Criminal defense
Passport, Visa & Work-Authorization Document Fraud
Federal law protects U.S. passports and immigration documents, and Florida has its own crime for using false identification to get a job. These charges come up at airports, at passport offices, in immigration applications, and at work. A first or second federal offense carries up to 10 years.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He has defended people in tax fraud, bank fraud, wire fraud, drug-trafficking, and money-laundering cases. We defend the criminal charge; we do not appear in immigration court, and we coordinate with immigration counsel when needed. Our office answers 24 hours a day.
False Statement in a Passport Application (18 U.S.C. § 1542)
It is a crime to willfully and knowingly make a false statement in a passport application to get a passport, or to use a passport that was obtained through a false statement.
Elements (11th Cir. Pattern Instr. O60; see our Elements page): you made a false statement in an application for a U.S. passport; you made it intending to get a passport for your own use or someone else's; and you acted knowingly and willfully.
Misuse of a Passport (18 U.S.C. § 1544)
Using, or trying to use, a passport issued for someone else, or using one in violation of its conditions or the passport rules, is a crime. So is furnishing a passport for use by someone other than the person it was issued to.
Elements (O60.1; Elements page): you used or tried to use a passport; it was issued or designed for someone else, or the use violated its conditions or the rules governing passports; and you acted knowingly and willfully.
False Visas, Green Cards, and Other Immigration Documents (18 U.S.C. § 1546(a))
The statute covers visas, permits, border crossing cards, alien registration receipt cards (green cards), and other documents required for entry or as proof of authorized stay or employment. It reaches forging or altering them, and knowingly using, possessing, or obtaining one that is forged or was obtained by fraud. It also covers knowingly making a false statement under oath, or under penalty of perjury, about a material fact in an immigration application.
Elements (O61; Elements page): you knowingly possessed, used, or tried to use such a document; and you knew it had been forged, counterfeited, altered, or falsely made, or had been obtained through a false claim or statement.
Federal Penalties
For §§ 1542, 1544, and 1546(a), the maximum is:
- 10 years for a first or second offense;
- 15 years for any other offense;
- 20 years if committed to facilitate a drug-trafficking crime; and
- 25 years if committed to facilitate international terrorism.
When the government charges the drug-trafficking or terrorism purpose, the instructions add it as an element the jury must find.
Florida: False Documents to Get a Job (Fla. Stat. § 448.09(5))
A non-citizen who is not authorized to work under federal immigration law and who knowingly uses a false identification document, or fraudulently uses another person's identification document, to obtain employment commits a third-degree felony (up to 5 years and a $5,000 fine).
Elements (Fla. Std. Jury Instr. (Crim.) 34.1; Elements page): you knowingly used a false identification document, or fraudulently used another person's, to get a job; you were an alien at the time; and you were not authorized to work under U.S. immigration law.
Defense Themes
- Knowledge. Did you know the document was false, or that it was obtained by fraud?
- Willfulness. The passport crimes require knowing and willful conduct.
- Materiality. The false-statement part of § 1546(a) requires a false statement about a material fact.
- Status. The Florida charge requires proof that you were not authorized to work.
What to Do First
- Do not answer agents' questions about documents or applications without a lawyer.
- Do not file anything new with immigration authorities until we talk.
- See Immigration Consequences and call us before any plea.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012 in state and federal court.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
Frequently Asked Questions
I used my cousin's passport to travel. What is the charge?
Using a passport issued for someone else can be charged under 18 U.S.C. § 1544, which carries up to 10 years for a first or second offense.
Do you handle my immigration case?
No. We defend the criminal charge and coordinate with immigration counsel when your situation calls for it.
How fast can you help?
Our office answers 24 hours a day. Call (305) 209-0384.