UNCLASSIFIED (U)

8 FAM 301.8

Acquisition of U.S. Citizenship by Naturalization

(CT:CITZ-1; 06-27-2018)
(Office of Origin: CA/PPT/S/A)

8 FAM 301.8-1 Introduction

(CT:CITZ-1; 06-27-2018)

a. This subchapter incorporates changes made in the newly published revised visa regulations, 22 CFR Parts 41 and 42, published at Federal Register Volume 73, No. 55, pages 14926-14934 (Public Notice: 6135), Visas: Documentation of Immigrants and Nonimmigrants --Visa Classification Symbols listed are for children residing habitually in Hague Adoption Convention countries who have been or will be adopted by U.S. citizens who are habitually residents in the United States (IH3, IH4). (See 8 FAM 301.9 regarding U.S. Visa Immediate Relative Categories.)

b. 8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as the conferring of nationality of a state upon a person after birth by any means whatsoever. For the purposes of this subchapter naturalization includes:

(1) Naturalization of an individual adult;

(2) Derivative naturalization acquired through the naturalization of another (spouses and children);

(3) Collective naturalization, the naturalization of large groups of non-citizens that has occasionally taken place through legislative enactments following the acquisition of new territory or other historical event;

(4) Expeditious naturalization; and

(5) Automatic acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.

c. The Family Liaison Office (FLO) has information about naturalization and Foreign Service families.

Family Liaison Office (FLO) FLO Naturalization Intranet Page

d. Public inquiries about the naturalization process should be directed to the U.S. Citizenship and Immigration Service (USCIS).

See USCIS Guide to Naturalization USCIS Guide to Naturalization for Military Personnel Oath of Allegiance for Naturalized Citizens (8 U.S.C. 1448, INA 337; 8 CFR 1337)

8 FAM 301.8-2 AUTHORITIES for naturalization

(CT:CITZ-1; 06-27-2018)

a. On March 1, 2003, service and benefit functions of the U.S. Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) as the USCIS. (See the Homeland Security Act of 2002 (Public Law 107296) and the Consolidated Appropriations Resolution of 2003 (117 Statutes at Large 11), (Public Law 108-7).)

b. INA 310 through INA 339, as amended, (8 U.S.C. 1422 - 8 U.S.C. 1450) provide the current statutory provisions governing naturalization.

c. Sections 301 through 347 of the Nationality Act of 1940 (54 Statutes at Large 1140-1168) set forth the requirements and procedures relating to naturalization which became effective on January 13, 1941.

See the Consular Affairs Intranet (CA Web) Citizens Services Legal or Regulatory Documents for links to the Nationality Act of 1940.

8 FAM 301.8-3 record of naturalization

(CT:CITZ-1; 06-27-2018)

a. Evidence of Citizenship: An adult naturalized as a U.S. citizen in his/her own right must submit with their passport application:

(1) A Naturalization Certificate (8 CFR 338) bearing the seal of the issuing office; or

(2) If adult naturalized citizen is not a first-time passport applicant, he/she may submit a previous U.S. passport as proof of U.S. citizenship.

NOTE: Once naturalized, a naturalized citizen has the same rights and privileges as any other citizen. Passports issued to naturalized citizens are identical to passports issued to natural born citizens.

b. Certificates of Naturalization presented to passport specialists and consular officers may be issued by:

(1) USCIS;

(2) A court in the United States;

(3) INS; or

(4) The predecessor agency to the INS, the Department of Labor and Commerces Bureau of Immigration and Naturalization (Act of 1906, 34 Statutes at Large 596).

c. Replacing lost naturalization certificates: Persons who have lost their naturalization certificates should be advised to apply to the USCIS for replacement certificates. If the person has previously been issued a U.S. passport, the passport should be presented as proof of citizenship. If the passport has been lost or stolen, follow the procedures in 8 FAM 902.3.

See How Do I Replace My Certificate of Citizenship or Naturalization How Do I Obtain Certified True Copies of My Certificate of Naturalization

d. By law (8 U.S.C. 1443(e)), Certificates of Naturalization are proof of United States citizenship. Consequently, we are bound by law to accept them as proof of citizenship and cannot look behind the certificate. (See also 41 Opinion Attorney General 452 (1960) and 8 FAM 804.1.

e. What to do if there are indications of possible fraud regarding a naturalization certificate?:

(1) Consular officers abroad (or post fraud prevention managers) can request Image Retrieval and Storage System (ISRS) images from the Forensic Document Laboratory (FDL) by telephone (703-285-2482), fax (703-285-2208) or e-mail (irt.fdl@dhs.gov);

(2) Requests to the FDL should contain the following information: alien registration number; name and date and place of birth of the alien; name, post, e-mail address, fax and telephone number of the requesting consular officer; and the reason for the request. Posts should also consult their counterparts in CA/FPP (Consular Affairs, Office of Fraud Prevention Programs);

NOTE: Any request to USCIS or FDL regarding a naturalization certificate (or certificate of citizenship) should include the alien registration number and the certificate number of the subject; this is the way the records are maintained.

(3) Passport specialists at domestic passport agencies and centers should consult their fraud prevention managers regarding questions concerning the validity of a naturalization certificate; and

(4) If a post or passport agency believes that a certificate of naturalization was issued fraudulently, the person remains eligible for a U.S. passport until the naturalization certificate is revoked. (See 22 U.S.C. 2705.) Questions about this should be directed to CA/PPT/L/LA at AskPPTLegal@state.gov.

f. Certificates of citizenship are issued for three categories of persons:

(1) Persons born abroad who did not acquire U.S. citizenship at birth, but have a claim to automatic U.S. citizenship after birth under INA 320 or INA 322;

(2) INA 341 provides that persons in the United States who claim citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband can apply for a certificate of citizenship from the U.S. Citizenship and Immigration Service. Such persons are not required to obtain a Certificate of Citizenship before applying for a U.S. passport. Although the text of INA 341 is as described above, the INA no longer provides for a wife to derive citizenship automatically through the naturalization or citizenship of her husband. The former statute that provided for derivative citizenship for an alien wife upon marriage, or upon naturalization of the husband was repealed in 1922, 42. Stat. 1012, chap. 411 s.2 ("That any woman who marries a citizen of the United States after the passage of this act, or any woman whose husband is naturalized after the passage of this act, shall not become a citizen of the United States by reason of such marriage or naturalization ."); and

(3) U.S. citizens born abroad who derivatively acquired U.S. citizenship at birth under INA 301 or INA 309. These are the same persons who are eligible for a form FS-240, Consular Report of a Birth Abroad of a Citizen of the United States of America. The only difference is that one generally must apply for a form FS-240 prior to the age of 18 (see 7 FAM 1440) whereas, like a passport, one may apply for a Certificate of Citizenship at any time (these are not naturalization cases).

g. Proof of claim to citizenship acquired by automatic naturalization:

(1) Persons claiming citizenship by automatic naturalization must establish that they met all of the conditions specified by the pertinent law within the time limits set by the law;

(2) Persons claiming citizenship by collective naturalization must show that they were in a certain place at a certain time and/or were members of the group that the law in question was designed to benefit; and

(3) Children claiming citizenship through their parents naturalization must establish that:

(a) Their alien parent(s) were naturalized; and

(b) They were legally admitted to the United States as Lawful Permanent Residents (LPR), as defined in 8 U.S.C. 1101(a)(20) (INA 101(a)(20)) and 8 CFR 1.2, either before or subsequent to the naturalization while they were still under the age specified by the law then in effect.

NOTE: Such children were not issued their own certificates of naturalization.

8 FAM 301.8-4 Expeditious Naturalization

(CT:CITZ-1; 06-27-2018)

a. INA 319, INA 322, INA 324, INA 327, and INA 328 provide that certain categories of aliens may be naturalized without meeting the normal residence and physical-presence requirements for naturalization. From time to time, posts receive inquiries about expeditious naturalization from persons who wish to be naturalized during a visit to the United States. Most such inquiries relate to the spouses or children of U.S. citizens employed abroad by the U.S. Government or American business firms.

b. INA 319(b) permits spouses of U.S citizens engaged in certain employment abroad to be naturalized after meeting all requirements for naturalization except those relating to physical presence and residence in the United States and after declaring an intention to take up residence in the United States upon the termination of the American spouses employment.

c. Persons who may be eligible for expeditious naturalization should contact the office of the USCIS that has jurisdiction over the proposed place of naturalization.

See USCIS USCIS Where Do I Send My Application USCIS Field Office Locator USCIS Overseas Office Locator

8 FAM 301.8-5 Naturalization and Military Service

(CT:CITZ-1; 06-27-2018)

a. The INA provides special programs for naturalization of veterans.

For additional information see USIS Naturalization Information for Military Personnel

b. The CA Internet (CA Web) Citizens Services feature includes selected historical reference material regarding specialized naturalization programs for veterans.

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