Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

Do I need my ex-husband to sign the application to renew my daughter’s U.S. passport?

Biometric United States passport issued in 2007

QUESTION: I am a U.S. citizen who is now living in Israel. I was married to an Israeli citizen but now we are divorced. My daughter is a U.S. citizen and has a U.S. passport. When the time comes to renew my daughter’s U.S. passport, will I need him to sign the application?

THE IMMIGRATION ANSWER MAN- ARI SAUER: Applications for new U.S. passports or passport renewals for children 15 or under require both parents to apply in person with the child. This is true even if one or both of the parents are not U.S. citizens.

If one of the parents is unable to apply in person with the child (for example if they are living in a different country), the non-appearing parent must complete a Form DS-3053 Statement of Consent, and include a copy of their passport.

If the non-appearing parent cannot or will not sign the Statement of Consent, the appearing parent may complete the Form DS-3053 and include a statement as to the special circumstances why the non-appearing parent is not submitting a Statement of Consent. The DOS may then, in their discretion, grant the passport without the non-appearing parent’s consent, depending on the reason for the omission.

If the appearing parent has sole legal custody of the child, then a Statement of Consent is not required. In that situation the appearing parent can provide one of the following documents instead:

  • Minor’s certified U.S. or foreign birth certificatelisting only the applying parent
  • Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent
  • Court order granting sole custody to the applying parent (unless child’s travel is restricted by that order)
  • Adoption decree (if applying parents is sole adopting parent)
  • Court order specifically permitting applying parent’s or guardian’s travel with the child
  • Judicial declaration of incompetence of non-applying parent
  • Death certificate of non-applying parent

For further instructions on what is required to apply for a U.S. passport for a minor, you can visit the Department of State website.

If you would like assistance with this process or you would like to discuss this or other issues further, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455 or by clicking here to

schedule a consulation appointment with an immigration lawyer.

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Submit questions to The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com or by posting your question on FacebookTwitter or Google+. Questions submitted by email will be posted anonymously unless the email specifically requests f0r their name or information to be included. Where appropriate, and only upon request, a link to your website or blog can be included on The Immigration Answer Man blog. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation.

* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

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