8 C.F.R. § 301.1

Procedures

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(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.

[62 FR 39927, July 25, 1997, as amended at 74 FR 26940, June 5, 2009; 76 FR 53797, Aug. 29, 2011; 85 FR 46928, Aug. 3, 2020]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1950–2025 · leading case: Lord v. Chertoff, 526 F. Supp. 2d 435 (S.D.N.Y. 2007).

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Lord v. Chertoff, 526 F. Supp. 2d 435 (S.D.N.Y. 2007). “On or about March 25, 2004, Lord filed the Naturalization Application on the basis that she had been a lawful permanent resident of the United States for more than five years and she was otherwise eligible for naturalization pursuant to 8 C.F.R. § 301.1 et seq. and 8 U.S.C. §…”

Guessefeldt v. McGrath, 89 F. Supp. 344 (D.D.C. 1950). “) 8 C.F.R. 301.1. The legislative purpose of Section 39 manifestly was to exclude all citizens and subjects of Germany or Japan from recovering property vested in or transferred to the Government after December 17, 1941, in accordance with the provisions of the Act.”

Rubio (E.D. Mo. 2025). “, 8 C.F.R. § 301.1. A person who is denied the rights or privileges of a national may seek a “judgment declaring him to be a national of the United States” under certain circumstances.”

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