[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR51.44]



[Page 246]

 

                       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 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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