350
ed States by the government of a foreign country. The certificate shall be
submitted to the Secretary of State for submission to the proper authority
of the government of the foreign country.
(d) PHOTOGRAPHS.—An application to the Attorney General for a certifi-
cate of naturalization or a special certificate of naturalization shall include
3 identical photographs of the individual applying. One photograph shall be
attached to the certificate and the others to the copies of the certificate re-
tained by the Attorney General.
(e) SURRENDER OF FOUND CERTIFICATES.—A person coming into pos-
session of a certificate of naturalization that was lost shall surrender the
certificate to the Attorney General.
§ 20902. Certificates of citizenship
(a) APPLICATIONS.—An individual may apply to the Attorney General for
a certificate of citizenship if the individual claims to be a citizen of the
United States because of—
(1) the naturalization of a parent of the individual;
(2) the naturalization or citizenship of the individual’s husband;
(3) section 1993 of the Revised Statutes;
(4) the Act of May 7, 1934 (ch. 221, 48 Stat. 667);
(5) the Act of August 4, 1937 (ch. 563, 50 Stat. 558);
(6) section 201(c)–(e), (g), or (i), 203, or 205 of the Nationality Act
of 1940 (ch. 876, 54 Stat. 1138, 1139); or
(7) section 20102(a), 20104(a), or 20106 of this title.
(b) PHOTOGRAPHS.—An application under subsection (a) of this section
shall include 3 identical photographs of the individual applying. One photo-
graph shall be attached to the certificate and the others to the copies of
the certificate retained by the Attorney General.
(c) ISSUANCE.—The Attorney General shall issue a certificate of citizen-
ship to an individual if—
(1) the Attorney General is satisfied that the individual is a citizen
as claimed under subsection (a) of this section;
(2) the individual takes, and signs, in front of an immigration officer
the oath required for naturalization, unless waived under section
20509(c) of this title; and
(3) the individual is in the United States when the oath is taken and
the certificate is issued.
(d) REPLACEMENT CERTIFICATES.—The Attorney General shall issue a
new certificate of citizenship to a citizen applying to replace a certificate
that the Attorney General finds is lost, destroyed, or mutilated, and if muti-
lated, is surrendered to the Attorney General. A person coming into posses-
351
sion of a certificate that was lost shall surrender the certificate to the Attor-
ney General.
§ 20903. Certificates of nationality
(a) CERTIFICATES FOR USE IN FOREIGN COUNTRY PROCEEDINGS.—
Under regulations the Secretary of State prescribes, the Secretary may issue
a certificate of nationality for an individual if the Secretary is satisfied that
the individual is a national of the United States at birth and that the cer-
tificate is needed for an administrative or judicial proceeding of a foreign
country. The certificate is only for use in the proceeding for which it is is-
sued. The Secretary shall submit the certificate to the appropriate foreign
administrative or judicial officer.
(b) CERTIFICATES ISSUED TO INDIVIDUALS.—An individual claiming to
be a national, but not a citizen, of the United States may apply to the Sec-
retary of State for a certificate of non-citizen national status. The Secretary
shall issue the certificate if—
(1) the Secretary is satisfied that the individual is a national, but
not a citizen, of the United States;
(2) for an individual born outside the United States or American
Samoa, the individual takes, and signs, in front of an immigration offi-
cer in the United States or American Samoa, the oath required for nat-
uralization; and
(3) the individual is in the United States or American Samoa when
the certificate is issued.
§ 20904. Other documents to prove citizenship
The following documents have the same effect that a certificate of natu-
ralization or a certificate of citizenship has to prove that an individual is
a citizen of the United States:
(1) a passport issued by the Secretary of State to a citizen of the
United States during its period of validity if the period is the maximum
allowed by law.
(2) a ‘‘Report of Birth Abroad of a Citizen of the United States’’
issued by a consular officer to document a citizen born outside the
United States.
§ 20905. Cancellation of documents and records
(a) ATTORNEY GENERAL.—(1) The Attorney General may cancel a citi-
zenship or nationality document or record issued by the Attorney General
if satisfied that it was obtained fraudulently or unlawfully.
(2) The Attorney General shall send written notice of an intention to can-
cel the document or record, and the reason for the cancellation, to the indi-
vidual to whom the document or record was issued, at the individual’s last
352
known address. The Attorney General shall give the individual at least 60
days to show cause why the document or record should not be canceled.
(b) SECRETARY OF STATE.—(1) The Secretary of State may cancel a
United States passport or a ‘‘Report of Birth Abroad of a Citizen of the
United States’’ issued by a consular officer to document a citizen born out-
side the United States, or a certified copy, if it appears to have been ob-
tained fraudulently, unlawfully, or erroneously.
(2) The Secretary shall send written notice of the cancellation to the indi-
vidual to whom the document was issued, at the individual’s last known ad-
dress. The notice shall include notice of the procedure to seek a prompt
post-cancellation hearing.
(c) EFFECT OF CANCELLATION.—Cancellation of a document or record
showing the citizenship status of an individual under this section affects
only the record and not the citizenship status of the individual.
§ 20906. Certificates of loss of nationality
(a) CERTIFICATE BY DIPLOMATIC OR CONSULAR OFFICER.—When a dip-
lomatic or consular officer believes that an individual in a foreign country
has lost the nationality of the United States under section 20701 of this
title or chapter IV of the Nationality Act of 1940 (ch. 876, 54 Stat. 1168),
the officer shall certify in writing to the Secretary of State, under regula-
tions the Secretary prescribes, the facts on which the officer’s belief is
based.
(b) APPROVAL BY SECRETARY OF STATE.—(1) If the Secretary approves
the certificate, the Secretary shall provide a copy to the Attorney General
and direct the officer to provide a copy to the individual.
(2) The Secretary’s approval of the certificate is—
(A) a final administrative decision of loss of nationality, subject to
procedures for administrative appeal the Secretary may prescribe by
regulation; and
(B) a denial of a right or privilege under section 21101 of this title.
§ 20907. Certifications of records
The Attorney General may make a certification of any part of a natu-
ralization record of a court, a certificate of naturalization, or a certificate
of citizenship, for use in complying with a law or in a judicial proceeding.
The clerk of a court may make such a certification only on order of the
court.
CHAPTER 211—MISCELLANEOUS
Sec.
21101.
Procedure if denied a right or privilege as a national.
21102.
Information about citizenship.