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Code of Federal Regulations Title 8. Aliens and Nationality § 8.301.1 Procedures

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Application.

(1) As provided in 8 CFR part 341, a person residing in the United States who desires to be documented as a United States citizen pursuant to section 301(h) of the Act may apply for a passport at a United States passport agency or may submit an application on the form specified by USCIS in accordance with the form instructions and with the fee prescribed by 8 CFR 106.2. The applicant will be notified when and where to appear before a USCIS officer for examination on his or her application.

(2) A person residing outside of the United States who desires to be documented as a United States citizen under section 301(h) of the Act shall make his or her claim at a United States embassy or consulate, in accordance with such regulations as may be prescribed in the Secretary of State.

(b) Oath of allegiance;  issuance of certificate. Upon determination by the district director that a person is a United States citizen pursuant to section 301(h) of the Act, the person shall take the oath of allegiance, prescribed in 8 CFR part 337, before an officer of the Service designated to administer the oath of allegiance within the United States, and a certificate of citizenship shall be issued. The person shall be considered a United States citizen as of the date of his or her birth.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 8. Aliens and Nationality § 8.301.1 Procedures - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-8-aliens-and-nationality/cfr-sect-8-301-1/

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