Immigrants & Immigration

Your rights as a parent

If your child is a US citizen, your immigration status does not affect their right to a passport. The State Department checks for proof of your child's citizenship and your relationship to them. The passport application asks if the parents are US citizens and where they are born. It does not ask if the parents have lawful status. 

If your child was born in another country and is not a US citizen, ask the embassy or consulate of that country for guidance on the passport application process.

What you’ll need

• Form DS-11 (passport application)
  • Passport forms can be downloaded directly from the State Department’s website.
• The child’s proof of citizenship and the parental relationship
  • Your child's original US birth certificate can prove US citizenship and parental relationship.
  • If your child was not born in the US, you must provide alternative proof of US citizenship, such as a Certificate of Naturalization or Consular Report of Birth Abroad.
  • You'll need documents that show your legal relationship to your child. This can include a birth certificate, adoption decree, or court order establishing custody or guardianship.
• Your valid photo ID, for example:
  • Current passport from any country,
  • In-state driver’s license, or
  • Another government-issued ID acceptable as a primary identification, or at least two forms of secondary identification.
• A recent passport photo of your child. Do not attach or staple the photo to the form. The passport agent will do that for you during the appointment.
• Payment of fees

Application process

1. Fill out Form DS-11 online or by hand. Do not sign it yet. You must sign in person.
2. Gather the required documents for the passport application.
3. Find a passport acceptance facility.
   • Many post offices and libraries process applications.
   • Some locations require appointments, so check online before you go.
4. Go in person with your child and your documents.
   • Bring both original and photocopied versions of all required documents.
   • The State Department requires original documents for passport applications. However, original documents will be mailed back to you. Bring photocopies of your documents to avoid delays.
   • Both parents should be present unless one of the exceptions below applies.

What to do if one or both parents cannot be present at the application appointment? 

If both parents cannot apply together, here are the alternatives:

• If both parents share custody, but one parent cannot be at the appointment:
  • The absent parent must complete Form DS-3053 (Statement of Consent) and notarize it within 30 days. They also need to include a photocopy of their ID.
  • The applying parent must bring all of the above to the appointment.
• If one parent has sole legal custody, that parent must bring one of the following to the appointment:
  • A court order granting them sole custody,
  • Certified copy of the child’s birth certificate listing them as the only parent, or
  • Certified copy of the other parent’s death certificate, if applicable.
• If both parents share custody, but one parent cannot be located:
  • The applying parent must fill out Form DS-5525 (Statement of Exigent/Special Family Circumstances)
  • Provide any supporting documents you have, such as:
    • Custody order
    • Incarceration order for the other parent
    • Restraining order
• If neither parent can be at the appointment, but they share custody:
  • Fill out Form DS-3053 (Statement of Consent) or a notarized statement from both parents giving the person accompanying the child permission to apply for the child.
  • Include a photocopy of both parents' valid photo IDs.
  • If the statement is from only one parent, proof of sole custody of the child will be required. 

Concerns about immigration status

Many parents worry that applying for a passport will expose them to immigration authorities. But that should not be the case. 

• Passport acceptance agents are not immigration officials. Their job is only to verify documents and process applications.
• The focus is on proving your child’s citizenship and your relationship to them.
• The passport application DS-11 does not ask if the applicant’s parents have lawful immigration status or if they are undocumented. It only asks if the parents are US Citizens or not, and where they were born.
• You have the right to request an interpreter if needed.

X gender marker on passports 

The US Department of State has announced that it will no longer issue US passports or Consular Reports of Birth Abroad (CBRAs) with an X gender marker. This decision follows an executive order from the White House on January 20, 2025.

People who want to renew or obtain a passport with a different marker than assigned at birth should talk to an attorney before applying. 

Additional things to know: 

• There is no clear guidance yet on how this affects intersex, transgender, or non-binary people who are applying for or renewing passports.
• Applications with an X marker, or those requesting a gender marker that doesn't match a person's birth sex, are no longer being processed. Documents may be issued with the person’s sex at birth.
• If you already have a passport with an X gender marker, it is still valid until it expires.
• For more details, call the State Department's passport hotline at (877) 487-2778.

Tips for a smooth process

• Schedule your appointment early in the day to avoid crowds.
• Double-check all documents before going.
• Make multiple photocopies of everything.
• If you need the passport quickly, consider requesting expedited service. This may require an additional or increased fee.
• Keep receipts and note your application number for tracking.

Need more help?

If you need assistance, you can:

• Contact local legal aid organizations.
• Contact local social service support organizations.
• Reach out to your home country’s consulate, unless you have a fear of being harmed in your home country.
• Visit travel.state.gov for official information.