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Table of contents:

1. Important Facts About Passports
2. General Guidance on Completing Government Forms
3. Completing the Passport Application Process
   3.1  Introduction
   3.2  What to Put in Specific Fields
   3.3  Dealing with Requests for Additional Information Beyond the DS-11
4. About SSNs on the Passport Application
5. Contingencies
6. Using Passport Expediting Services
7. What to Do With Your Passport After you Get It
8. Updating an Existing Passport that Has Already Been Issued With Additional Documentation
9. Frequently Asked Questions
   9.1  Which form to submit?
   9.2  Substitute Forms?
   9.3  What is the oath of naturalization?
   9.4  Proper Citizenship of Parents?
   9.5  Computer matching with old passport that has a number
   9.6  Rejection of Passport Application
10. Sources of Resistance from Passport Agencies
    10.1  Rejection of Application Because Perjury Statement Modified
    10.2  Rejection of application because USA Passport Application is Attached
11. Court Remedies for those Unlawfully Denied a Passport as a "National"

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" and a Constitutional Citizen rather than a statutory "U.S. citizen" (8 U.S.C. §1401).  The result will be that evidence in government/public records that reflects your proper citizenship status which allow you to lawfully and correctly:

1. Abandon the public office that is the source of all civil jurisdiction of federal civil courts and federal civil statutory law over your life and thereby and fire the nanny government that supervises and controls every aspect of your life unlawfully.   See:
   1.1  Proof that There Is a Straw Man, Form #05.042
   1.2  Why Your Government is Either a Thief or You are a Public Officer for Income Tax Purposes, Form #05.008
2. Restore the separation of powers put there by the founding fathers to protect your rights.  See:
   Government Conspiracy to Destroy the Separation of Powers, Form #05.023
3. Return to the de-jure republic and abandon the de facto socialist corporation that plagues our land.  See:
   Corporatization and Privatization of the Government, Form #05.024
4. Describe yourself as a "nonresident" but not an alien, a transient foreigner, and a "nontaxpayer" for federal income tax purposes.   See:
   Nonresident Alien Position, Form #05.020

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 1^st section of the 14^th 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', 'state national', and Constitutional but not Statutory 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", public officer,  or agent on official duty and in possession of public property, whcih is the number.  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]

6. 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).

7. 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)]

8. 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 allegiance.  Allegiance 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]

9. 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.

10. 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!

11. If you go through a post office to apply for a passport, it is the job of the "Acceptance Agent" to determine whether you are properly identified, not the passport processors in the Dept. of State.  If a DS-71 form is required, it must be asked for and submitted as part of the original application.  The requirement may not be subsequently ADDED by the passport processors in the District of Columbia.  See:
    http://travel.state.gov/passport/passport_1738.html
    http://travel.state.gov/passport/get/first/first_830.html
    http://www.usimmigrationsupport.org/form_ds71.html
    

    
    "Form DS-71 is an affidavit used to identify a passport applicant in cases where the individual is not able to proof his or her own identity to an Authorized Acceptance Agent. The form is to be completed by the witness, not the passport applicant. Form DS-71 must be signed in front of the agent and included with the passport application. Individuals that do not provide correct information may face consequences of fines and/or imprisonment. Form DS-71 may also be known as Department of State Passport Form DS71, DS 71, DS 0071, Form DS71 or immigration form DS-71."
    [SOURCE: http://www.usimmigrationsupport.org/form_ds71.html]
    
    "This affidavit is required to be included with a passport application only when the applicant for a passport is unable to establish his or her identity to the satisfaction of a person authorized to accept passport applications. The applicant must still present some identification of his or her own. Witnesses must complete items one through ten (and if applicable, eleven through thirteen), sign when requested to do so by the same authorized acceptance agent who accepted the passport application, and present some form of current photo identification of his or her own. "
    [p. 3 of DS-71 form]
     
    

12. For a history on passports, see:
    http://www.archives.gov/genealogy/passport/

13. 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.  GENERAL GUIDANCE ON COMPLETING GOVERNMENT FORMS:

Whenever you fill out a government form you should remember that the government that prepared the form will always self-servingly omit the two most important options in the "status" or entity type boxes, which are:

1.  "none of the above" AND
2. "not subject but not exempt"

By omitting the two above options, the govenrment is indirectly compelling you to contract with and associate with them, because all franchises are contracts, and you must associate (exercise your First Amendment right to associate) with them by choosing a domicile WITHIN their jurisdiction (as a "protected person" and therefore a "customer" called a "citizen" or "resident") before they can even lawfullly contract with you to begin with under the civil law.

The approach should always be to add a new box that says "Not subject but not exempt" and check it. This is further detailed in:

1. Flawed Tax Arguments to Avoid, Section 6.10
   http://famguardian.org/Publications/FlawedArgToAvoid/FlawedArgsToAvoid.pdf

2. Path to Freedom, Form #09.015, Section 5
   http://sedm.org/Forms/FormIndex.htm (OFFSITE LINK)

The following form solves this problem in section 4 by defining all key "words of art" used on every tax form to place you squarely outside of federal territory and not ANYTHING mentioned anywhere in the I.R.C.

Tax Form Attachment, Form #04.201
http://sedm.org/Forms/FormIndex.htm (OFFSITE LINK)

All governments are just corporations, and until you thoroughly understand the rules for contracting with them, you will never be free. Everyone who contracts with the government and, by implication participates in its franchises, which are also contracts, effectively becomes an "officer" of that corporation and therefore the "person" mentioned in I.R.C. Sections 6671( B) and 7343. See:

This discussion ought to illuminate the biblical prohibition against fornicating with the "Beast", which Revelations 19:19 defines as the governments and rulers of the world. Black's Law dictionary defines "commerce" as intercourse, which is a synonym for fornication. Contracting with the government is the "commerce" and "intercourse" subject to the biblical prohibition.

"And I heard another voice from heaven saying, "Come out of her [the pagan government that worships the MONEY that is the root of all evil, and therefore worships EVIL], my people, lest you share in her sins, and lest you receive of her plagues. ⁵ For her sins have reached to heaven, and God has remembered her iniquities. ⁶ Render to her just as she rendered to you,^[c] and repay her double according to her works; in the cup which she has mixed, mix double for her. ⁷ In the measure that she glorified herself and lived luxuriously, in the same measure give her torment and sorrow; for she says in her heart, 'I sit as queen, and am no widow, and will not see sorrow.' ⁸ Therefore her plagues [economic catastophe's and BAILOUTS] will come in one day—death and mourning and famine. And she will be utterly burned with fire, for strong is the Lord God who judges her."
[Rev. 18:4-8, Bible, NKJV]

_________________________________________

"Do not walk in the statutes of your fathers [the heathens], nor observe their judgments, nor defile yourselves with their [pagan government] idols. I am the LORD your God: Walk in My statutes, keep My judgments, and do them; hallow My Sabbaths, and they will be a sign between Me and you, that you may know that I am the LORD your God."
[Ezekial 20:10-20, Bible, NKJV]

_________________________________________

"You shall make no covenant [contract or franchise] with them [foreigners, pagans], nor with their [pagan government] gods [laws or judges]. They shall not dwell in your land [and you shall not dwell in theirs by becoming a "resident" in the process of contracting with them], lest they make you sin against Me [God]. For if you serve their gods [under contract or agreement or franchise], it will surely be a snare to you."
[Exodus 23:32-33, Bible, NKJV]

For more quotes like those above, see:

http://sedm.org/Commandments.htm

"Coming out of her" (Babylon/District of Criminals) means not choosing a domicile within "her" and thereby being a "nonresident", and not contracting with her nor participating in her franchises, because all franchises, including the "trade or business" franchise that is the heart of the income tax, are contracts.

As a rule, franchises spring from contracts between the sovereign power and private citizens, made upon valuable considerations, for purposes of individual advantage as well as public benefit, [1] and thus a franchise partakes of a double nature and character. So far as it affects or concerns the public, it is publici juris and is subject to governmental control. The legislature may prescribe the manner of granting it, to whom it may be granted, the conditions and terms upon which it may be held, and the duty of the grantee to the public in exercising it, and may also provide for its forfeiture upon the failure of the grantee to perform that duty. But when granted, it becomes the property of the grantee, and is a private right, subject only to the governmental control growing out of its other nature as publici juris. [2]
[Am.Jur.2d, Franchises, §4: Generally]
__________________________

[1]Georgia R. & Power Co. v. Atlanta, 154 Ga 731, 115 SE 263; Lippencott v. Allander, 27 Iowa 460; State ex rel. Hutton v. Baton Rouge, 217 La 857, 47 So 2d 665; Tower v. Tower & S. Street R. Co. 68 Minn 500, 71 NW 691.

[2] Georgia R. & Power Co. v. Atlanta, 154 Ga 731, 115 SE 263; Lippencott v. Allander, 27 Iowa 460; State ex rel. Hutton v. Baton Rouge, 217 La 857, 47 So 2d 665; Tower v. Tower & S. Street R. Co. 68 Minn 500, 71 NW 691.

You should view EVERY opportunity to submit a government form to anyone as an exercise of your right to contract away your rights and sovereignty and surrender both to the government. Refusing to contract means:

1. Not completing government forms.
2. Telling those who insist that you must fill out the form to begin with or must fill it out in a certain way that they are practing law without a license and doing so on your behalf and without your consent.   The only lawful reason they could have for insisting that you fill out a government form is because you are one of the entities described on the form, all of which are public offices, instrumentalities, or officers in the government that you likely have no connection with..
3.  Not describing yourself as anything on the form and therefore not anything within the franchise contract.
4. Arguing that anyone who wants to compel you to describe yourself on a government form in a way that you know does not accurately characterize both your status and your intentions is committing the crime of suborning perjury and criminally tampering with a witness. All government forms are signed under penalty of perjury and therefore constitute "testimony of a witness".  YOU and not them are the witness and all witnesses are protected from duress, coercion, and retaliation.  You and only you have the exclusive right to declare and establish your status under the civil law because doing so is how you exercise your Constitutionally protected rights to contract and associate.  Any violation of those two rights defeats the entire purpose of establishing the government to begin with, which is the protection of private rights by preventing them from being involuntarily convered to public rights.  See:
     Your Exclusive Right to Declare or Establish Your Civil Status, Form #13.008
      http://sedm.org/Forms/FormIndex.htm (OFFSITE LINK)
5. Insisting that it constitutes involuntary servitude in violation of the Thirteenth Amendment to compel you to either complete a government form or to fill it out in a certain way. It also means PROSECUTING those who engage in such slavery privately and personally because no lawyer is eve going to bite the hand that feeds him or jeoparidize the license that his government benefactors use to silence dissent.
6. Emphasizing to those receiving the form that even if they are private parties, they are acting as agents of the government in either preparing or accepting or insisting on the the form and that they are therefore subject to all the same constitutional constraints as the government in that capacity, including a Bivens Action for violation of rights.  For instance, those accepting tax forms are statutory "withholding agents" per 26 U.S.C. §7701(a)(16) who are agents and officers of the government and therefore constrained by the Constitution while physcially situated on land protected by the Constitution within the exclusive jurisdiction of a state of the Union.
7. Attaching either or both of the following forms to prevent false presumptions about the meaning of words of art used on the form that could be used to infer consent to the franchise/contract.
   6.1  Tax Form Attachment, Form #04.201 (OFFSITE LINK)
   6.2  Affidavit of Citizenship, Domicile, and Tax Status, Form #02.001 (OFFSITE LINK),

3.  COMPLETING THE PASSPORT APPLICATION PROCESS:

3.1  Introduction

The applicant for a passport has the burden of proof of showing that they have the citizenship status they claim.  See:

1. 22 CFR  §51.40
2. 22 CFR  §51.41
3. 22 CFR  §51.46

The passport applicant recipient, on the other hand, has the burden of telling you what constitutes acceptable evidence BEFORE you can meet their burden of proof, and you should insist that they disclose this in advance of asking you for additional evidence.  If they insist that you are a statutory and not constitutional citizen, they and not you have to show you a definition of "United States" within the statues that includes states of the Union.  We'll give you a hint.  There is no such definition.  See:

Tax Desposition Questions, Section 14:  Citizenship

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 indicated a Social Security Number or Taxpayer Identification Number on the last passport application you filled out, you should ESPECIALLY NOT use the DS-82 renewal form.  26 CFR §301.6109-1(b) indicates that TINs are required for legal "persons" engaged in the "trade or business" franchise, which is defined as "the functions of a public office".  That means all those who use or disclose government numbers are "public officers" in the government.  That last passport application you made, if it had a number, was therefore 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 educated about the law, you now realize that you were serving UNLAWFULLY as a public officer (e.g. "straw man") at the time you previously made application in violation of 18 U.S.C. §912.  See:

1. Proof that There is a "Straw Man", Form #05.042 (OFFSITE LINK)
2. Why It is Illegal for Me to Request or Use a Taxpayer Identification Number, Form #04.205 (OFFSITE LINK)
3. Why You Aren't Eligible for Social Security, Form #06.001 (OFFSITE LINK)

As a sovereign, you are now a private person and not a public officer on official government duty, so it is illegal to use the SSN, which is government property that can only lawfully 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.  A "public office" is a federal job.  They can't make you work in a public office without your consent, and when you choose to act in that capacity without compensation is YOUR choice, not theirs.  The only people who need numbers are persons engaged in federal "benefits" and/or franchises and you aren't such a person and no longer choose to act like such a person and still remain sovereign.

Generally, the clerks you deal with in the passport office or passport agency will try to get you to fill out the DS-82 form or get you to admit that you are renewing.  They will do this because they want to keep you connected to the public office that attaches to the SSN on your last application so they can tax and regulate and control you by making you surety for the public office that attaches to the number.  DO NOT therefore tell the clerk that you are there to renew a passport nor allow them to trick you into admitting that you are there as a government agent or officer by getting you to disclose a government number to them.  Insist on the DS-11 and not the DS-82 form and do not put a number on the DS-11 form.  Even if there was a previous DS-11 or DS-82 application that had your name on it, the presence of a government ID number on the application makes the applicant a DIFFERENT legal "person" and a public officer who is NOT you, the private person.  See section 3 later on SSNs and TINs for why this is, if you are unsure about this.  The clerk may also look in their records and find a previous DS-11 or DS-82 application that had a number and ask you why that isn't you.  If they do, indicate that:

1. The number was incorrect and was not lawfully issued.  You were not a statutory "U.S. citizen" or "U.S. resident" at the time the number was issued.  See:

   Why You Aren't Eligible for Social Security, Form #06.001

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

2. You didn't make the application for Social Security and therefore it isn't your number.  (Your parents did, and they can't obligate you!)
3. The number associated with the application is not yours.  20 CFR 422.103(d) says the number is THEIRS, not yours.  Therefore, anything it attaches to is also THEIRS and not yours because you don't choose to work for them as a private person.  It is illegal to mix or comingle public property, which is the number, with private property, which is information about you.  One of the two has to change character when they mix, and what inevitably happens is the private property is effectively donated to a public use to procure the benefits of a federal franchise.

Keep in mind that you aren't required to answer everything on the form and that a "Fifth Amendment" response is sufficient to questions that aren't relevant, such as your occupation or even your "permanent address".  Less is best because the more detail you give them, the more likely they are to find some error or mistake that they will then use as an excuse to deny or delay the passport  issuance process.  They don't want to issue sovereigns valid passports and thereby recognize their sovereignty and will do everything they can to impede, delay, or interfere with the process until you donate your flesh to the beast for free by numbering it and connecting it with public offfices and franchises without compensation.  Here are some of the devious tactics they may try to use to try to delay or avoid issuance that you should be aware of, all of which involve verifying the accuracy of the information you provide:

1. If you gave them a domestic PO box address, they will look in the Postal Service database for the Postal Service Form PS1583 submitted to open the box and ensure that it is accurate.  The best way to avoid this kind of scrutiny is to use a foreign address outside the country and to put after the address "(not a domicile or residence)".  They can't verify foreign addresses using the PS form 1583.  See also:
   Postal Service Form 1583 Attachment, Form #06.018
   http://sedm.org/Forms/FormIndex.htm (OFFSITE LINK)
2. They will look in their databases for previous passport applications and whether they had a number.  If they find one they may say that you are misrepresenting your status.  You now know that accusation is FALSE because you were supposed to send in form SSA-521 and quit social security before you started this and because you have a choice when you are on duty and off duty as a public officer/government whore and you are appearing as a private person during the application process.
3. They may call the emergency contacts on the form and verify information on the form.
4. If they find something inaccurate on your application, they may threaten to prosecute you for fraud on the passport and put you in jail for up to 20 years pursuant to 18 U.S.C. §1542.  They will especially use this tactic for the TIN or SSN and you had better do your homework to avoid the consequences of this TERRORIST TACTIC.  Where is the Dept. of Homeland Security when you need them to protect you from terrorists?
5. They may put you in contact with a diplomatic security special agent to answer further "interrogation questions" to ensure you are being truthful and further investigate.  More intimidation.

If they find anything inaccurate on the DS-11 application, they may say that they must delay issuance of the passport until they have time to further verify the information. If anything is wrong and you have a current passport, they may tell you the following:

Dear sir,

This email shall serve as notice that the Department of State, Bureau of Diplomatic Security is invoking it’s authority under 22 CFR 51.7, and demanding the return of passport # _____________ to this office forthwith. The passport will be held in our office until this Bureau’s investigation has concluded. As you will note, a United States passport is the sole property of the United States and it is clearly stated on the inside of the passport book.

The Bureau of Diplomatic Security is not revoking the passport – such a process can only be done by the Bureau of Consular Affairs, and prior to such an action, you are entitled to a hearing under 22 CFR § 51.70.

Please mail the requested document to:

Matthew <<REDACTED>> – Special Agent
US State Department – Bureau of Diplomatic Security
1111 19th St NW, 3rd Floor
Washington, DC 20036

If you are unable to comply due to financial difficulties, you can contact me directly and I will arrange for a federal express airbill to be sent to your care to facilitate the return.

Respectfully,

Matthew <<REDACTED>>

The best way to avoid delay tactics is to give them the minimum information possible to avoid scrutiny, to ensure that the information you give them is accurate, and to attach the USA Passport Application Attachment, Form #06.007 (OFFSITE LINK) as a way of explaining what you are doing, why you are doing it, and the fact that they are illegally tampering with a witness to try to instruct you about what to put on the form.  Chances are, they have seen this form many times previously and understand the issues on the form to the point where they won't try to second guess what you are doing or exploit your legal ignorance to recuit you into government servitude as a public officer.

3.2  What to Put in Specific Fields

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

1. Block 4, "Place of Birth":  Write the city, a comma, and then the name of your state without the phrase "State" in it.   For instance, if you were born in San Francisco, California, write "San Francisco, Nation of California".  DO NOT write "United States" anywhere in this block
2. Block 5, "Social Security Number":  Put "000-00-000".  The back of the form says this is what to use if you don't have an SSN.
3. Block 10,  "Parents' information":

   1.2  Father:  "U.S. citizen?"  Check NO

   1.3  Mother: "U.S. citizen?"  Check NO

   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 this.

4. Block 17, "Permanent Address": 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 Tax 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)]

4. Perjury Statement at the End:  The perjury statement is below.  You need to modify it to line out all references to "citizen" or "U.S. citizenship" and circle all references to "national" or "nationality".  Since we can't circle on this web page, the things that should be circled are underlined.

I declare under penalty of perjury all of the following: 1) I am a citizen or non-citizen national of the United States and have not, since acquiring U.S. citizenship or nationality, performed any of the acts listed under "Acts of Conditions" on the reverse side of this application (unless explanatory statement is attached); 2) the statements made on the application are true and correct; 3) I have not knowingly and willfully made false statements or included false documents in support of this application; 4) the photograph submitted with this application is a genuine, current, photograph of me; and 5) I have read and understood the warning on page two of the instructions to the application form.

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.

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', 'state national', and Constitutional but not Statutory 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 STANDARD version of the DS-11 form and manually modifying the form yourself as described in this section.

2. Using the STANDARD version of the DS-11 form and adding the following attachment.

USA Passport Application Attachment, Form #06.007 (OFFSITE LINK)
http://sedm.org/Forms/AvoidingFranch/PassportAttachment.pdf

The least confrontational and most successful way is option 1 above.  Many people have used this method and it works fine for them.  If you use Option 2 above, the processing facility or post office may drag their feet, reject your application until you fill out the IN-709 form, or try some other delay tactic.

3.3  Dealing with Additional Requests for Information

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 #06.007 (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 admonitions 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.

4.  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, TIN's can only be issued to "U.S. persons" pursuant to 26 CFR §301.6109-1 and those domiciled in states of the Union are NOT statutory "U.S. persons" with a domicile on federal territory as defined in 26 U.S.C. §7701(a)(30).  Click here for details.

3. 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)

4. 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.

5. 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.

6. 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:

   • "Taxpayer" v. "Nontaxpayer", Which one are you?

   • Great IRS Hoax, sections 5.4 through 5.4.3.6 for additional details on the voluntary nature of Subtitle A of the Internal Revenue Code.

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. 

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

1. About SSNs/TINs on Tax Correpondence, Form #04.104:
   http://sedm.org/Forms/Tax/Procedure/AboutSSNs/AboutSSNs.htm   (OFFSITE LINK)

2. Why It is Illegal for Me to Request or Use a Taxpayer Identification Number, Form #04.205 (OFFSITE LINK)
   http://sedm.org/Forms/Tax/Withholding/WhyTINIllegal.pdf

3. Resignation of Compelled Social Security Trustee-allows you to quit the Socialist Security program legally
   http://famguardian.org/TaxFreedom/Forms/Emancipation/SSTrustIndenture.pdf

4. Why You Aren't Eligible for Social Security, Form #06.001
   http://sedm.org/Forms/AvoidingFranch/SSNotEligible.pdf  (OFFSITE LINK)

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.

5.  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. The Dept. of State introduced a new version of the DS-11 form in about February of 2008.  This new form has a checkbox to indicate whether you want a "U.S. citizen" identification card or a passport.  It has also been made more tamper resistant because it is in color rather than black and white.  This makes it harder to create and use your own version of the form so that clerks can harass and discriminate against people who modify the form.  If you used the earlier version of the DS-11 form, they may reject your application and insist that you submit the newer form, even though the older form is still valid based on the expiration date at the bottom.  If they do this, just resubmit with the new DS-11 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 sovereign immunity under 28 U.S.C. §1603(b)(3).  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 #06.007 (OFFSITE LINK) filled out according to the instructions included with the form.

3. If you submitted the DS-11 form with the USA Passport Application Attachment, Form #06.007 (OFFSITE LINK) attached, they may send back your application with the Dept. of State Passport Identification List, Form IN-709-01 and ask you to fill out this form.  They will do this usually because:

   3.1  You didn't provide a Social Security Number and they want to extract it through indirect means or verify that you don't have one.

   4.2  They don't like your answers and they want to harass you into changing them because they want legislative jurisdiction over you that they aren't entitled to and you won't give it to them.

   3.3  They want to destroy your right to privacy because they suspect you are are terrorist or anti-government.

   They want extensive personal information that they can use to incriminate you later and punish you for demanding that your sovereignty be respected.

4. If they reject the application and send you the IN-709-01 form to fill out we recommend the following approach:

   4.1  Insist that you are being discriminated against because you refuse to sanction or allow a surrender of sovereign immunity.  Demand the regulations and proof of publication in the Federal Register that authorize them to penalize you as a person outside their jurisdiction.  Emphasize that they are penalizing you and discriminating against you by demanding additional information that they don't require EVERYONE to provide.  This is an unconstitutional deprivation of equal protection and equal treatment.  The following form proves that such enforcement penalties are ILLEGAL:

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

   http://sedm.org/Forms/MemLaw/FedEnfAuthStates.pdf

   4.2  Point out USA Passport Application Attachment, Form #06.007 (OFFSITE LINK) section 6, in which it is proven that the IN-709-01 is a "bootleg form" that no law requires you to fill out and that you won't fill it out.

   4.3  Emphasize that the the only thing you need to be issued a passport is "proof of allegiance" pursuant to 22 U.S.C. §212 and that none of the information on the IN-709-01 establishes "proof of allegiance" and is therefore unnecessary.

   4.4  Submit the IN-709-01 form completed but answer "First Amendment" (NOT "Fifth Amendment") to all the questions on the IN-709-01 form except those that also appear on the DS-11 form itself.  Put "Private (First Amendment)" in every block other than your name, address, parent information, date of birth.  Do NOT provide any information beyond what appears on the DS-11 form itself.  This approach is explained in sections 3 through 3.3.2 of the following form:

   Silence as a Weapon and a Defense in Legal Discovery, Form #05.021

   http://sedm.org/Forms/MemLaw/Silence.pdf

   4.5  Attach the Privacy Agreement, Form #06.014 (OFFSITE LINK) and the  USA Passport Application Attachment, Form #06.007 (OFFSITE LINK) to the IN-709-01 form and DS-11 form you return to ensure that none of the information provided on the form is entered into any electronic information system or shared with any third party.

5. 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:

   5.1  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.

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

   5.3  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.

   5.4  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

   5.5  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.

   5.6  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)]

Some people have also said that if they reject the passport applications, DOS agents may keep the expired passport and/or the certified copy of the birth certificate you submitted and say that they need to keep it as evidence of fraud.  They may do this under the authority of 22 CFR §51.46.  These are yet more terrorist tactics designed to interfere with your right to travel until you sign up for the government job called "U.S. citizen", donate all your  possessions to their plunder, and change your domicile to the federal planatation before you leave the country.

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 the procedures here 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.

6.  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.  Radio frequency waves cannot go through solid metal, no matter how thin.  We use a mint can we get from Starbucks to hold our passport.

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

7.  WHAT TO DO WITH YOUR PASSPORT AFTER YOU GET IT

Passports issued starting in 2006 have RFID chips embedded within the inside center bottom of the front cover.

1. These are electronic devices.
2. They do not have or need a power source.
3. They can be used to passively track your movements in any facility, including an airport.  If you are wanted for a crime, they could apprehend you on the spot after they look up your information automatically and electronically during your movement.

4. The RFID passport comes with a little sheet of paper which indicates that even if the electronics stop working, you may continue to use your passport indefinitely and do not need to replace it.

We strongly recommend the following tactics to provide the best privacy and security for those unfortunate enough to have the RFID passports:

1. As soon as you receive your new RFID passport, we strongly suggest getting out a hammer and a punch, placing the front cover on a hard metal surface, putting a thin strip of aluminum above the chip that you cut out of an aluminum can using scissors, and SMACKING the chip to destroy it using the hammer and punch.  The metal strip above the passport will prevent it from being directly struck or damaged by the punch, but the damage can still be done to the electronics.  This will ensure that the unique serial number embedded in the chip cannot be read by the RFID scanners found in airports and terminals.
2. When you are travelling, ensure that you keep the passport in a small metal can or container, such as a cigarette case.  This will prevent the facilities located in airports and terminals from passively interrogating your passport to extract your identity.  Radio waves cannot penetrate through metal objects.

8.  UPDATING AN EXISTING PASSPORT THAT HAS ALREADY BEEN ISSUED WITH ADDITIONAL DOCUMENTATION

Many of our members and readers may already have applied for and received a national passport before encountering or reading the information on our website for the first time.  They may wish to update their passports immediately based on new information but their passports may not expire anytime soon such that this would be necessary or feasible.  Some members may also have been FORCED by the passport office to omit the USA Passport Application from their DS-11 form and thereby commit subornation of perjury under duress.  For all these people, we recommend sending in an errata letter to the Dept. of State to correct the original application that gave rise to the passport currently in their possession.  Such an errata letter might look like the following:

John Doe
<<ADDRESS>>
<<CITY>>, <<STATE>>  <<ZIP>>

Department of State
<<ADDRESS>>
<<CITY>>, <<STATE>>  <<ZIP>>

Enclosure(s):

1.  Photocopy of currently valid passport.
2.  USA Passport Application Attachment.

Dear sir,

1.  PURPOSE:

This correspondence constitutes a correction/amendment to the original DS-11 passport application which gave rise to the issuance of the passport described in Enclosure(1).    I am providing this information because:

1. I want to ensure that the records you have about me are as complete, accurate, and unambiguous as humanly possible.

2. The original DS-11 form submitted to you which gave rise to my current passport contained information that I now know, based on subsequent legal research AFTER submitting it, is either inaccurate or which could encourage or condone false presumptions about my legal status that might have criminal consequences.

3. I want to avoid any possibility of ever being accused of committing perjury on the passport application, and avoid any adverse consequences arising from conflicts between the status I claim in current/recent government correspondence and forms, and the status I mistakenly and unknowingly claimed at the time the original DS-11 was submitted.

2.  ACTION PROMTLY REQUESTED OF YOU

Please promptly:

1. Attach and associate this correspondence and all enclosures with the original DS-11 application in order to ensure that my original application is not misconstrued or viewed as inaccurate.

2. Remove any government identifying numbers associated with my name, including Taxpayer Identification Numbers (TINs) and Social Security Numbers.  I AM NOT eligible and never have been eligible for any government identifying numbers and any numbers in your possession are NOT my number, but instead belong to the government.  It is a CRIME to use such public property for a private use or private purpose, and I was a private person not engaged in federal franchises at the time I made application for a passport.  See and rebut ALL of the following promptly if you disagree:
   2.1  Resignation of Compelled Social Security Trustee, Form #06.002.
          http://sedm.org/Forms/FormIndex.htm
   2.2  Why it Is Illegal for Me to Request or Use a "Taxpayer Identification Number", Form #04.205
         http://sedm.org/Forms/FormIndex.htm
   2.3  Why You Aren't Eligible for Social Security, Form #06.001
          http://sedm.org/Forms/FormIndex.htm

3. Change my citizenship status from that of a statutory "U.S. citizen" per 8 U.S.C.  §1401 to that described in Enclosure (2).

4. Update my parent's citizenship status indicated in block 10 of the DS-11 form from "U.S citizens" to non-citizen nationals pursuant to 8 U.S.C. §1101(a)(21) and 8 U.S.C. §1452.

5. If you dispute or have doubts about anything in this correspondence, please read and then respond with a detailed rebuttal signed under penalty of perury to:
   5.1  Anything you disagree with in this correspondence.
   5.2  Anything referenced in this correspondence.
   5.3. Anything incaccurate in the following, and especially the questions at the end of the following:
           Why You Are a "national", "state national", and Constitutional but not Statutory Citizen, Form #05.006
           http://sedm.org/Forms/FormIndex.htm

I ask that in responding to this correspondence, you avoid the temptation to:

1. Make legal determinations about my status.  I do not authorize you to practice law on my behalf or to tell me either what I AM or what I am NOT.  The status I claim is an exercise of my protected First Amendment right of freedom of association and you may not interfere with the exercise of that right by telling me how, or under what circumstances, I choose to politically associate or disassociate with a specific political group called a "state" or government.

2. Label anything within this correspondence as "frivolous".  For the purposes of your response to all correspondence or forms originating from me, that word shall mean "truthful, accurate, and consistent with prevailing law".  I emphasize that you are a public servant and I am the public.  You serve me and I have a right to expect that you will help me comply with the requirements of law by citing HOW to comply, not why you don't like my sincere efforts to comply.

3. Try to compel me to participate in federal franchises such as Social Security, Medicare, Unemployment, or the "trade or business" franchise that is the heart of the income tax.  It is a criminal violation of the separation of powers and the Thirteenth Amendment to offer or enforce government franchises to those domiciled outside of federal territory pr those not ALREADY lawfully employed with the federal government as public officers BEFORE they filled out any tax or passport form.  See 18 U.S.C. §911 and the rebut the following and the questions at the end of the following if you disagree:
     Government Instituted Slavery Using Franchises, Form #05.030
     http://sedm.org/Forms/FormIndex.htm

I emphasize that the original DS-11 form constitutes "testimony of a witness" because signed under penalty of perjury and that a failure to add this correspondence in its entirety to the original DS-11 application submitted for my current passport will result in the following crimes on your part and/or make you a willful accessory to such crimes:

1. Perjury. 18 U.S.C. §1001, 18 U.S.C. §1621.

2. False statements on a passport.  18 U.S.C.  §1542

3. Subornation of perjury.   18 U.S.C. §1622.

4. Misprision of felony.  18 U.S.C.  §4.  You are required as a public officer to report any and all crimes indicated above that are caused by an omission or inaction on your part.

You have 30 days to respond to and rebut this correspondence or be found in default and equitable estoppel pursuant to Fed.Rul.Civ.P. 8(b)(6).  A response not signed under penalty of perjury or signed without the real legal birthname, work address (NOT PO BOX), phone number, and place where you can be served with legal papers shall constitute a non-response for the purposes of this correspondence.  Every time I correspond with you on a government form, I have to sign it under penalty of perjury and you have to abide by the same rule.  Otherwise, an unconstitutional "title of noblity" has been illegally conferred and the requirement for equal protection that is the foundation of the Constitution has been violated.

3.  AFFIRMATION

I certify under penalty of perjury from without the "United States" and from within the "United States of America", a foreign state and a foreign estate pursuant to 26 U.S.C.  §7701(a)(31) and 28 U.S.C. §1746(1) that this correspondence and all enclosures are true, correct, and complete to the best of my ability when accompanied by the original DS-11.  I also certify that my original DS-11 was not knowingly false at the time I submitted it but may be wrongfully construed as false if it is not promptly updated as indicated by this enclosure.

Very Respectfully,

John Doe

We recommend sending the above correspondence with the indicated enclosures via certified mail with return receipt and also using the following form to getnerate legal evidence that it was sent:

Certificate/Proof/Affidavit of Service, Form #01.002
http://sedm.org/Forms/FormIndex.htm  (OFFSITE LINK)

The above letter is provided as a fillable form at the following location:

Passport Amendment Request, Form #06.016
http://sedm.org/Forms/FormIndex.htm (OFFSITE LINK)

9.  FREQUENTLY ASKED QUESTIONS:

NOTE:  Please do NOT contact us directly to ask questions about this article.  If your question is not answered in this section, instead post it to the following topic in our forums.  You MUST become a member and consent to our Disclaimer before you can join our forums

Family Guardian Forums:  Citizenship, Domicile, and Nationality Topic

9.1  Which form to submit?

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).  Please reread the pamphlet "Why you are a "national", 'state national', and Constitutional but not Statutory 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.

___________________________________

9.2  Substitute Forms?

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 Tax Withholding Options for Private Employers book, section 20.3.  That section doesn't deal directly or specifically to modifying passport forms, but the principles apply generally to any government form.

___________________________________

9.3  What is the oath of naturalization?

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]

___________________________________

9.4  Proper Citizenship of Parents?

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.

___________________________________

9.5  Computer matching with old passport that has a number

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

___________________________________

9.6  Rejection of Passport Application

Question #6:  I submitted the DS-11 application with the USA Passport Application Attachment, Form #06.007 (OFFSITE LINK) and I got the following letter back asking for additional information:

Dept. of State Rejection Letter

They are trying to compel me to associate with or participate in franchises based on the kind of ID they are asking for and I don't want to be connected with any franchises such as driver's license, SS, etc.  How do I respond to this and do you have a response for this response?

Answer #6:  What forms of ID did you provide? The letter asks for additional ID.  Your predicament is mentioned in Section 5 of the :

USA Passport Application Attachment, Form #06.007 (OFFSITE LINK)

If you sent the above form and they ignored section 5, they are:

1. Playing games with you.
2. Not answering the questions in the form.
3. Covering up the truth.
4. Instituting a bill of attainder against you and/or discriminating against you by trying to force you to meet different and more stringent requirements than everyone else.
5. Trying to connect you to franchises indirectly rather than directly.  Since you wouldn't give them a number, they are trying to get you to give them one indirectly by looking you up in another database based on the information you provide.  That is compelled use of identifying numbers in violation of 42 U.S.C. §408(a)(8).

Attach your original application with a cover letter as followings:

1. Attach the original rejected application with the Form #06.007.

2. Reference section 5 of the Form #06.007 and ask them why they didn't address the issues raised therein in their response.

3. Insist that you are being subject to a bill of attainder and being penalized for expecting them to recognize your true status.

4. Insist that you are being compelled to violate your religious beliefs by being connected with franchises that your beliefs do not allow you to participate in or accept the benefits of.  All the information they are asking you is aimed at connecting you to one or more franchises.

5. Tell them that the additional information they are not asking for is making you into a target for persecution and selective enforcement because other applicants are required to provide it.

6. Tell them that the form Passport Identification List, Form IN-709-01 form they provided is not in compliance with the Paperwork Reduction Act and therefore need not be complied with as indicated in Form #06.007, Section 5 and ask them why they didn't deal with that issue initially. 

7. Take the IN-709-01 form and line out each page and write the following on  each page.

   "First Amendment (right to NOT speak)"

8. Take an electronic photo of yourself, paste it electronically or glue it in the cover letter, and have the notary notarize your affidavit.  That functions as a government-issued picture ID.  All notaries are public officers of the government and therefore, a notarized document with your picture on it constitutes picture ID.  If they want more than one additional photo ID, do it several times.

   Chapter 1

   Introduction

   §1.1 Generally

    

   A notary public (sometimes called a notary) is a public official appointed under authority of law with power, among other things, to administer oaths, certify affidavits, take acknowledgments, take depositions, perpetuate testimony, and protect negotiable instruments.  Notaries are not appointed under federal law; they are appointed under the authority of the various states, districts, territories, as in the case of the Virgin Islands, and the commonwealth, in the case of Puerto Rico.  The statutes, which define the powers and duties of a notary public, frequently grant the notary the authority to do all acts justified by commercial usage and the "law merchant".

   [Anderson's Manual for Notaries Public, Ninth Edition, 2001, ISBN 1-58360-357-3]

The USA Passport Application Attachment, Form #06.007 (OFFSITE LINK) has such a letter at the end that you can use in your circumstance and which meets all the above requirements.

Additional remedies are provided for those who are denied passports within 22 U.S.C. §2721.

10.  SOURCES OF RESISTANCE FROM PASSPORT AGENCIES

The citizenship research on this website posted beginning here in 2000 has resulted in changes to at least three government forms that we know of so far, all of which have had the "national" or "U.S. national" added to them as an option:

1. DS-11 Passport Application.  "non-citizen national" was added to the perjury statement at the end.

2. Homeland Security I-9 Form.  "citizen of the United States" in the perjury statement at the end was replaced with "citizen or national of the United States".  See the following article in our forums about this:
   http://famguardian.org/forums/index.php?showtopic=1681

3. IRS Form 1040NR.  Now the form actually mentions "U.S. national" at the beginning!

Resistance to our approach on citizenship therefore appears to be on the decline.  However, you are still likely to encounter resistance from ignorant and presumptuous clerks at post offices, passport agencies, and the Dept. of State who are not familiar with the law on citizenship.  This section documents resistance experienced to date by our readers in obtaining a "national" passport and which we have been made aware of through email or by postings on our forums.  If you experience any other form of resistance not appearing in the list below, then please post your experience in our citizenship forums at the link below and we will add a work-around to this article for it:

Citizenship, Domicile, and Nationality Forums

Below are negative experiences so far, along with the some suggested work-arounds.  We are not resourced to give individual advice or help on this subject, but if you send us your information, we can post general guidance not specific to you or your circumstances in this section.

10.1  Rejection of Application Because Perjury Statement Modified

Application rejected because perjury statement is modified:  In the perjury statement at the end of the DS-11 form, some people line out "citizen" and circle "non-citizen national", some passport facilities will say they can't accept it.  Results are varied.

Workaround:  Make a simple attachment and above the signature line say "Not valid without signed attachment".  Then in the attachment, indicate the following.  This language, by the way, is already in the USA Passport Application Attachment, Form #06.007  (OFFSITE LINK) and you will only need this language if you didn't attach the form to your original application:

"Applicant is a 'non-citizen national' pursuant to 8 U.S.C. §1101(a)(21) and 8 U.S.C. §1452, a 'stateless person' pursuant to 28 U.S.C. §1332 because not domiciled in a a federal territory mentioned in 28 U.S.C. §1332(e).  Applicant is NOT a statutory citizen pursuant to 8 U.S.C. §1401 or a 'U.S. national' pursuant to 8 U.S.C. §1408 or 8 U.S.C. §1101(a)(22)(B)."

_____________________________________

10.2  Rejection of application because USA Passport Application is Attached

Application not processed because USA Passport Attachment, Form #06.007 is attached:  Some people have indicated that if they attach the USA Passport Application Attachment, Form #06.007 (OFFSITE LINK) they get a long invasive DOS Form IN-709-01 attached to a rejection letter indicating that they need more information before they can process your application.  They won't explain why they need it, why the information provided is insufficient, or why their form is not OMB approved and therefore not an authorized collection of information.  This is a delay tactic intended to punish you for trying to establish an administrative record that proves your status.  They are also trying to use the additional information to connect you to government franchises, because most of the additional information they ask for ties you to one or more government franchises.  We recommend sending them the following letter and also forwarding to the author of the form the response you get:

Passport Notice and Demand Letter, Form #06.017 (OFFSITE LINK)

Workaround:  This tactic is already rebutted in the USA Passport Application Attachment, Form #06.007, section 5.  Use the language contained in that section in responding.  Tell them that the form is not in compliance with the Paperwork Reduction Act and that you aren't required to provide anything more than your birth certificate and an oath of allegiance.  Ask them why they didn't address this issue in their response.  Insist that they process your application and not subject you to a delay, which is a type of penalty, because you have the status you have.  Insist that they provide you a way to comply that doesn't attach you to a government franchise such as a license, or a government identifying number because your religious beliefs prohibit participation in franchises.  Tell them that they can't compel you to surrender a right in order to travel freely using the passport.

If all else fails and they compel you to complete the form in a certain way or omit the attachment, you can always send in the  Passport Amendment Request, Form #06.016 referenced earlier in section 8 after they issue the passport and document the duress you were exposed to for the record and name the person who instituted the duress and criminally tampered with you, the witness.  You should also write the supervisor of the person who instituted the criminal duress and request that they be both disciplined and FIRED.

11.  COURT REMEDIES FOR THOSE UNLAWFULLY DENIED A PASSPORT AS A "NATIONAL"

Anyone who denies you the issuance of a valid passport as a "national" is interfering with your unalienable right to travel is is personally liable for a tort.  It is pointless to sue the United States Government for such an infraction and much more productive to sue the specific person for a tort in state court.  You cannot sue the United States government in a state court because of the separation of powers doctrine, but you can sue the agent personally and individually.

If you decide to sue in a federal court, the following options are available:

1. File the action under 8 U.S.C. §1503(a) as follows:
   1.1  Define the term "United States" as used in the above statute as the United States of America to exclude federal territory, since the section does
          not state what definition they are relying on.
   1.2  Attach the Citizenship, Domicile, and Tax Status Options, Form #10.003  (OFFSITE LINK)to the complaint.
   1.3  State that you are NOT litigating to defend a "privilege" but the constitutional right to travel.
   1.4  Emphasize that you were physically present within the "United States" at the time of the infraction but that you are NOT domiciled or resident in
          the "United States" as defined within any federal statute.
   1.5  Attach the  Federal Pleading/Motion/Petition Attachment, Litigation Tool #01.002 (OFFSITE LINK), to your complaint.
   
   For additional information about this remedy, see:
   3C Am Jur 2d §2732-2752

2. File a Bivens Action for violation of your right to travel against the party who denied you the passport.  Do not cite any federal statute.  Resources for doing so are contained in section 3 of our Sovereignty and Freedom Page.

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