[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR51.44]

[Page 264-265]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 51--PASSPORTS--Table of Contents
 
         Subpart C--Evidence of U.S. Citizenship or Nationality
 
Sec. 51.44  Persons born abroad applying for a passport for the first time.

    (a) Naturalization in on right. A person naturalized in his or her 
own right as a U.S. citizen shall submit with his or her application his 
or her certificate of naturalization.
    (b) Derivative citizenship at birth. (1) An applicant who claims to 
have derived citizenship by virtue of his or her birth abroad to a U.S. 
citizen parent or parents may submit his or her won certificate of 
citizenship (Section 1993, Revised Statutes, as amended by Act of May 
24, 1934; section 201 of the Nationality Act of 1940; section 301 of the 
Immigration and Nationality Act of 1952).
    (2) In lieu of a certificate of citizenship, the applicant may 
submit evidence of his or her parent(s)' citizenship at the time of his 
or her birth, and evidence of his or her and his or her parent(s)' 
residence and physical presence in the United States. The passport 
issuing office may require the applicant to establish the marriage of 
his or her parents and/or grandparents and his or her relationship to 
them.
    (c) Derivative citizenship subsequent to birth. (1) An applicant who 
claims U.S. citizenship by virtue of the naturalization of his or her 
parent or parents subsequent to his or her birth may submit his or her 
own certificate of citizenship.
    (2) In lieu of a certificate of citizenship the applicant may submit 
the naturalization certificate of the parent or parents through whom he 
or she claims U.S. citizenship. In this case, he or she must also show 
that he or she resided in the United States during minority

[[Page 265]]

as required by the law under which he or she claims citizenship.
    (3) If an applicant claims citizenship through a mother who resumed 
citizenship or parent who was repatriated, he or she must submit 
evidence thereof. The applicant must establish also that he or she 
resided in the United States for the period prescribed by law.

(22 U.S.C. 2658 and 3926)

[31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984]

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