7 FAM 1100 Appendix H
MISCELLANEOUS CITIZENSHIP AND NATIONALITY RELATED
CERTIFICATES AND OTHER DOCUMENTS
(CT:CON-814; 06-20-2018)
(Office of Origin: CA/OCS)
7 FAM 1110 Appendix H SUMMARY
(CT:CON-814; 06-20-2018)
a. At one time the Bureau of Consular Affairs (CA) and U.S.
embassies and consulates abroad issued certain citizenship related documents in
addition to passports and Consular Reports of Birth Abroad of a Citizen of the United States of America. Issuance of these documents was covered by prior existing
statutes and regulations. Most have fallen into disuse with the passage of
time and changes in regulations. However, they still may be encountered in
adjudicative situations. This replaces old 7 FAM 1400 Appendix F (TL-CON-50
09-07-1990).
b. The documents include:
(1) Certificates and Cards of Identity and
Registration;
(2) Certificates of Non-Citizen National Status;
(3) Certificates of Nationality; and
(4) Certificates of Identity for Travel to the United States to Apply for Admission.
c. None of these U.S. Department of State documents is
equivalent to Certificates of Citizenship issued by the Attorney General or by
a court having naturalization jurisdiction and Certificates of Naturalization
issued by the U.S. Immigration and Citizenship Service (USCIS). They do not
constitute proof of U.S. citizenship under 22 U.S.C. 2705.
d. The U.S. Immigration and Naturalization Service
(INS) issued Form I-197, United States Citizen Identification Cards and Form
I-179, Identification Card for Use of Resident Citizen in the United States
until the early 1980s. USCIS no longer issues the cards, and any person
seeking such documentation should be advised that he or she may apply for a U.S. passport instead through normal passport issuing procedures. Although these cards are
no longer issued, those that were issued are still recognized by USCIS and U.S.
Customs and Border Protection (CBP) as evidence of citizenship under 8 CFR
235.10 for limited purposes. Possession of either document does not constitute
proof of U.S. citizenship under 22 U.S.C. 2705, and they are not acceptable as
proof of U.S. citizenship. It is secondary evidence. A person applying for a
passport presenting such a document should be advised to present the primary
evidence of citizenship.
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NOTE:
Exemplars for the Form I-197 and Form I-179 are
available in the USCIS publication M-274 Handbook for Employers.
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e. Questions:
(1) If posts abroad receive such a document and have
any question about it, you should immediately contact your CA/OCS/L at
Ask-OCS-L@state.gov.
(2) Domestic passport agencies and centers should
contact CA/PPT/L/LA at AskPPTAdjudication@state.gov.
7 FAM 1120 Appendix H certificates and
cardS of identity and registration
(CT:CON-430; 01-04-2013)
a. U.S. citizens resident abroad were first asked to
register each year with the U.S. embassy or consulate in whose district they
reside in 1880, but the practice became more uniform after the publication of
President Theodore Roosevelts Executive Order of April 8, 1907, implementing
the Act of March 2, 1907 regarding expatriation and protection of nationals,
and consular instructions which called for the issuance of a Certificate of
Identity and Registration.
b. The form of the certificate of identity registration
evolved over time. Ultimately, the following documents were issued:
(1) Form FS-225, The Certificate of Identity and
Registration was established in 1907 as a form of identity for U.S. citizens
residing abroad. It could include family members and a group photo. Form
FS-225 was discontinued on September 1, 1971;
(2) Form FS-225-B, The Card of Identification for Use
on the Mexican Border was added on October 23, 1943 as a wartime measure
required by Departmental Order 1207 for the purpose of crossing the border from
Mexico. Form FS-225-B was discontinued July 17, 1961.
(3) Form FS-225-A, The Card of Identity and
Registration was adopted June 1, 1943 to provide identification for one
person. CA stopped issuance of Form FS-225-A in 1991, except in certain
situations and then only with authorization by CA. The cards were also issued
to U.S. nationals who did not have valid passports who were being deported back
to the United States, as well as to returning nationals whose passports had
been withdrawn or denied under 22 CFR 50, 22 CFR 51, or 22 CFR 53. This
included persons returning as the result of an agreed upon prisoner transfer.
The cards were also approved for issuance to nationals involved in a common
disaster abroad who were not or could not be immediately documented. Issuance
of these cards is presently covered by 22 CFR 50.9. This section will be
removed in upcoming CFR revisions. Form FS-225-A Card of Identity and
Registration was totally abolished in 2003.
c. The abolition of Form FS-225-A coincided with the
introduction of the Smart Traveler Enrollment Program (STEP) (see 7 FAM 040) and
with the introduction of the Overseas Passport Issuance Program (see 7 FAM 1360).
Form FS-558, Passport and Nationality Registration Cards formerly used by posts
to record local registration of U.S. citizens abroad was also eliminated
following the worldwide introduction of the American Citizen Services (ACS)
case tracking system and STEP. For U.S. citizens without Internet access,
posts continue to use form DS-4024, the fillable paper version of STEP.
d. Form DS-11, Application for a U.S. Passport was
formerly used for both passport application and registration applications.
However, Form DS-11 was amended to remove registration as an option.
Therefore, registration is no longer considered to be a means of citizenship
adjudication. Likewise, self registration via the STEP program is also not a
means of citizenship adjudication. Currently citizenship can only be
adjudicated through an application for a passport of any type or a Form DS-2029,
Application for Consular Report of Birth Abroad of a Citizen of the United
States of America.
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See CA Intranet
Exemplar Form FS-225
Exemplar Form FS-225-A
Exemplar Form FS-225-B
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e. The STEP registration system is now used for the
purpose of emergency evacuation planning and to enable our embassies and
consulates to contact our registered citizens in these emergencies.
f. In very limited circumstances, issuance of passport
waivers and travel letters can still be issued. Guidance regarding these
documents is provided in 7 FAM 1300 Appendix N.
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See the Consular Intranet for
historical instructions to consuls relating to the registration
function
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7 FAM 1130 APPENDIX H CERTIFICATE OF
U.S. NON-CITIZEN NATIONAL STATUS
(CT:CON-677; 08-24-2016)
a. Certificates of Non-Citizen National are authorized
pursuant to INA 341(b) (8 U.S.C. 1452(b)). Such certificates were issued only
to persons who are nationals but not citizens of the United States, generally
persons born in American Samoa or on Swains Island. These certificates are no
longer issued. Instead, a U.S. passport containing a specific endorsement
stating that the bearer is a U.S. non-citizen national, not a U.S.
citizen is issued to these persons. Children born abroad to U.S. Non-Citizen
Nationals who acquire U.S. Non-Citizen National status are also eligible for a
Consular Report of Birth, coded to print U.S. Non-Citizen National rather than
U.S. citizen. See 7 FAM 1440.
b. Adjudication of claims of U.S. Non-Citizen National
status requires:
(1) Presentation of satisfactory proof that the
applicant is a national, but not a citizen of the United States; or
(2) Taking and subscribing to an oath of allegiance in
the United States or its outlying possessions before an immigration officer
when petitioning for naturalization. (An outlying possession is defined in INA
101(a)(29) (8 U.S.C. 1101(a)(29)) as American Samoa and Swains Island
only).
(3) 7 FAM 1125 and
1140 give detailed guidance about documenting a non-citizen national who was
born abroad to a non-citizen national parent. The oath referred to above is
also found there.
c. Documentation Issued to Non-Citizen Nationals: A
passport containing the following endorsement is issued to non-citizen
nationals. (For all endorsement codes see 7 FAM 1300 Appendix B.) The
endorsement is Code 09 and states:
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THE BEARER IS A UNITED STATES NATIONAL AND NOT A
UNITED STATES CITIZEN.
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d. General Correspondence: Several offices in the
Department, including CA/OCS/L, CA/PPT/LA/L and L/CA receive many requests for
certificates of non-citizen national status. They come from prisoners, tax
protesters and other persons who for one reason or other have decided they do
not owe allegiance to the United States. Such persons are not eligible for
this status and cannot be issued passports with the above endorsement.
e. Questions:
(1) If posts have specific questions as a result of
receiving such correspondence CA/OCS/L (ASK-OCS-L@state.gov) should be
contacted.
(2) Agencies should contact CA/PPT/L/LA at ASKPPTAdjudication@state.gov.
7 FAM 1140 APPENDIX H CERTIFICATES OF
NATIONALITY
(CT:CON-677; 08-24-2016)
a. Authority to issue these certificates is provided by
INA 359 (8 U.S.C. 1502) and 22 CFR 50.10(a). They were required from time to
time by judicial or administrative bodies in the former Soviet Union and the
Eastern Bloc countries when U.S. citizens by birth (not naturalized) tried to
make property and other claims before and after World War II. They were
prepared in CA in the form of a diplomatic note to which a photograph of the
individual was attached. The note provided information regarding the
individuals passport. They were not given to the person but transmitted
directly via diplomatic channels to the authority in the foreign jurisdiction which
had made the request. CA has not received a request for such certificates
since the 1980s. The legal authority to issue these documents has never been
repealed.
b. Questions:
(1) If posts abroad receive such a document and have
any question about it, you should immediately contact CA/OCS/L at
ASK-OCS-L@state.gov.
(2) Domestic passport agencies and centers should
contact CA/PPT/L/LA at CA/PPT/ASKPPTAdjudication@state.gov.
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See
Department Order 910 Issue of Certificates of American
Nationality (January 2, 1941)
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7 FAM 1150 APPENDIX H Documentation of
identity for travel to the United States to apply for admission
(CT:CON-677; 08-24-2016)
a. 7 FAM 1100 provides guidance about adjudication of a
citizenship claim.
b. When a determination is made that an applicant for a
U.S. passport or Consular Report of Birth Abroad of a Citizen of the United
States of America did not acquire U.S. citizenship, the applicant is provided
with a written notification that the citizenship claim has not been satisfactorily
established and the persons name is entered in the Consular Lookout and
Support System (CLASS) with a reason code N lookout reflecting the finding of
no claim to U.S. citizenship. (See 7 FAM 1330 and
7 FAM 1300 Appendix A.) 7 FAM 1100 Appendix H Exhibit 1 and 7 FAM 1100 Appendix H Exhibit 2 provides sample language to be used regarding
this matter.
c. A person for whom a finding of non-acquisition of
U.S. citizenship has been made by the Department of State may not request an
administrative hearing from CA/PPT/L to review the basis for the denial in
accordance with 7
FAM 1386.2. Non-citizenship is not a basis for such a hearing under 22 CFR
51.70.
d. The person has three other possible avenues of
recourse:
(1) He or she may apply again for a U.S.
passport or Consular Report of Birth Abroad of a Citizen of the United States of America, submitting new evidence not previously considered if available;
(2) He or she may file a legal action in Federal court
in the United States; or
(3) He or she may be eligible to apply to the U.S. embassy or consulate for Documentation of Identity for Travel to The United States to
Apply for Admission pursuant to 8 U.S.C. 1503(b). This will be issued
primarily in cases involving controversial questions of law. If these
circumstances prevail, the Department will authorize issuance of the document
thus giving the applicant the option of pursuing their case in court in the United States.
e. How Does a Person Apply? An application for a
Certificate of Identity for the Purpose of Traveling to a Port of Entry in the
United States and Applying for Admission consists of an affidavit executed by
the applicant pursuant to 8 U.S.C. 1503(b) and 22 CFR 50.11 (currently under
revision), in accordance with procedures provided in 7 FAM 1150
Appendix D paragraph i.
f. Approval, Denial, and Appeal: 8 U.S.C. 1503(b)
provides that the diplomatic or consular officer must be satisfied that such
application is made in good faith and has a substantial basis. The statute
also provides that if an application for such certificate is denied, the
applicant shall be entitled to an appeal to the Secretary of State, who, if
he/she approves the denial, shall state in writing the reasons for the
decision.
g. Who is Eligible to Apply for A Certificate of
Identity for the Purpose of Traveling to a Port of Entry in the United States
and Applying for Admission: 8 U.S.C. 1503(b) states that its provisions shall
be applicable only to:
(1) A person who at some time prior to his application
for the certificate of identity has been physically present in the United States, or
(2) To a person under sixteen years of age who was
born abroad of a United States citizen parent.
h. How Does the Person Apply for Admission: 8 U.S.C.
1503(c) provides that a person who has been issued a certificate of identity
under the provisions of subsection (b), and while in possession thereof, may
apply for admission to the United States at any port of entry, and shall be
subject to all the provisions of this Act relating to the conduct of
proceedings involving aliens seeking admission to the United States.
i. Who Determines If the Person Is Eligible for
Admission to the United States: 8 U.S.C. 1503 provides that a final
determination by the Attorney General that any such person is not entitled to
admission to the United States shall be subject to review by any court of
competent jurisdiction in habeas corpus.
j. Adjudication of an Application for a Certificate of
Identity for the Purpose of Traveling to a Port of Entry in the United States and Applying for Admission:
(1) These documents should never be issued without
guidance from the Office of Legal Affairs, Directorate of Overseas Citizens
Services, Bureau of Consular Affairs (CA/OCS/L).
(2) Consular officers who decide such a certificate
may be issued must advise CA/OCS/L at least 60 days in advance to give time for
proper consideration.
(3) With concurrence of CA/OCS/L, the person appears
before a consular officer at any embassy or consulate to apply. The affidavit
must include:
(a) Full and true name of the applicant
(b) Period(s) and place(s) of residence outside the United States
(c) That the applicant has been physically present in
the United States or that he/she is under the age of sixteen and was born
abroad to a citizen parent.
(d) The applicant claims to be a national of the United States, the basis for that claim, and supporting evidence.
(e) The claim is made in good faith and on a substantial
basis.
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Good faith and substantial basis clarified
Good Faith: The applicant must demonstrate to the
consular officer to have an honest belief that he/she is a national of the
United States. Consular officers have to consider whether good faith is
demonstrated on a case by case basis in light of the circumstances and
evidence presented and when the consular officer is satisfied to the fact the
individual is who he/she claims to be. Good faith would not be considered
present when we know the persons expatriated themselves in one means of
another or when false information or evidence has been submitted.
Substantial Basis: A substantial basis of a claim is
one where the diplomatic or consular officer is satisfied that the claim is
sufficient to merit adjudication by the courts of the United States and
merits determination by the Attorney General for the request for admission to
the United States for this purpose. Also, when the applicant genuinely
believes his/her case raises controversial questions that require
clarification before the courts in the United States. A substantial basis
does not exist if a court in the United States has already ruled that the
applicant is not a U.S. national.
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(4) To issue such a document is it necessary that the
consular officer is satisfied with the following:
(a) The applicant is claiming a right or privilege as a
national of the United States;
(b) That this right or privilege had been denied the
applicant by a United States department, agency or official on the ground they
are not a national;
(c) The place and date of the denial;
(d) The applicant wishes to travel to a port of entry in
the United States to apply for admission. (Travel plans should be provided to
CA/OCS/L so the Department of Homeland Security (DHS), USCIS and U.S. Customs
and Border Protection (CBP) can be notified in advance);
(e) The applicant understands that by applying for
admission they are subject to all the provisions of the INA relating to aliens
seeking admission to the United States; and
(f) The applicant was truthful in all respects as to
the facts presented and has no additional evidence to submit.
(5) If possible and practicable, the consular officer,
working with the Fraud Prevention Office at post analyze the facts asserted in
the case to attempt to determine their veracity.
(6) New or Additional Evidence: If new evidence is
presented by the applicant that casts doubt on the original finding that the
applicant was not a citizen, CA/OCS/L should be immediately contacted and
provided with the additional evidence. CA/OCS/L will consider the additional
evidence and advise post of their findings. No further action should be taken
on the case in the meantime.
(7) Endangerment of Public Safety: If the consular
officer believes that the presence of the applicant in the United
States could lead to endangerment of public safety CA/OCS/L and the Regional
Security Officer (RSO) should be consulted.
k. Issuance of Certificates of Identity:
(1) Form FS-343-a, Certificate of Identity Issued
under Section 360(b) of the INA should be used;
(2) The applicant should sign and swear (or affirm) to
the document before the diplomatic or consular officer;
(3) Two identical photographs taken within thirty days
prior the application should be attached;
(4) The applicants fingerprints should be taken and
attached;
(5) The applicant must possess a valid foreign
passport and valid U.S. visa. If not qualified for a visa humanitarian parole
may be requested;
(6) Four copies of the original should be made and
marked copy;
(7) The original should be given to the applicant;
(8) One copy should be retained at post;
(9) One copy should be sent to the District Director
of U.S. CIS and the Officer in Charge of CPB at the port of arrival by fax or
email;
(10) One copy should be sent to CA/OCS/L (an advance
copy should be provided by email (ASK-OCS-L@state.gov) or fax to facilitate
CA/OCS/Ls coordination with USCIS and CBP; and
(11) A duplicate original bearing the posts seal
should be transmitted to CA/OCS/L at the following address:
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Mailing Address:
Overseas Citizens Services
CA/OCS/L
U.S. Department of State
SA-29, 4th Floor
2201 C Street, N.W.
Washington, DC 20520
Street/FedEx/UPS/DHL Address:
Overseas Citizens Services
CA/OCS/L
U.S. Department of State
2100 Pennsylvania Avenue, N.W.
Washington, DC 20037
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l. Period of Validity: The document may only be
issued after the approval has been granted to issue and the applicant has made
specific, confirmed travel plans. The certificate should be annotated to
expire two months from the date of issuance. If extension is required it will
be done by USCIS. Once permission has been granted for issuance, CA/OCS/L will
notify the appropriate USCIS, CPB and DHS authorities.
m. Denial:
(1) If a Certificate of Identity is denied the factual
or legal grounds must be noted on the document and any copies.
(2) Post should retain the original application.
(3) One copy should be returned to the applicant.
(4) Two copies should be returned to CA/OCS/L together
with all evidence submitted by the applicant.
n. Appeal by Applicant: When issuance of a certificate
of identity has been denied the applicant may appeal. The appeal should be:
(1) A written statement addressed the Secretary of
State;
(2) Set forth the facts and grounds upon which United
States nationality is claimed;
(3) Give reasons why the applicant considers the
denial of the application was not justified; and
(4) The statement should be executed and submitted to
the diplomatic or consular office which made the denial. If the statement
contains facts that were not set out in the original application it should
sworn (or affirmed) before the diplomatic or consular officer. The diplomatic
or consular officer must submit an advisory opinion to CA/OCS/L for
consideration. The applicants statement should accompany the consular officer
opinion. Alternately, an attorney in the United States, acting on behalf of
the applicant may appeal directly to the Secretary of State. The appeal should
contain the same information and be directed to CA/OCS/L (ASK-OCS-L@state.gov).
o. Certificate of Identity Obtained by Fraud or Other
Illegality: Whenever a diplomatic or consular officer learns that a
certificate of identity has been obtained by fraud or is in the possession of
someone other than the applicant, every attempt to obtain possession of the
document should be made. If it is secured it should be sent to the Bureau of
Consular Affairs Directorate of Fraud Prevention Programs (CA/FPP) together
with a report on the matter. If it is not possible to secure return of the
document a report should still be sent to CA/FPP. That office will confer with
Diplomatic Security (DS) about possible investigation.
7 FAM 1160 Appendix H through 1190
Appendix H Unassigned
7 FAM 1100 Appendix H Exhibit 1
Sample Denial Letter - No Claim to U.S. Citizenship
(CT:CON-677; 08-24-2016)
(Post Letterhead)
Date
Name
Address Line 1
Address Line 2 address
City, Country Postal Code
Dear (name of applicant)
I am writing in reference to your recent
application for a U.S. passport (and Consular Report of Birth of a U.S. Citizen
Abroad).
I regret to inform you that after careful review
of the evidence you submitted with your application, it has been determined
that your claim to U.S. citizenship has not been satisfactorily established.
Adjudication of your application revealed that (Select applicable reason):
Your U.S. citizen parent(s) lacked sufficient physical
presence in the United States or its outlying possessions prior to your birth
to transmit U.S. citizenship to you. (Insert applicable transmittal
requirement and citation to appropriate section of U.S. law).
Your U.S. citizen parent did not fulfill the requirements
of Section 309 of the Immigration and Nationality Act in order for a child born
out of wedlock to acquire U.S. citizenship.
There is insufficient evidence that you were born abroad
to a U.S. citizen parent. Evidence of your filiation to a U.S. citizen parent was not satisfactory. You may submit additional evidence, including
DNA evidence, to establish such filiation, following procedures on the U.S.
Department of State web page at http://travel.state.gov/content/passports/en/go/step
You may submit additional evidence to address these
issues. Your application for a U.S. passport (and Consular Report of Birth of
a U.S. Citizen Abroad) will be held in abeyance at the U.S. (Embassy/Consulate) for 90 days from the date of this letter. You may submit such
evidence to us at the following address:
U.S. Embassy/Consulate
Address line 1
Address line 2
City, Country Postal Code
If no additional evidence is received by that
date, your application will be considered abandoned and a finding of
non-acquisition of U.S. citizenship will be entered in our world-wide Consular
lookout system. This means that should you apply for documentation as a U.S. citizen at a future date, you will have to submit satisfactory evidence to overcome
the previous finding of non-acquisition of citizenship.
Should you have any additional questions, please
do not hesitate to contact us at (insert phone number and/or email for post).
Sincerely,
Signature of Consular Officer
Name of Consular Officer
Title of Consular Officer
7 FAM 1100 Appendix H Exhibit 2
Notification to Claimant Regarding Documentation of Identity For Travel to the
United States to Apply for Admission
(CT:CON-454; 04-15-2013)
(Post Letterhead)
Date
Name
Address Line 1
Address Line 2 address
City, Country Postal Code
Dear (name of applicant)
I am writing in reference to your letter of (date)
concerning the denial of your application for a U.S. passport (and Consular
Report of Birth of a U.S. Citizen Abroad) due to non-acquisition of
citizenship.
Your request for reconsideration of the
application based on additional evidence has been reviewed by this office and
by the U.S. Department of State, Directorate of Overseas Citizens Services,
Office of Policy Review and Inter-Agency Liaison. Unfortunately, we have
concluded that the evidence you submitted is insufficient to overcome the
initial finding of non-acquisition of U.S. citizenship.
While you are free to submit additional evidence
to the Office of Policy Review and Inter-Agency Liaison directly, or to execute
a new application for a U.S. passport (or Consular Report of Birth) at any U.S.
embassy or consulate, absent new evidence not previously submitted, the
Department of States determination stands.
There is no further administrative appeal of a
finding of non-acquisition of U.S. citizenship.
You may be eligible to apply to the U.S. embassy or
consulate for Documentation of Identity for Travel to The United States To
Apply For Admission pursuant to 8 U.S.C. 1503(b). 8 U.S.C. 1503(b) states
that its provisions shall be applicable only to
(1) a person who at some time prior to his application
for the certificate of identity has been physically present in the United States, or
(2) to a person under sixteen years of age who was
born abroad of a United States citizen parent.
Should you wish to pursue the matter, please
contact the U.S. Embassy/Consulate to arrange for an appointment for you to
complete the application process.
8 U.S.C. 1503(c) provides that a person who has
been issued a certificate of identity under the provisions of subsection (b),
and while in possession thereof, may apply for admission to the United States
at any port of entry, and shall be subject to all the provisions of this Act
relating to the conduct of proceedings involving aliens seeking admission to
the United States.
You may also wish to engage the advice of legal
counsel regarding this matter.
Should you have any additional questions, please
do not hesitate to contact us at (insert phone number and/or email for post).
Sincerely,
Signature of Consular Officer
Name of Consular Officer
Title of Consular Officer