SentenceCalc

Immigration Document or Passport Fraud (Own Use) Sentence Calculator

This page covers cases where a person got or used fake immigration papers or a passport for their own use. Federal sentences for immigration document or passport fraud (own use) are calculated under §2L2.2 of the Sentencing Guidelines, which starts at offense level 8 and adds levels for the facts of the case. At the starting level alone, someone with no criminal history points who pleads guilty scores 0–6 months under the guidelines.

Verified Checked against the manual text in at least five AI-assisted review rounds. Not yet reviewed by an attorney. Guidelines Manual effective November 1, 2025Updated October 4, 2026

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Starting level and typical ranges

These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.

Starting pointLevelTrialGuilty pleaPlea + zero-pointCategory IV, plea
Immigration document fraud for own use, the starting point80–6 months0–6 months0–6 months6–12 months

What changes the sentence

Each of these facts moves the offense level under §2L2.2. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.

FactEffectRule
Is the person in the U.S. unlawfully, and were they deported before this offense: Yes+2§2L2.2(b)(1)
Earlier felony convictions for immigration offenses: One+2§2L2.2(b)(2)
Earlier felony convictions for immigration offenses: Two or more, each from a separate prosecution+4§2L2.2(b)(2)
Did the person fraudulently get or use a passport: A foreign passport+2§2L2.2(b)(3)
Did the person fraudulently get or use a passport: A United States passport+4§2L2.2(b)(3)
Hid membership in, or authority over, a military, paramilitary or police organization that was involved in a serious human rights offense during that time+2, at least level 13§2L2.2(b)(4)
Hid the person's own participation in incitement to genocide+6§2L2.2(b)(4)
Hid the person's own participation in any other serious human rights offense+10, at least level 25§2L2.2(b)(4)

Important details

  • If a passport or visa was used to commit or attempt a felony other than an immigration crime, the attempt guideline (§2X1.1) is applied to that felony instead when it gives a higher level. In that situation, if someone died, the most similar homicide guideline applies when it is higher (§2L2.2(c)(1)).
  • Earlier immigration convictions counted here also count in the criminal record section.
  • An illegal reentry count from the same course of conduct is grouped with this count, not added on top (§2L2.2, note 5).
  • The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.

Frequently asked questions

What is the base offense level for immigration document or passport fraud (own use)?

The guideline for immigration document or passport fraud (own use) is §2L2.2 of the federal Sentencing Guidelines. Its starting level is 8, before any adjustments.

What is the guideline range for immigration document or passport fraud (own use) with no criminal history points and a guilty plea?

Using the starting level alone, a person with no criminal history points who pleads guilty scores 0–6 months, including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.

Is probation possible for immigration document or passport fraud (own use)?

The guidelines allow it at the starting level: with a guilty plea and the zero-point reduction the range begins at 0 months (Zone A), so prison is not required, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)). Added facts can raise the range out of Zone A.

Is the calculator accurate for immigration document or passport fraud (own use)?

It follows §2L2.2 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.