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Subpart A-General 851.2 Passport issued to nationals only.
(a) A United States passport shall be issued only to a national of the United States (22 U.S.C. 212).
(b) Unless authorized by the Department no person shall bear more than one valid or potentially valid U.S. passport at any one time. (SD-165, 46 F.R. 2343, Jan. 9, 1981) 851.3 Types of passports.
(a) Regular passport. A regular passport is issued to a national of the United States proceeding abroad for personal or business reasons.
(b) Official passport. An official passport is issued to an official or employee of the U.S. Government proceeding abroad in the discharge of official duties. Where appropriate, dependents of such persons may be issued official passports.
(c) Diplomatic passport. A diplomatic passport is issued to a Foreign Service Officer, a person in the diplomatic service or to a person having diplomatic status either because of the nature of his or her foreign mission or by reason of the office he or she holds. Where appropriate, dependents of such persons may be issued diplomatic passports. (22 U.S.C 2658 and 3926) (Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Ápr. 23, 1984) 851.4 Validity of passports.
(a) Signature of bearer. A passport is valid only when signed by the bearer in the space designated for his signature.
(b) Period of validity of a regular passport. A regular passport issued on or after January 1, 1983 to an applicant 18 years of age or older is valid for 10 years from date of issue unless limited by the Secretary to a shorter period. A regular passport issued on or after January 1, 1983 to an applicant under the age of 18 years is valid for 5 years from date of issue unless limited by the Secretary to a shorter period. An outstanding passport issued before January 1, 1983 remains valid for 5 years from date of issue unless limited by the Secretary to a shorter period.
(c) Period of validity of an official passport. An official passport is normally valid for a period of 5 years from the date of issue as long as the bearer maintains the official status for which it is issued. It must be returned to the Department upon the termination of the bearer's official status.
(d) Period of validity of a diplomatic passport. A diplomatic passport issued on or after January 1, 1977 is valid for a period of five (5) years or so long as the bearer maintains his/her diplomatic status, whichever is shorter. A diplomatic passport which has not expired must be returned to the Department upon the termination of the bearer's diplomatic status or at such other time as the Secretary shall dokumine. Any outstanding diplomatic passport issued before Jan
'977 will expire effective December 31, 1977.
(e) Period of a regular passport issued for no fee. A regular passport for which payment of the fee has been excused is valid for a period of 5 years from the date of issue unless limited by the Secretary to a shorter period.
(f) Limitation and extension of validity. The validity period of any passport may be limited by the Secretary to less than the normal validity period. Applications for extension of passports limited to less than the normal full validity period must be made in writing and must be submitted, with the passport, to a passport issuing Office. In no event may a passport be extended beyond the normal period of validity prescribed for such passport by paragraphs (b) through (e) of this section.
(g) Cancellation of passport endorsed as valid only for travel to Israel. The validity of any passport which has been issued and endorsed as valid only for travel to Israel is cancelled effective April 25, 1992. Where it is determined that its continued use is warranted, the validity of such passport may be renewed or extended for additional periods of two years upon cancellation of the Israelonly endorsement. In no event may the validity of such passport be extended beyond the normal period of validity prescribed for such passport by paragraphs (b) through (e) of this section. (Sec. 1, 44 Stat. 887; sec. 1, 41 Stat. 750; sec. 2, 44 Stat. 887; sec. 4, 63 Stat. 111, as amended (22 U.S.C. 211a, 214, 217a 2658); E.O. 11295, 36 F.R. 10603; 3 CFR 1966–70 Comp. p. 507) [Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.594, 33 F.R. 12042, Aug. 24, 1968; Dept. Reg. 108.734, 42 F.R. 17869, Apr. 4, 1977; Dept. Reg. 108.828, 47 F.Å. 56329, Dec. 16, 1982; 57 F.R. 3282, Jan. 29, 1992) 851.6 Mutilation and alteration of passports.
Any passport which has been materially changed in physical appearance or composition, or which includes unauthorized changes, obliterations, entries or photographs may be invalidated. $51.7 Verification of passports.
When required by the officials of a foreign government, an American Foreign Service office may verify a U.S. passport at the request of the bearer or of the foreign government. 851.8 Cancellaton of previously issued passport.
(a) Upon applying for a new passport, an applicant shall submit for cancellation any previous passport still valid or potentially valid.
(b) If an applicant is unable to produce such a passport for cancellation, he or she shall submit a signed statement setting forth the circumstances surrounding the disposition of the passport and if it is claimed to have been lost, the efforts made to recover it. A determination will then be made whether to issue a new passport and whether such passport shall be limited as to place and periods of validity. (22 U.S.C. 2658 and 3926)
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(Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by 31 F.R. 14521, Nov. 11, 1966; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) 851.9 Passport property of the U.S. Government.
A passport shall at all times remain the property of the United States and shall be returned to the Government upon demand.
Subpart B-Application 8 51.20 General.
An application for a passport or for an amendment of a passport shall be completed upon such forms as may be prescribed by the Department. The passport applicant shall truthfully answer all questions, and shall state each and every material matter of fact, pertaining to his or her eligibility for a passport. All information and evidence submitted in connection with an application shall be considered a part thereof. (22 U.S.C. 2658 and 3926) (Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) 8 51.21 Execution of passport application.
(a) First-time applicants or persons who have not been issued a passport within the past twelve years. A person who has never been issued a passport in his or her own name, or who has not been issued a passport in his or her own name within 12 years of the date of a new application, shall appear in person before a person authorized by the Secretary to give oaths, verify the application by oath or affirmation before that authorized person, provide two recent photographs, and pay the established fees.
(b) Persons authorized by the Secretary to give oaths. The following persons are authorized by the Secretary to give oaths for passport purposes unless withdrawn by the Secretary in an individual case:
(1) A passport agent;
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(4) A postal employee designated by the postmaster at a post office which has been selected to accept passport applications;
(5) A U.S. citizen employee of the Department of Defense designated by the Secretary of Defense to accept passport applications at a military installation within the continental United States selected to accept passport applications;
(6) A diplomatic or consular officer abroad; or
(7) Any other persons specifically designated by the Secretary. (c) Persons in the United States who have previously been issued a full validity passport. A person in the United States who has been issued a passport in his or her own name may obtain a new passport by filling out and mailing a specially prescribed application together with his or her previous passport, two signed recent
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photographs and the established fee to the nearest U.S. passport agency, provided:
(1) The most recently issued previous passport was issued when the applicant was 18 years of age or older.
(2) The previous passport is submitted with the new applica
tion. If the applicant is unable to meet any of the requirements of paragraph (c) he or she must follow the procedures set forth in paragraph (a) of this section.
(d) Persons outside of the United States who have been issued a passport within 8 years of the date of the application. In a foreign country in which a U.S. consular district has been designated by the Secretary to receive such passport applications, a person who has been issued a passport in his or her own name within 8 years of the date of the new application may obtain a new passport by filling out a specially prescribed application and sending it (by mail or as prescribed by the Secretary), together with his or her previous passport, two signed recent photographs and the established fee to the consular office in the consular district in which he or she is present, provided he or she meets the following requirements:
(1) The most recently issued passport was issued when the applicant was 18 years of age or older.
(2) The application is made not more than 12 years following the issue fate of the previous passport;
(3) The most recently issued previous passport is submitted with the new application.
(4) In a Consular district specifically authorized by the Secretary to waive personal appearance of minors in accordance with this subsection, a U.S. consular officer may waive the age requirement established for use of the mail application, where the consular officers determines that:
(i) The minor and, if applicable, the U.S. citizen parent(s) or legal guardian are registered in that consular district;
(ii) The minor is not subject to the provisions of subsection 51.27 (c) or (d);
(iii) The waiver of the age requirement is otherwise in the interest of consular efficiency; and
(iv) The waiver will not otherwise compromise the integ
rity of the passport application process. (44 F.R. 19393, Apr. 3, 1979; as amended by SD-165, 46 F.R. 2343, Jan. 9, 1981; Dept. Reg. 108.804, 46 F.R. 16257, Mar. 12, 1981; 51 F.R. 20475, June 5, 1986; 55 F.R. 21538, May 25, 1990; 57 F.R. 59807, December 16, 1992) $51.23 Name of applicant to be used in passport.
The passport application shall contain the full name of the applicant. The applicant shall explain any material discrepancies between the name to be placed in the passport and the name recited in the evidence to citizenship and identity submitted. The passport issuing office may require documentary evidence or affidavits of persons having knowledge of the facts to support the explanation of the discrepancies.
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