Reasons for the invalidity of the Russian passport, and why it is dangerous for Russians living in America

Before I started writing this article, I tried to find official statistics on how many Russians live in the United States, how many in Canada, how many in Europe, and how many around the world. There are no exact statistics, especially considering the fact that a citizen of the Russian Federation receiving another citizenship does not terminate his Russian citizenship. That is, it would not be possible to count all Russian citizens, even if such statistics existed. And what to do with those who have not lost their Russian citizenship, but in their hearts consider themselves Americans? There are thousands, if not millions, of such people. Some are not concerned about the validity of their Russian documents, but at some point they become more acute and seem insoluble.

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Today we will talk about recent changes in Russian legislation. These changes have forced many to think about the validity of their documents, to start urgently changing and restoring them. First of all, the changes affected people who changed their name abroad (due to marriage or shortening of the name out of a desire to Americanize).

“What are the consequences of not having a valid Russian passport?” I get asked this question three times a day. Sometimes more often. There are many negative consequences of not having a passport. The biggest concern is potential problems with leaving Russia. If a citizen of the country cannot be denied entry into the Russian Federation, then leaving is easy. In the territory of the Russian Federation, you can be brought to administrative responsibility (Article 19.15 of the Code of Administrative Offenses of the Russian Federation) for living as a Russian citizen with an invalid passport. Needless to say, a person without a passport is like having no hands - nothing can be done. Of course, upon arrival in the Russian Federation, you can immediately plunge into bureaucratic thickets, but when every day matters, it is better to think about it in advance.

So, in accordance with Article 8.1. of the Law of the Russian Federation No. 114-FZ of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation” (with amendments and additions that entered into force on February 5, 2025), there are eight grounds for invalidation of a passport.

1. Change by the passport owner in the established manner of the last name, first name, patronymic, information about the date and/or place of birth, change of gender. This point of the law causes the most worries and doubts. Will they let you in or not? Will they let you out of Russia or not? I get hundreds of questions like this every day. And the only recommendation in response is to get your documents in order. And the main focus is not that you may not be allowed into Russia. No, you will be allowed into Russia. Your right to return to Russia is protected by Article 27 of the Constitution of Russia: a citizen of the Russian Federation has the right to freely return to the Russian Federation. No one will stop you upon entry. Problems, if they arise, will be upon leaving the country, because leaving Russia can be restricted on any legal basis. And believe me, getting your documents in order while in Russia without the ability to leave will be much sadder for you than doing it in advance while in America. Although the first option is probably cheaper. But here everyone sets their own priorities.

This also includes the presence of false information in the passport.

The following points cause less stress and anxiety, but you should also know about them. Some of them are obvious, others are not, and there are reasons completely hidden from the unprofessional eye. So:

2. Expiry of the passport. Many citizens do not realize that the expiration of a foreign passport means that they no longer have a passport. Even if it is neatly stored in a drawer with documents, it is no longer a document certifying the identity and citizenship of its owner. The absence of a valid identity document is a direct reason for conducting checks to establish the person's citizenship. An unpleasant and lengthy procedure, which can be avoided in only one way - keep the documents in order.

What to do if you accidentally missed the deadline specified in your passport? If a citizen has a valid internal passport along with a foreign passport, then there is no problem: the internal passport perfectly verifies identity, and if you have it, you will be issued a foreign passport without any personal delays. But here you should also remember that the internal passport is subject to replacement by age - at 20 and at 45 years. After reaching 45 years of age, the passport becomes valid indefinitely, unless you have the misfortune to change your last name, but more on that later.

But what if you don't have a passport? You need to apply for citizenship verification. And if you need to fly to Russia urgently? Get a certificate of return. How get a certificate of return? You must appear at the consulate with two witnesses who are citizens of the Russian Federation.

On the subject: Why an expert in Russian law is so necessary in the USA: the story of Karina Duval

3. Death of a citizen-passport holder. This point raises questions. Every now and then I am approached with a request to make a notarized copy of the passport of a deceased citizen. It is impossible and illegal. The passport died together with the citizen. Even if it remained in the hands of relatives.

4. Renunciation of citizenship of the Russian Federation. This is a trendy trend these days, but not everyone fully understands the consequences. Lack of citizenship means lack of a passport. Even if you have not surrendered it, you cannot use the passport after you renounce citizenship. This passport is invalid.

5. Cancellation of the decision to acquire citizenship of the Russian Federation. It happens. No citizenship – no passport.

6. Establishing, based on the results of the check, the fact that the passport holder does not have Russian citizenship. Many innocent people have been caught in the crossfire here. The root of the problem is that already in the distant past, the Ministry of Internal Affairs issued passports to anyone who wanted them without checks or confirmations. The result is thousands of invalid passports and problems for their owners. Today, the issue has almost lost its relevance, but sometimes there are cases of erroneous issuance of a Russian citizen's passport and, accordingly, its cancellation.

7. Establishing, based on the results of the check, the fact that a passport was issued on the basis of forged/invalid documents or false information, or on a forged form. Here, all those who like to apply for passports through intermediaries should keep their ears open. People, be vigilant! Applying for a passport is an exclusively state service. By turning to intermediaries, you assume all the risks of negative consequences. Perhaps you will be lucky. Or perhaps not. Perhaps you will be half lucky - you will be able to enter Russia, but on the way out you will be stopped and your passport will be confiscated. As the great Oscar Wilde said, "To seek small advantages at the cost of great danger is like fishing with a golden hook: let the hook fall off, and no catch will compensate for the loss."

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8. Loss of passport. Perhaps the simplest and most understandable point, requiring no explanation.

There are other reasons and grounds. If you did not find your situation in the list of reasons described in this article, please contact us for individual consultation. Our New York office.

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