22 C.F.R. § 51.8

Submission of currently valid passport

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(a) When applying for a new passport in person or by mail, an applicant must submit for cancellation any currently valid passport of the same type.

(b) When applying for a new passport on-line, an applicant must have the currently valid passport of the same type available for cancellation via the on-line process.

(c) If an applicant is unable to produce a passport under paragraph (a) or (b) of this section, they must submit a signed statement in the form prescribed by the Department setting forth the circumstances regarding the disposition of the passport.

(d) The Department may deny or limit a passport if the applicant has failed to provide a sufficient and credible explanation for lost, stolen, altered or mutilated passport(s) previously issued to the applicant, after being given a reasonable opportunity to do so.

[86 FR 72523, Dec. 22, 2021]

Notes of Decisions

Cited in 1 case, 1975–1975 · leading case: State v. Mitchell, 349 A.2d 862 (N.H. 1975).

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State v. Mitchell, 349 A.2d 862 (N.H. 1975). “22 C.F.R. § 51.8 (a) (1975). As with the license, it is not the passport but the constitutional right to travel which may not be denied without due process.”

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