Affidavit Of Not Having Passport Template for England and Wales

An Affidavit Of Not Having Passport is a sworn statement that legally declares your passport status when official verification is required. This document serves as formal proof that you either have never possessed a U.S. passport or need to clarify your current passport situation for various legal, immigration, or administrative purposes.

When do you need this document?

You typically need this affidavit when applying for certain immigration benefits, participating in legal proceedings where passport status is relevant, or completing government applications that require proof of non-possession of travel documents. Immigration attorneys often request this document when clients are applying for naturalization, adjustment of status, or other USCIS processes. Courts may require it in custody cases involving international travel restrictions, and some employment verification processes mandate passport status declarations. Financial institutions occasionally request this affidavit for anti-money laundering compliance or when establishing accounts that involve international transactions.

Key legal considerations

This affidavit is a sworn statement subject to federal perjury laws under 18 U.S.C. § 1621, making false declarations a serious criminal offense punishable by fines and imprisonment. You must provide accurate personal information including your full legal name, date of birth, and current address. The declaration statement must clearly specify whether you have never had a passport, if your passport has expired, been lost, stolen, or revoked. You should include the specific reason why you're making this affidavit and list any alternative forms of identification you possess. The verification statement confirms that you understand the legal consequences of making false statements under penalty of perjury.

Legal requirements in United States

Under federal law, this affidavit must be properly notarized according to your state's notary requirements, or alternatively, you can use an unsworn declaration under 28 U.S.C. § 1746 in certain circumstances. The Immigration and Nationality Act (INA) governs passport-related matters and may impact how this affidavit is used in immigration contexts. State notary laws vary but generally require the affiant to appear before a commissioned notary public with proper identification. The notary must verify your identity, witness your signature, and complete the notarial certificate. Some jurisdictions accept alternative verification methods, but traditional notarization remains the most widely accepted approach. You should retain copies of the executed affidavit and ensure the requesting authority receives the original notarized document when required.