citizenship status", issues of "domicile" and definitions applying to terms used in both the DS-11 and the attachment.

The form is intended when you are compelled to use the original DS-11 and not the modified one that corrects key terms.

I'm going to submit the attachment with my application anyhow as it ensures there is no possibility of misunderstanding my declaration of being a "national" and not a "U.S. citizen."

Indeed, I am not any of the things that Shroona asserts as options to be "eligible" to have a passport, but the law is clear that a passport is to be issued regardless of citizenship. The issue is one of allegiance. Even if you are a "U.S. citizen," if you do not meet the requirement of allegiance, you can not have a passport.

Quote:
Section 212. Persons entitled to passport

No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States.

Why get a passport? Mostly just for the option. By land, I've been okay with just a photo ID, but that is changing, and the "alternative" passports out there are coming under fire which is understandable given the nature of terrorism.

We can't scream against the loose borders issue if we won't agree to carry documentation that we lawfully live here when we go abroad and want back in. We can scream about them trying to dupe us into admitting to something we aren't when we apply for said documentation.
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