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If you are looking for an answer to the question “How can I get back my passport from ICE”, you have come to the right place.

In most immigration cases in the United States, immigration keeps the passport of certain immigrants. For this reason, our immigration lawyers in New Jersey stand ready to help aliens successfully navigate this situation.

How Can I Recover My Immigration Passport From ICE In 2024

As a general rule, if the US Immigration and Customs Enforcement (ICE) took the immigrant’s passport, they will keep it until the end of their case in Immigration Court. 

Once the case is over, ICE must return the immigrant’s passport upon request. However, if the aliens need their passport while their case in the Immigration Court is pending, there are two possible options to follow:

  1. Ask ICE to return your passport temporarily, and
  2. Apply for a new passport at the consulate of the country of origin. 

It should be noted that there are more details regarding these two options. Therefore, below, we will explain these two available paths:

united states passport

Ask The ICE Office To Return Your Passport Temporarily For A Specific Reason

The first method to recover the passport is for the immigrant to request it from the ICE office that handles their immigration case. Aliens must request said agency to return their passport temporarily, but it must be for a specific reason.

An example of the latter is requesting a passport to apply for a driver’s license in New Jersey for undocumented immigrants. It is important to note that you will have to return the passport to ICE before the deadline specified by this agency.

In the event that ICE does not agree to return the immigrant’s passport, they may ask for a photocopy of the pages with their name, photo, and biographical information. These data can be used for other immigration applications, such as a work permit.

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Application For A New Passport At The Consulate Of The Country Of Origin

If this option makes sense for immigrants, they will be able to apply for a new passport at the consulate of their country of origin. However, there are certain considerations to take into account:

  • In case of applying for political asylum in the United States, immigrants are not advised to contact the consulate of their country of origin to request a new passport.
    • This is because it could put the asylum claim at risk, as the US government might think that the immigrant is not afraid to communicate with the US government.
  • If you are not applying for asylum, protection under the Convention Against Torture (CAT) or withholding of deportation, then it is advisable to contact the consulate of the country of origin. 
  • If the immigrant is not in danger directly from the government of their country of origin, but from other groups or individuals, it may be safe to apply for a new passport at the consulate.

As we have seen, everything depends on the factual events surrounding the alien. Therefore, it is advised to contact our immigration attorney Carolina T. Curbelo to better understand these scenarios. 

Can I Get A New Passport If Immigration Kept It?

Immigrants who no longer have their passport because immigration seized it can get a new passport even if they are in the United States. This is because it is an official document issued to you by your country or government.

Although ICE will return this passport at the end of the process, for purposes of requesting other immigration relief or identification, immigrants must go to the consulate of their country of origin.

If you are about to be removed from the US, you may be eligible for some immigration relief, such as cancellation of removal or stay of deportation.

Why Does ICE Take Your Passport?

Generally, immigration will take an immigrant’s passport when the alien is detained for possible criminal activity. 

Similarly, the withholding of the passport is for the simple fact that if they have to deport you, they already have the necessary documents to board you on a plane and deport you from the US.  

As we mentioned at the beginning of the post, there are two reasons why immigration can keep your passport or any other document. These are:

Do Not Make It Easy For The Immigrant To Flee The Country

When immigrants enter the country under a Parole, such as the new process for Venezuelans, under parole for a bond or similar, immigration agents are taking the risk that they will never appear in immigration court.

Likewise, immigration wants to prevent national foreigners from fleeing the country with their passport in hand. 

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Immigration Is In Charge Of Verifying That The Immigrant Is Not A Citizen Of The United States

As evidence of nationality against the alien, immigration can use your passport to submit it to an Immigration Court. This will serve for inspection or for the aliens to claim that they are not Mexican, Venezuelan and so on.

Therefore, immigration will verify the nationality of the immigrants or the lack of their US nationality.

If you are looking for help with a master calendar hearing or legal assistance in the individual hearing in Immigration Court, do not hesitate to contact us first.

How Can Our New Jersey Law Firm Help You With Immigration?

We hope this post on how I can get my passport back from ICE is helpful. However, if your passport is held by ICE, it may mean that you are in removal proceedings from the US.

Having a deportation order in the United States is not a very encouraging scenario for immigrants. This is because immigration could approach aliens and deport them from the country at any time.

That is why the legal assistance of our lawyer Carolina could help you understand what kind of possibilities you have to become legal in the country. This is because many immigrants are often eligible for some immigration relief.

In conclusion, if you are in the US without documents or want to immigrate to this country, it is important to contact our immigration law firm at Curbelo Law. Our legal assistance will help you understand everything you need for your legalization.