8 C.F.R. § 341.5

Decision

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(a) Adjudication. USCIS may adjudicate the application only after the appropriate approving official has reviewed the report, findings, recommendation, and endorsement of the USCIS officer assigned to adjudicate the application.

(b) Approval. If the application is granted, USCIS will prepare a certificate of citizenship and, unless the claimant is unable by reason of mental incapacity or young age to understand the meaning of the oath, he or she must take and subscribe to the oath of renunciation and allegiance prescribed by 8 CFR 337 before USCIS within the United States. Except as provided in paragraph (c), delivery of the certificate in accordance with 8 CFR 103.2(b)(19) and 8 CFR 103.8 must be made in the United States to the claimant or the acting parent or guardian.

(c) Approval pursuant to section 322(d) of the Act. Persons eligible for naturalization pursuant to section 322(d) of the Act may subscribe to the oath of renunciation and allegiance and may be issued a certificate of citizenship outside of the United States, in accordance with 8 U.S.C. 1443a.

(d) Denial. If USCIS denies the application, the applicant will be furnished the reasons for denial and advised of the right to appeal in accordance with 8 CFR 103.3.

(e) Subsequent application. After an application for a certificate of citizenship has been denied and the time for appeal has expired, USCIS will reject a subsequent application submitted by the same individual and the applicant will be instructed to submit a motion to reopen or reconsider in accordance with 8 CFR 103.5. The motion must be accompanied by the rejected application and the fee specified in 8 CFR 106.2.

[76 FR 53804, Aug. 29, 2011, as amended at 85 FR 46929, Aug. 3, 2020]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2013–2025 · leading case: Miguel Mendoza-Tarango v. Simona Flores, 982 F.3d 395 (5th Cir. 2020).

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Miguel Mendoza-Tarango v. Simona Flores, 982 F.3d 395 (5th Cir. 2020). · cites it 3× “§ 1452 (a); 8 C.F.R. § 341.5 . 3 Case: 19-10588 Document: 00515666229 Page: 4 Date Filed: 12/08/2020 No.”

Anees v. Napolitano, 972 F. Supp. 2d 140 (D. Mass. 2013). “” 8 C.F.R. § 341.5 (e). Although a motion to reopen or reconsider must usually be filed within thirty days, “immigration authorities may excuse, in their discretion, an untimely motion to reopen ‘where it is demonstrated that the delay was reasonable and was beyond the control…”

Sarabia v. Noem (5th Cir. 2025). · cites it 3× “8 C.F.R. § 341.5 , entitled “Decision,” requires that applicants be furnished with reasons for denial and advised of their right to appeal.”

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