HOW TO APPLY FOR A U.S.A. PASSPORT AS A "NATIONAL"

Table of contents:

  1. Important Facts About Passports

  2. Completing the Passport Application Process

  3. About SSNs on the Passport Application

  4. Contingencies

  5. Using Passport Expediting Services

  6. Frequently Asked Questions


Related forms:

Sample/Example Completed forms:

Passport information:

Related articles:

Get a foreign passport!:

This article describes how to apply for a "U.S.A. Passport" (not a "U.S. passport", but a "U.S.A. passport") as a "national" rather than a "U.S. citizen", so that government records reflect your proper citizenship status and so that you may describe yourself as a "nonresident alien" for federal income tax purposes. The article DOES NOT describe how to get a "U.S. passport", because there is not such thing, even though your deceitful public servants would have you believe otherwise on the application form.  All passports issued by the Dept. of state say "United States of America Passport", and not "United States Passport".

1.  IMPORTANT FACTS ABOUT CITIZENSHIP AND PASSPORTS:

  1. There are two types of "citizens":  statutory and constitutional.  A statutory citizen is described in 8 U.S.C. 1401.  A constitutional "Citizen" is described in the United States Constitution.  These two types of citizens are mutually exclusive and you cannot simultaneously be both types of citizens at the same time. 

    “The 1st section of the 14th article [Fourteenth Amendment], to which our attention is more specifically invited, opens with a definition of citizenship—not only citizenship of the United States[***], but citizenship of the states.  No such definition was previously found in the Constitution, nor had any attempt been made to define it by act of Congress.  It had been the occasion of much discussion in the courts, by the executive departments and in the public journals.  It had been said by eminent judges that no man was a citizen of the United States[***] except as he was a citizen of one of the states composing the Union.  Those therefore, who had been born and resided always in the District of Columbia or in the territories, though within the United States[**], were not citizens.  Whether this proposition was sound or not had never been judicially decided.” 

    [Slaughter-House Cases, 83 U.S. (16 Wall.) 36; 21 L.Ed. 395 (1873)]

    Both of them are called "citizens of the United States" by the courts, and the only difference is the context in which they are used.  Whenever you describe your citizenship status, you should be very careful to differentiate the two on all government forms to remove any possibility of false presumption by the government in accepting your application.  This is exhaustively covered in our free pamphlet "Why you are a 'national' or a 'state national' and not a 'U.S. citizen'".  If you want to be safe and completely avoid all possibility of false presumption, it is best to describe yourself always as a "national" under 8 U.S.C. 1101(a)(21) but not a "citizen" under 8 U.S.C. 1401.  Below is the federal government's  own definition of "U.S. citizen" and you ain't one of these, folks!:

    Frequently Asked Questions About Employment Eligibility

    Do citizens and nationals of the U. S. need to prove, to their employers, they are eligible to work?
    Yes. While citizens and nationals of the U.S. are automatically eligible for employment, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Citizens of the U.S. include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island.

    [SOURCE:  http://www.uscis.gov/graphics/howdoi/eev.htm]

  2. The passport application very deliberately does not define what the definition of "United States" or "U.S. citizen" is as used on the form.  They do this because they want to create a false presumption that you are a statutory "U.S. citizen" rather than a constitutional "Citizen" so that they can cause you to surrender your sovereignty under the Foreign Sovereign Immunities Act, 28 U.S.C. 1603(b)(3).  The term "United States" on the DS-11 passport application means the federal zone and excludes land under exclusive state jurisdiction.  Click here for details.  Therefore, persons born within states of the Union are born outside the "United States" for the purposes of virtually all federal law.

  3. The reason the passport application tries to compel you to disclose a Social Security Number is because they want you to essentially admit that you are engaging in "commerce" within the legislative jurisdiction of the United States and thereby surrender your sovereignty under the Foreign Sovereign Immunities Act, 28 U.S.C. 1605(a)(2).  Don't give them a number!  By even admitting that you have a number, you are admitting that you are a federal employee on official business of the United States government engaged in commerce with the government.  20 CFR 422.103(d) identifies the Social Security Number and card as the property of the U.S. Government.  It is "public property" and it constitutes theft and embezzlement to have or to use "public property" for a private purpose.  Therefore, by either calling it "your" number or by supplying a number, you are admitting that you are a federal employee or agent on official duty.  VERY BAD IDEA!  See our free "Resignation of Compelled Social Security Trustee" document for complete details on this scam.

  4. A passport is a means of invoking the protection of the sovereign functions of one's parent national government while one is usually outside the country.

    “Allegiance and protection are, in this connection, reciprocal obligations. The one is a compensation for the other; allegiance for protection and protection for allegiance.” 
    [Minor v. Happersett, 88 U.S. (21 Wall.) 162, 166-168 (1874)]

  5. The only thing you need in order to obtain a passport is "allegiance":

"No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States." 
[22 U.S.C. 212]

  1. A person born in a state of the Union can have allegiance without being a statutory "U.S. citizen" under federal law.  This person is classified as a "national" and not a "citizen" under 8 U.S.C.  1452 and either 8 U.S.C. 1101(a)(21) or 8 U.S.C. 1101(a)(22)(B).

  2. A passport is proof of identity and proof of "allegiance".

"...the only means by which an American can lawfully leave the country or return to it - absent a Presidentially granted exception - is with a passport... As a travel control document, a passport is both proof of identity and proof of allegiance to the United States. Even under a travel control statute, however, a passport remains in a sense a document by which the Government vouches for the bearer and for his conduct. " 
[Haig vs Agee, 453 US 280 (1981
)]

  1. 8 U.S.C. 1401 says that a person who is a statutory "U.S. citizen" is also a "national", meaning a person who owes allegianceAllegiance is the reason why such persons can get a passport. 

    8.1  Even a person who claims to be a statutory "U.S. citizen" under federal law but who has no allegiance cannot get a passport.

    8.2  Those obtaining a passport must swear an oath of allegiance.  See 8 U.S.C.  1448.  We remind our readers that the Bible and God Himself prohibits such oaths.  See below:

    “But above all, my brethren, do not swear, either by heaven or by earth or with any other oath. But let your "Yes" be "Yes," and your "No," "No," lest you fall into judgment.”
    [James 5:12, Bible, NKJV]

  2. It is a very serious crime to lie on a passport application.  18 U.S.C. 1542 says you can be fined and put in jail for 25 years if you lie on a passport application!  Don't EVER lie on the application!  This reason alone is sufficient justification to modify the form: To avoid the charge of perjury and being put in jail for 25 years because it either presents wrong information or because it creates false presumptions.

  3. It is a very serious crime to create, procure, or use false passport documentation.  18 U.S.C. 1543 says you can be fined and put in jail for 25 years if you make or use false passport documentation.  Don't EVER use false passport documentation!

  4. The U.S. Supreme Court has said that a passport may not be used as proof of citizenship:

    "It [a passport] is a document which, from its nature and object, is addressed to foreign powers; purporting to only be a request that the bearer of it may pass safely and freely, and it is to be considered rather in the character of a political document, by which the bearer is recognized in foreign countries as an American citizen(sic), and which, by usage and the law of nations, is received as evidence of that fact. But this is a very different light from that in which it is to be viewed in a court of justice where the inquiry is as to the fact of citizenship.  It is a mere ex parte certificate; and, if founded upon any evidence produced to the Secretary of State establishing the fact of citizenship, that evidence, if of a character admissable in a court of justice, ought to be produced upon the trial as higher and better evidence of the fact..." 
    [Urtetiqi v. D'Arbel,  9 Peters 692
    ]

2.  COMPLETING THE PASSPORT APPLICATION PROCESS:

There are TWO types of passport applications:

  1. DS-11 for NEW passport applications.  This is the best form to use, so you can start over every time you apply.

  2. DS-82 for RENEWALS of existing applications.  Generally, you should avoid this form like the plague.  Always use the DS-11 form if you can.

If you indicated a Social Security Number on your last passport application, you should NOT use the DS-82 renewal form.  The last application was filled out by a "public officer" and "federal personnel" per 5 U.S.C. 552a(a)(13), and federal "employee" per 5 U.S.C. 2105 on official duty by virtue of using a number that belongs to the U.S. government per 20 CFR 422.103(d).  Since becoming sovereign, you now realize that you were serving UNLAWFULLY as a public officer at the time you previously made application in violation of 18 U.S.C. 912.  As a sovereign, you are now a private person and not a public officer on official duty, so it is illegal to use the SSN, which is government property that can only be used by government employees in the official execution of their constitutionally authorized duties within the District of Columbia and not elsewhere pursuant to 4 U.S.C. 72.

When you fill out the Standard (NOT Amended) Dept. of State DS-011 form, Application for Passport, do the following:

  1. Make sure you put in blocks 19 and 21 in the following blocks, answer "NO" and then next to it write "NATIONAL, 8 U.S.C. 1101(a)(21)". 

    1.1  Block 19:  "Is your spouse (or former spouse) a U.S. citizen?"

    1.2  Block 21: "Is your mother a U.S. citizen?"

    1.3  Block 21:  "Is your father a U.S. citizen?"

    Alternatively to the above blocks, you can also electronically modify the form and replace "U.S. CITIZEN" with "NATIONAL".  The sample modified DS-011 form above and the example that uses it above do precisely thisThe MODIFIED version of the DS-11 form we provide above electronically changes these blocks to reflect your correct legal status.

  2. In the "COUNTRY (If outside the U.S.) " block, put the name of your state, such as "California".  

  3. Block 14, "Permanent Address or Residence": This is your legal domicile. Write any of the following:
     

    • "Earth (not within any specific government or political entity)"

    • "God's government on earth (foreign government exempt from tax pursuant to 26 U.S.C. 892(a)(1))"

    • "Transient foreigner (stateless person)"

The reasons for this are exhaustively explained in our article "Why all income taxes are based on domicile and are voluntary because domicile is voluntary" and in Section 6 of our Federal and State Withholding Options for Private Employers. Basically, whenever you see the word "permanent", this a a code word for your voluntary, contractual choice of "domicile" or "legal home".  They are indirectly asking you who you are willing to pay "tribute" to in order to have protection, and if the answer is a man or a government, then you are committing idolatry as a Christian.  When we voluntarily express "allegiance", then we are consenting to pay for the cost of supporting it with taxes. 

"Thus, the Court has frequently held that domicile or residence, more substantial than mere presence in transit or sojourn, is an adequate basis for taxation, including income, property, and death taxes. Since the Fourteenth Amendment makes one a citizen of the state wherein he resides, the fact of residence creates universally reciprocal duties of protection by the state and of allegiance and support by the citizen. The latter obviously includes a duty to pay taxes, and their nature and measure is largely a political matter. Of course, the situs of property may tax it regardless of the citizenship, domicile, or residence of the owner, the most obvious illustration being a tax on realty laid by the state in which the realty is located." 
[Miller Brothers Co. v. Maryland, 347 U.S. 340 (1954)]

God says in His holy word that ONLY He is the source of all of our permanent protection and security and that it is idolatry to depend on anything else as a substitute.  We would argue that the only thing modern day Christians need "protection" from is a corrupted totalitarian socialist government, and the best way to obtain that kind of protection is by refusing to subsidize the government and thereby keeping it small enough that it cannot become the kind of threat to our liberties that it presently is.  The only good government is a small and powerless government.  Christians also define "permanent" the way God does: eternal.  Since the earth is not "permanent", then the only permanent dwelling we can have is the Kingdom of Heaven.  We are only pilgrims and strangers and sojourners while we are here and our job, according to Jesus in James 1:27 is to keep ourself "unspotted from the world":

"Pure and undefiled religion before God and the Father is this: to visit orphans and widows in their trouble, and to keep oneself unspotted from the world."
[James 1:27, Bible NKJV]

“Allegiance and protection are, in this connection, reciprocal obligations. The one is a compensation for the other; allegiance for protection and protection for allegiance.” 
[Minor v. Happersett, 88 U.S. (21 Wall.) 162, 166-168 (1874)]

"For our citizenship is in heaven [and not earth], from which we also eagerly wait for the Savior, the Lord Jesus Christ" 
[
Philippians 3:20, Bible, NKJV]

"I am a stranger in the earth; Do not hide Your commandments [laws] from me." 
[Psalms 119:19, Bible, NKJV]

I have become a stranger to my brothers, and an alien to my mother's children; because zeal for Your [God's] house has eaten me up, and the reproaches of those who reproach You have fallen on me.”
[Psalms 69:8-9, Bible, NKJV]

When the Department of State came out with the new DS-11 form in 2005, they changed the oath at the end of form, possibly in recognition of the content of this website and this article.  Now the oath says, where the new language added is in red, the following:

"I declare under penalty of perjury that I am a United States citizen (or non-citizen national) and have not, since acquiring United State citizenship (or U.S. nationality), performed any of the acts listed under "Acts or Conditions" on this application form (unless explanatory statement is attached). I declare under penalty that the statements made on this application are true and correct." (color emphasis added)

This is a good sign that things may be improving.  However, they STILL have not:

  1. Modified the check boxes in blocks 19 and 21 so that they have the "non-citizen national" option as well as "U.S. citizen"

  2. Defined using statutes exactly what is meant by "U.S. citizen" or "U.S. nationality".

We think it is VERY dangerous to sign any government form that uses terms that are nowhere defined in  a positive law somewhere and which are susceptible of having any meaning that a judge or jury wants them to mean.  Therefore, you should ALWAYS take great pains to define what the important words mean to completely remove any opportunity for false presumption on the part of the government that might prejudice your rights.  The way the present version of the DS-11 form is written, it not only does not define the term "U.S. citizen", but this term is nowhere defined in Title 8 of the U.S. Code either.  The phrase in the perjury statement at the end "

"I declare under penalty of perjury that I am a United States citizen (or non-citizen national) and have not, since acquiring United State citizenship (or U.S. nationality)"

. .also creates the false presumption that "U.S. nationality" is equivalent to being a "non-citizen national", which simply is not the case.  There are TWO types of non-citizen nationals: 

  1. "U.S. nationals", defined in 8 U.S.C. 1408, who are born in American Samoa or Swain's Island (which are U.S. possessions)

  2. "nationals" but not "citizens" pursuant to 8 U.S.C. 1101(a)(21) and 8 U.S.C. 1452 who are born in the states of the Union but who are not born anywhere within the "United States" as defined in Title 8 of the U.S. Code. or within exclusive/plenary federal jurisdiction and therefore not subject to federal law.   Those who are "non-citizen nationals" by virtue of being born in a state of the Union are NOT "U.S. nationals" under 8 U.S.C. 1408 in most cases.

Both groups above may obtain certificates of non-citizen national status under 8 U.S.C. 1452.  This is more thoroughly explained in our pamphlet "Why you are a 'national' or a 'state national' and not a 'U.S. citizen'". Therefore, we still think it is a bad idea to use this form without doing at least one of the following:

  1. Using the MODIFIED version of the DS-11 form that fixes  this problem.
  2. Using the STANDARD version of the DS-11 form and manually modifying the form yourself by lining out "U.S. citizen" and putting "non-citizen national" as the citizenship status for both of your parents in block 21.

Whichever of the two options above that you pursue, we also recommend writing above the signature write "not valid without signed attachment" and attaching the following form prepared according to the instructions included with the form:

USA Passport Application Attachment, Form #06.006 (OFFSITE LINK)
http://sedm.org/Forms/10-Emancipation/PassportAttachment.pdf

If you appear at the Dept. of State building yourself and attempt to obtain a passport in person, be advised that clerks who work there may attempt to try to instruct you on what to put on the form or try to talk you out of filling it out according to the instructions contained herein.  They will do this because they have been instructed by their supervisors to try to manufacture more statutory "U.S. citizen" taxpayer whores.  Keep in mind, however, that 18 U.S.C. 1542 authorizes up to 25 years in jail for a person who commits perjury on a passport.  If you follow their direction and end up with something that is either false or which could easily be misconstrued as false, then you and not them will end up behind bars for up to 25 years.  Therefore, the following techniques are very effective in resisting such terrorist and selfish tactics on the part of Dept. of State personnel:

  1. Remind them that they are employees, and that they may not give legal advice.  Ask them to produce evidence of their law degree and their delegation of authority order authorizing them to give legal advice if they insist otherwise.

  2. Ask them if they have a personal knowledge and to explain and justify that personal knowledge.

  3. Tell them that you want them to initial next to each thing they suggested changing and then sign the passport application under penalty of perjury along with you.  Tell them that you are going to add a notation to the application explaining that the initialed entries are THEIR answer, not yours, and that they take personal responsibility for all consequences and not you.  Remind them that if they are wrong, then they could end up in jail for up to 25 years.

  4. Tell them that your attorney advised against allowing anyone to direct what you should put on the form.

If you use the above tactics to stop itinerant government employees from trying to enslave you and attach the USA Passport Application Attachment, Form #06.006 (OFFSITE LINK), then you will quickly find that they will suddenly become a very accommodating ally of yours!

The passport forms starting after about 2004 have progressively more and more information they ask about you on the forms.  The people at the Dept. of Homeland Security are the ones with nothing better to do than sit around amassing huge databases about Americans and feeding their beast computer system with information that you voluntarily put onto this form.  Then they share this information with everyone in the world, which is a violation of your privacy.  However, if you look at the actual regulations relating to the issuance of passports, they do not describe an absolute legal requirement to provide anything other than your name, birthplace, birth certificate, and parents information.  Everything else would appear to be optional and the Dept. of State isn't allowed to deny your right to travel or deny you a passport based on failure or refusal to disclose personal information about yourself that is optional.  Therefore, when filling out the DS-11 passport application, we strongly admonish you to avoid disclosing anything but the basic information about yourself such as name, mailing address, birthplace, birth certificate, and parent names and birthdates.  Any other block on the form is optional and you should put "Fifth Amendment" in the block.  If they try to deny you the passport for failure to disclose the other information, we suggest responding as follows:

  1. The First Amendment gives me a right to NOT speak.  Please explain how you can deny me this right without violating your oath to support and defend the constitution.

    Moreover, freedom of thought and expression “includes both the right to speak freely and the right to refrain from speaking at all.” Wooley v. Maynard, 430 U.S. 705, 714, 97 S.Ct. 1428, 1435, 51 L.Ed.2d 752 (1977) (BURGER, C.J.). We do not suggest this right not to speak would sanction abuse of the copyright owner's monopoly as an instrument to suppress facts. But in the words of New York's Chief Judge Fuld:

    “The essential thrust of the First Amendment  is to prohibit improper restraints on the voluntary public expression of ideas; it shields the man who wants to speak or publish when others wish him to be quiet. There is necessarily, and within suitably defined areas, a concomitant freedom not to speak publicly, one which serves the same ultimate end as freedom of speech in its affirmative aspect.” Estate of Hemingway v. Random House, Inc., 23 N.Y.2d 341, 348, 296 N.Y.S.2d 771, 776, 244 N.E.2d 250, 255 (1968).
    [Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 559, 105 S.Ct. 2218, 85 L.Ed.2d 588 (1985)]

  2. The Fourth Amendment makes privacy a right.  In law, all rights are property, and therefore, any information about me is "property" that you cannot take from me without due process of law.  Please explain how you can turn my right to travel into a franchise and deny me that right for refusal to give up my Fourth Amendment right to privacy?

    "It has long been established that a State may not impose a penalty upon those who exercise a right guaranteed by the Constitution." Frost & Frost  Trucking Co. v. Railroad Comm'n of California , 271 U.S. 583. "Constitutional rights would be of little value if they could be indirectly denied,' Smith v. Allwriqht, 321 US. 649, 644, or manipulated out of existence,' Gomillion v. Lightfoot, 364 U.S.  339, 345."
    [Harman v. Forssenius, 380 U.S 528 at 540, 85 S.Ct. 1177, 1185 (1965)]

  3. Please show me an implementing regulation published in the Federal Register as required by 44 U.S.C. 1508 which positively requires me to disclose the specific piece of information you claim that I have a legal duty to provide.  Without such proof, you cannot make the demand you are making.  The U.S. Supreme Court has said we are a society of law and not men in Marbury v. Madison, which means we aren't a society of "policy".  The only thing I will obey is the law, and not agency "policy".  That regulation would be found in 22 CFR, Part 51.

  4. Please explain why the specific information you demand is necessary in order to determine whether I am entitled to a passport based on birth within the country United States.  According to 22 U.S.C. 212, the only thing I need to obtain a passport is "allegiance".  How is this information relevant to determining my allegiance.  Isn't an oath sufficient to determine my allegiance?

  5. The Paperwork Reduction Act, 44 U.S.C. 3501 et seq, says that "no person shall be subject to any penalty for failing to maintain or provide information to any agency".  Certainly, the denial of a passport would constitute a penalty and an unlawful interference with my right to travel.  Please provide proof that everything on this form which you say I have a legal duty to disclose is in fact mandatory and in compliance with the Paperwork Reduction Act, and prove that you have a right to penalize me for failure to disclose specific information without violating the Paperwork Reduction Act.

    ". . .no person shall be subject to any penalty for failing to comply with a collection of information. . .
    [Paperwork Reduction Act of 1980, 44 U.S. Code, Section 3501 et seq.), Section 3512. Public Protection]

If you disregard our advice in this section and give them any more than the basic information about yourself, here are some of the problems you are likely to run into:

  1. They will use the spouse and/or SSN to query the deadbeat parent database.  If your name comes up, you will get a letter from the state where there is a judgment against you indicating that your passport has been denied because you owe spouse or child support.  This database is maintained under the authority of 42 U.S.C. 666

  2. They will use the SSN to determine if you owe taxes.  If you have unpaid taxes, they may refuse to issue you a new passport or renew an old one.  See 26 U.S.C. 6039E

  3. They will use the name and/or SSN to look in criminal databases and if you are in trouble with the police, they will tip off the police.  For an example of the database they will check, see PublicData.com

That is why, you should give them the absolute minimum information and especially NOT a slave surveillance number.  The less they have to do computer matching, the more likely they are to leave you alone.

3.  ABOUT SSNs ON THE PASSPORT APPLICATION:

Page 3 of the DS-011 passport application has a section entitled "FEDERAL TAX LAW", which says that 26 U.S.C. 6039E requires providing name and social security number to the IRS or else a penalty of $500 will be assessed unless a reasonable cause (6039E(d)) can be shown for noncompliance.  This penalty IS BOGUS, because:

  1. 6039E applies to "U.S. passports", but the passport issued actually says "United States of America" and not "United States" on the front cover, so the penalty can't apply anyway.  There is no such thing as a "United States" passport!

  2. 6039E says in paragraph (b)(1) that the number which must be provided is "the taxpayer's TIN" if any.  Well, the treasury regulations say that an SSN is NOT a Taxpayer Identification Number, so even though the box says "SSN" on the form, they are really asking for a TIN and you aren't required to put the SSN on the form.  Taxpayer Identification Numbers are only issued to aliens, and aliens DO NOT apply for passports!

26 CFR 301.6109-1(d)(3)

(3) IRS individual taxpayer identification number -- (i) Definition. The term IRS individual taxpayer identification number means a taxpayer identifying number issued to an alien individual by the Internal Revenue Service, upon application, for use in connection with filing requirements under this title. The term IRS individual taxpayer identification number does not refer to a social security number or an account number for use in employment for wages. For purposes of this section, the term alien individual means an individual who is not a citizen or national of the United States.

  1. There are no implementing regulations for 26 U.S.C. 6039E like the similar section 26 U.S.C. 6039 (under 26 CFR 1.6039-1) applying to corporations even though IRC 7805 mandates enforcement implementing regulations.  Consequently, the only parties who can be subject to penalties are federal employees and officers and not private persons.  This conclusion is confirmed by 44 U.S.C. 1505(a)(1), which says that regulations do not need to be published in the Federal Register for statutes that only affect federal employees.  Since there are only about 1.5 million federal employees, then most Americans are not federal employees and are not subject to this provision.  Therefore, the average American cannot be penalized for not providing an identifying number.  The government has been less than honest by not explaining this on the form, because the result prejudices the Constitution right to privacy of the applicant under the Fourth Amendment Please read the pamphlet below for details on this monumental scam:

      Why Penalties are Illegal for Anything But Federal Employees, Contractors, and Agents", Form 05.010
      http://sedm.org/Forms/FormIndex.htm (OFFSITE LINK)

  2. Where there is no implementing regulation for penalties against natural persons, the effect of failure to publish is that the statute may not adversely affect the rights of any person.  See 26 CFR 601.702(a)(2)(ii) below as well as 5 U.S.C. 552(a):

26 CFR 601.702  Publication, public inspection, and specific requests for records.

(ii) Effect of failure to publish. Except to the extent that a person has actual and timely notice of the terms of any matter referred to in paragraph (a)(1) of this section which is required to be published in the Federal Register, such person is not required in any manner to resort to, or be adversely affected by, such matter if it is not so published or is not incorporated by reference therein pursuant to paragraph (a)(2)(i) of this section. Thus, for example, any such matter which imposes an obligation and which is not so published or incorporated by reference shall not adversely change or affect a person's rights.

  1. The Western State Law Review article entitled " Passports, Social Security Numbers, and 26 U.S.C. 6039E" analyzes the requirement to provide SSN's on passport applications and concludes that it is an unconstitutional Bill of Attainder which may not be enforced.  In effect, including the number on the form amounts to constructive fraud and violation of rights.

  2. Even if the penalty statute had implementing regulations as required, the penalty could only be assessed for federal corporate persons residing in the territorial jurisdiction of the federal United States as defined in 26 U.S.C. 7701(a)(9) and (a)(10).  This is confirmed by the definition of "person" for the purposes of the penalty provisions of the Internal Revenue Code, which says the following:

    TITLE 26 > Subtitle F > CHAPTER 68 > Subchapter B > PART I >  6671

     6671. Rules for application of assessable penalties

    (b) Person defined The term “person”, as used in this subchapter, includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.

    If the penalty was applied to natural persons, it would violate Article 1, Section 9, Clause 3 of the U.S. Constitution prohibiting Bills of Attainder.  It would also violate the First Amendment, which guarantees us the right to NOT communicate with our government as a protected type of free speech, and it is called "freedom from compelled association".  In this case, having a number or being forced to use it creates a compelled and false association that you are  domiciled in the District of Columbia under 26 CFR 301.6109-1(g).

"The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.'" 
[Wooley v. Maynard, 430 U.S. 705, 97 S.Ct. 1428, 51 L.Ed. 752 (1977
)]

"Freedom of conscience dictates that no individual be forced to espouse idealogical causes with which he disagrees: '[A]t the heart of the First Amendment is the notion that the individual should be free to believe as he will, and that in a free society one's beliefs should be shaped by his mind and by his conscience rather than coerced by the State."
[Abood v. Detroit Board of Education, 431 U.S. 209, 97 S.Ct. 1782, 52 L.Ed2d 261 (1977)]

The following pamphlet also proves that the only group against whom statutory penalties may directly be enforced are government entities, which you are not if you are appearing as a private person.

Federal Enforcement Authority in States of the Union, Form #05.032

http://sedm.org/Forms/FormIndex.htm

Therefore, for SSN put "NONE" or "000-00-0000".  SSN's may only be used by federal officers and "employees" on official duty.  This is covered in the following articles:

  1.   About SSNs/TINs on Government Tax Correspondence, Form #05.012 (OFFSITE LINKS)

  2. "Resignation of Compelled Social Security Trustee":  Describes how to quit Social Security legally.

Beginning in 2005, the DS-11 form was modified to add the following statement to Page 3 of the DS-11 form as yet one more excuse to compel you to have or use Slave Surveillance Numbers:

"31 USC 7701 requires persons 'doing business' with a federal agency to provide their social security numbers to that agency.  Because the U.S. Department of State collects fees for the provision of passport services to you, you are considered a person 'doing business' with the Department.  Passport service fees are established by law and regulation (see 22 USC 214, 22 CFR 22.1, and 22 CFR 51.61-66) and are collected at the time you apply for the passport service.  If the Department fails to receive full payment of the applicable fees, because, for example, your check is returned for a reason or you dispute a passport fee charge to your credit card, the U.S. Department of State will take action to collect the delinquent fees from you under 22 CFR Part 34 and the Federal Claims Collection Standards (see 31 CFR Parts 900-904).  In accordance with the Debt Collection Improvement Act (Pub.L. 104-134), if the fees remain unpaid after 180 days and no repayment arrangements have been made, the Department will refer the debt to the Department of the Treasury for collection.  Debt collection procedures used by Treasury may include referral of the debt to private debt collection agencies, reporting of the debt to credit bureaus, garnishment of private wages and administrative offset of the debt by reducing or withholding eligible Federal payments (e.g. tax refunds, social security payments, federal retirement, etc.) by the amount of your debt, including any interest penalties or other costs incurred.  In addition, non-payment of passport fees will result in the invalidation of your passport.  An invalidated passport cannot be used for travel."

Here are some techniques for dealing with this scam:

  1. You can attach the following form to prove that it is ILLEGAL to request or use a "Taxpayer Identification Number".  At that point, they are asking you to engage in a crime and becoming an accessory after the fact to it by asking you for a number:

      Why it is Illegal for Me to Request or Use a Taxpayer Identification Number, Form #04.022 (OFFSITE LINK) From the SEDM Forms page

  2. 31 U.S.C. 7701(c)(2)  provides a list of qualifications for those "doing business".  Notice that 7701(c)(2)(D) uses the word "and", which means that ALL of the qualifications under 7701(c)(2) must be met simultaneously in order to qualify as a person "doing business".  Otherwise, the word would have to be "or".  They are playing more tricks with words on the passport application to get people to snitch on themselves.

  3. The Internal Revenue Code is only "law" for "taxpayers", which does not include Americans domiciled in states of the Union who are not federal "employees" or "public officers".  You have to be involved in the privileges of federal employment, which is called a "trade or business" in 26 U.S.C. 7701(a)(26), in order to be subject to Subtitle A of the I.R.C. in most cases.  Everything that goes on the 1040 form, for instance, can only be connected with a "trade or business", which most people aren't involved in.  Click here for an article on this scam.  If you are a "nontaxpayer", even 26 U.S.C. 6109 imposes no obligation upon you.  See:

  4. There are no implementing regulations for 31 U.S.C. 7701 under 31 CFR that would apply this requirement to anyone in states of the Union, even though they are required under 44 U.S.C. 1505 for anyone other than federal "employees".  This is the same scam as that used with 26 U.S.C. 6039E described above, whereby there are no implementing regulations for that section either. Remind them that you are not a federal "employee" and therefore they must produce an implementing regulation published in the Federal Register that applies this requirement to the general public in the states of the Union.  See the article below for proof of this scam:
    Why Penalties are Illegal for Anything But Federal Employees, Contractors, and Agents, Form #05.010
    http://sedm.org/Forms/FormIndex.htm

  5. Another option is to pay the fees in cash or cashier's check, so that it won't bounce and therefore they don't need a number to do debt collection later.

  6. If you are ordering the passport by mail, tell them to withhold the passport until the check clears so that they don't need the number. 

WARNING:  We don't think that either mailing or presenting them with a personal check is a wise idea because then they know your accounts and financial institutions and can levy them later.  If you are leaving the country, they may do you the favor of emptying your accounts on the way out or while you are on travel.  They will use the return address you provide to do an asset search so they can STEAL your assets if you are wanted for a bogus tax liability.  It's better to give them a cashier's check and to do it in person.  We never send personal checks to the government or give them a return address inside the country.  They are spies and probably will use the information against you later anyway.

For further details on use and abuse of Socialist Security Numbers, read the informative articles below:

Some of the more important conclusions of the above articles are summarized below:

  1. Social Security Numbers can only be issued to federal "employees" for use only in the performance of their official duties.  See 20 CFR 422.104.

  2. The Social Security Number is the property of the government and not you.  Therefore, it can't be "yours" unless you are a public officer on official business.  See 20 CFR 422.103(d). 

  3. The SSN is issued to the federal "public officer" and not to the person, and then only while he is an agent of the federal government.

  4. Anyone who uses a Social Security Number who is NOT a federal employee acting on official commercial, government business is guilty of impersonating a federal "employee", which is a crime.  See 18 U.S.C. 912.

  5. You can only use it in connection with a "public purpose", and not a private purpose.  It is illegal and a crime to use or abuse the SSN for a private or personal use.  This is called embezzlement or conversion, and it is a criminal violation of 18 U.S.C. 641 and 18 U.S.C. 654.

  6. Everything connected to the SSN becomes "public property" because the SSN can only be used in connection with a "public office" or federal employment.

  7. The private person was never issued an SSN if he is not acting as a federal "employee".  Therefore, he can honestly answer "NO" in response to the question of whether he was ever issued an SSN if he is not acting as a federal "employee" or agent.

4.  CONTINGENCIES:

The public servant who is handing your application may try to reject your application with the goal of effecting what we call "privileged induced slavery", where they try to force you to give up your rights in order to procure a government "privilege".  This is highly illegal and constitutes a conspiracy against rights.  Below are some reasons they may give for their rejection, and things you can do about it:

  1. If you use the modified DS-11 form, they may reject it as not being in conformance with the standard form and therefore invalid.  If they do, use their standard form and then attach the USA Passport Application Attachment, Form #06.006 (OFFSITE LINK) filled out according to the instructions included with the form.

  2. If you modify the form manually and line out "U.S. citizen" and write "non-citizen national", they may reject the form.  Remember, the application must be signed under penalty of perjury, and if any of the information on the application is false, you can be sentenced to 25 years in jail!  What they are trying to do, by getting you to sign a form unmodified is to either put FALSE information on the form that is not consistent with your circumstances, or to use words on the form such as "U.S. citizen" that aren't defined on the form or in the law to encourage the government to make false false presumptions about your status that will cause you to surrender your sovereignty. If they do this:

    2.1  Explain to them that you can't sign anything that is either knowingly false or which is ambiguous in any way because it is a term that is not defined on the form itself or is not defined in the law.  Remind them that you are a Christian, and either making "presumptions" or allowing or encouraging others to make presumptions is a religious sin in violation of Numbers 15:30 and that they can't compel you to either commit perjury or to violate your religious beliefs, nor can they turn your right to travel using the passport into a "privilege" that compels you to surrender any of your constitutional rights.  For more details, see:

    Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction, Form #05.017

    http://sedm.org/Forms/FormIndex.htm

    2.2 Use the form unmodified, but attach the USA Passport Application Attachment, Form #06.006 (OFFSITE LINK) filled out according to the instructions included with the form.

  3. If you applied for your passport by mail or through a passport expediting agency, the Dept. of State may call you back on the telephone and try to scare the crap out of you by saying that they cannot and will not issue the passport without a Social Security Number or Taxpayer Identification Number.  When they call, they will forcefully demand such a number and say they will throw your application in the trash can if you don't provide one.  This is an act of TERRORISM that is unauthorized by law and even illegal.  42 U.S.C.  408 says it is a CRIME to compel the use of Social Security Numbers.    They are trying to get you to waive your sovereign immunity by connecting you with commerce within their legislative jurisdiction, as indicated in 28 U.S.C. 1605(a)(2).  They will also try to get you to waive sovereign immunity by trying to convince you that you ARE a statutory "U.S. citizen" pursuant to 8 U.S.C. 1401 and 28 U.S.C. 1603(b)(3).  DON'T BE INTIMIDATED BY YOUR OWN LEGAL IGNORANCE!  HOLD YOUR GROUND!  In response to such an approach:

    3.1  Record your conversation with them and tell them the call is being monitored for quality assurance purposes.  This is your legal evidence to SUE THEIR ASS for violating your rights.  Click here for details on how to record phone conversations.

    3.2  Ask them for their full legal name and agent number and residence address where they can be served with legal process.

    3.3  Tell them that you don't participate in Social Security and don't have a Social Security Number and that it is ILLEGAL to compel the use of any identifying number.

    3.4  Tell them that you aren't even eligible to participate in Social Security.  20 CFR 422.104 says that only statutory "U.S. citizens" and "U.S. residents" are eligible and that you are NEITHER.  These two groups of people have in common a legal domicile on federal territory and you don't live on federal territory and don't represent anyone who does as a private individual.  Therefore, they are asking you to commit FRAUD on a government form, which you won't do.  For details, see:
    Resignation of Compelled Social Security Trustee, Sections 8 through 8.3:
    http://famguardian.org/TaxFreedom/Forms/Emancipation/SSTrustIndenture.pdf

    3.5  STERNLY WARN THEM that they may not lawfully interfere with the free exercise of your RIGHT to travel by denying you a passport and that you will SUE THEIR BUTT if they deny your application.

    3.6  Tell them that you will not help them compel you into a "privileged state" by allowing them to UNLAWFULLY punish you for refusing to avail yourself of a taxable privilege such as Social Security.

     

    The Dept of State agent will then huff and puff, hem and haw, and may even get his supervisor on the phone to scare you even more.  He may even eventually hang up on you, but sure enough, they will issue the passport promptly anyway!  They will do this because they KNOW that if they don't, they can be sued for deprivation of rights under the color of law if they interfere with your right to travel.  The U.S. Supreme Court explained why this is when it said:

    "It has long been established that a State may not impose a penalty [such as deprivation of a passport] upon those who exercise a right [to travel] guaranteed by the Constitution." Frost & Frost  Trucking Co. v. Railroad Comm'n of California , 271 U.S. 583. "Constitutional rights would be of little value if they could be indirectly denied,' Smith v. Allwriqht, 321 US. 649, 644, or manipulated out of existence,' Gomillion v. Lightfoot, 364 U.S.  339, 345."
    [Harman v. Forssenius, 380 U.S 528 at 540, 85 S.Ct. 1177, 1185 (1965)]

    “It would be a palpable incongruity to strike down an act of state legislation which, by words of express divestment, seeks to strip the citizen of rights guaranteed by the federal Constitution, but to uphold an act by which the same result is accomplished under the guise of a surrender of a right in exchange for a valuable privilege which the state threatens otherwise to withhold.  It is not necessary to challenge the proposition that, as a general rule, the state, having power to deny a privilege altogether, may grant it upon such conditions as it sees fit to impose.  But the power of the state in that respect is not unlimited, and one of the limitations is that it may not impose conditions which require the relinquishment of Constitutional rights.  If the state may compel the surrender of one constitutional right [such as the right to travel made possible by a passport] as a condition of its favor, it may, in like manner, compel a surrender of all.  It is inconceivable that guaranties embedded in the Constitution of the United States may thus be manipulated out or existence.” 
    [Frost v.  Railroad Commission, 271 U.S. 583; 46 S.Ct. 605 (1926)]

    "The denial of a passport accordingly causes a deprivation of liberty that a citizen otherwise would have. The right to travel, to go from place to place as the means of transportation permit, is a natural right subject to the rights of others and to reasonable regulation under law. A restraint imposed by the Government of the United States upon this liberty, therefore, must conform with the provision of the Fifth Amendment that ‘No person shall be * * * deprived of * * * liberty * * * without due process of law’."
    [Shachtman v. Dulles, 225 F.2d 938, C.A.D.C. (1955)]

You may also have trouble getting the Dept of State to put the "non-citizen national" endorsement on page 24 of your new passport as required by 8 U.S.C. 1452.  They will do this because they do not want to officially recognize your sovereignty and thereby provide you with court admissible evidence of your status as a "nontaxpayer" and a "sovereign".  If this is the case, then we recommend the following alternatives:

  1. Apply for the passport in person instead of by mail using our modified DS-11 form, and then doing a Request for Certified Passport Records to get a certified copy of the approved application.

  2. Get a World Service Authority World Passport.  Several countries recognize these and they don't require Socialist Security Numbers and don't get you into a big government database.

  3. Get a Heaven Passport.

  4. Obtain a Declaratory Judgment from a local municipal court identifying you as a person who is not a statutory "U.S. citizen" under 8 U.S.C. 1401 and who instead is constitutional "citizen" and a "national" under 8 U.S.C. 1101(a)(21).  Some of the details on how to do this are documented in the seminar entitled Developing Evidence of Citizenship.

Please do not contact us for additional information about details of how to do any of the above, because we have put everything we know into this article and don't care to do research for you that you should be doing for yourself.  However, if you have researched any of the above methods more thoroughly and have some practical observations and knowledge you would like to share with us for the benefit of our readers, then we invite you to submit your research to us on this important subject.

5.  USING PASSPORT EXPEDITING SERVICES:

Some people may be in a hurry to get their passport and might decide to use a passport expediting service.  An example of such a service might be that below:

Global Passport and Visa Services

http://www.globalpassport.com/number_1_for_visas.htm

We caution those who are using such services to be very careful about what they eventually submit to the government.  These services typically have you submit your information electronically on a website and then produce a barcoded PDF file.  The web forms used for submitting your information have limitations that you need to be very aware of, along with how to deal with them.

  1. The DS-11 form, Block 13 has a field for "Country".  The online version of the form does not allow you to enter a state of the Union into this field.  You need to modify the final output electronically by changing the country field to read the name of your state.

  2. The PDF file produced also contains state two-letter abbreviations, which are actually corporate federal "States" as defined in 4 U.S.C. 110(d).  You need to modify the final PDF output to replace the two-letter state abbreviation with the name of your state.

The easiest way to modify the final PDF output of the online passport webform to conform with the requirements above is to use the full version of Adobe Acrobat, and to place opaque fields on top of the items you want to replace.  Then fill in the fields with what you want.  Alternatively, you can use any of the following programs to modify the content of the form directly:

  1. Nitro PDF Editor

  2. PDF Editor Pro by CAD-KAS software

  3. Software PDF Editor by Fox-It Software

  4. Simple PDF Editor, Ezee PDF

6.  FREQUENTLY ASKED QUESTIONS:

Question #1 In regards to the passport modification request, I am still confused as to what form needs to be submitted with that request.. is it the DS-19 or the DS-11. The DS-19 says ' ... I have not since acquiring United States citizenship..' and I am uncomfortable with that statement. I may have 'acquired' citizenship, but no longer desire to have it, thus the purpose of the form to affirm my "U.S. National" and not citizenship status.  Can you please clarify what form should be remitted (or reply and attach the proper form with corrections or suggestions as to corrections)?

Answer #1:  Answers:

  1. The proper forms are indicated in this article, which is ONLY the DS-11 form.  There are two DS-11 forms:  One for new applicants and another for renewals.  The correct one is the NEW APPLICATION form, because if the other one had a social security number on it, then it was filled out as a federal employee on official duty.  If you are going to be a "national" but not a "citizen" and a sovereign, then you can't be a federal employee under ANY circumstances, especially on any government form.  Read our Resignation of Compelled Social Security Trustee for details.

  2. You are confused about the term "U.S. national". A person born in a state of the Union is NOT a "U.S. national" under 8 U.S.C. 1408, but a "national" under 8 U.S.C. 1101(a)(21) and/or 8 USC 1101(a)(22)(B).  Please reread the pamphlet "Why you are a "national" or a 'state national' and not a 'U.S. citizen'".

  3. The term "U.S. citizenship" on a government form means "nationality" and not "citizen" status. This is proved in the "Why you are a 'national'" pamphlet mentioned in the above item, section 7.  There is nothing wrong with saying you have "U.S. citizenship", as long as you clarify exactly what that means, which is that of being a "national" pursuant to 8 U.S.C. 1101(a)(21) but NOT a "U.S. citizen" under 8 U.S.C. 1401.  The correct form to apply for a passport for a person born in a state of the Union are indicated above, which is the DS-11 form. 

  4. The Dept. of State Passport Amendment Form, DS-19 or the DS-11 renewal form are the WRONG forms to use, because:

    4.1  It does not allow you to disassociate yourself from the Social Security Number, which can only be used by federal employees on official business.

    4.2  The DS-19 form does not allow you to update the most important changed information, which is the change in your country of birth and the citizenship of your parents.

  5. As of 2006, the Dept. of State discontinued the use of the DS-19 form.  This form was previously used to validate or amend an existing paper passport.  Since they recently introduced "e-passports" with a chip on them, they are discouraging use of the older passports and avoiding updating them.  Now they want everyone to go out and get "chipped" and get an e-passport that they can use to track you like an animal using the RFID on the e-passport.  Those who want privacy probably don't want an e-passport, because they store all kinds of private and personal information on the e-passport and the database that goes with them.

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Question #2 Been reading up on passports on your site. I think I read it somewhere a while back, and now can't seem to be able to relocate it, the authority for using a substitute form, in lieu of those proffered by the gov't. Because I am thinking of applying for one and am sure they will make a big stink about it,  and would like to have something to throw back in their faces if they object. Thank you for your time and efforts.

Answer #2:  You can find information about legality of modifying government forms in the Federal and State Withholding Options for Private Employers book, section 18.2.  That section doesn't deal directly or specifically to modifying passport forms, but the principles apply generally to any government form.

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Question #3:  What is the oath that a naturalized person has to take in order to be an American citizen?

Answer #3:  Here is the oath.

THE OATH OF AMERICAN CITIZENSHIP
(Taken when naturalized)

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.  In acknowledgement whereof I have hereunto affixed my signature.”

[SOURCE:  http://www.dar.org/natsociety/Citizenship.cfm?TP=Show&ID=77]

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Question #4:  On the DS-11 form, Box 21 - where it asks Is your mother/father a U.S. Citizen?

The excellent passport info posted on this site and sedm tells you to -

   Tick Yes, and line out U.S. Citizen and replace it with National, or "non-citizen National."

I am curious, why not tick No? Since they're not US Citizens, but "non-citizen nationals."

The oath and signature asks me to declare that I am a United States citizen (or non-citizen national) ... so, my thinking is if my own signature can declare my non-citizen status - then my parent's status could not negate my oath by some birthright argument.

I ask because I'd like to not cross out anything on the form if possible, and use the SEDM attachment.

But I wanted to ask if there were any catch 22's of ticking No for my parents on box 21!

Answer #4:  That works too. There are lots of ways to skin the cat. Glad you're thinking out of the box, because you'll need to do a lot of it in order to stay free.

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Question #5:  What if I applied for a new passport without a number?  Won't they be able to match it up with the old passport number?

Answer #5:  Older passport application information is maintained in their databases, but we don't know for how long.  It is likely that they will be able to match up the old information if they really want to, but that information likely won't be maintained for long, nor can they lawfully assume that the old or expired passport information is relevant. The Social Security regulations, the SSA Program Operations Manual System and SSA Form SSA-521 all authorize anyone to terminate participation and eligibility for benefits.  If you have done that, which you should using the procedure below, any numbers would be invalid beyond that point:

Resignation of Compelled Social Security Trustee

Copyright Family Guardian Fellowship

Last revision: August 14, 2009 08:08 AM
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