# 8 CFR § 301.1: Procedures

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-8-301.1

## Section

- **Citation:** 8 CFR § 301.1
- **Heading:** Procedures
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 8—Aliens and Nationality > CHAPTER I—DEPARTMENT OF HOMELAND SECURITY > SUBCHAPTER C—NATIONALITY REGULATIONS > PART 301—NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

## Text

(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]

## Nearby sections

- [8 CFR § 301.1 § 301.1 Procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-8-301.1.md)
- [8 CFR § 306.1 § 306.1 Persons eligible.](https://www.frixlaw.com/law-library/statutes/ecfr-8-306.1.md)
- [8 CFR § 306.2 § 306.2 United States citizenship; when acquired.](https://www.frixlaw.com/law-library/statutes/ecfr-8-306.2.md)
- [8 CFR § 306.11 § 306.11 Preliminary application form; filing; examination.](https://www.frixlaw.com/law-library/statutes/ecfr-8-306.11.md)
- [8 CFR § 306.12 § 306.12 Renunciation forms; disposition.](https://www.frixlaw.com/law-library/statutes/ecfr-8-306.12.md)
- [8 CFR § 310.1 § 310.1 Administrative naturalization authority.](https://www.frixlaw.com/law-library/statutes/ecfr-8-310.1.md)
- [8 CFR § 310.2 § 310.2 Jurisdiction to accept applications for naturalization.](https://www.frixlaw.com/law-library/statutes/ecfr-8-310.2.md)
- [8 CFR § 310.3 § 310.3 Administration of the oath of allegiance.](https://www.frixlaw.com/law-library/statutes/ecfr-8-310.3.md)
- [8 CFR § 310.4 § 310.4 Judicial naturalization authority and withdrawal of petitions.](https://www.frixlaw.com/law-library/statutes/ecfr-8-310.4.md)
- [8 CFR § 310.5 § 310.5 Judicial review.](https://www.frixlaw.com/law-library/statutes/ecfr-8-310.5.md)
- [8 CFR § 312.1 § 312.1 Literacy requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-8-312.1.md)
- [8 CFR § 312.2 § 312.2 Knowledge of history and government of the United States.](https://www.frixlaw.com/law-library/statutes/ecfr-8-312.2.md)
- [8 CFR § 312.3 § 312.3 Testing of applicants who obtained permanent residence pursuant to section 245A of the Act.](https://www.frixlaw.com/law-library/statutes/ecfr-8-312.3.md)
- [8 CFR § 312.4 § 312.4 Selection of interpreter.](https://www.frixlaw.com/law-library/statutes/ecfr-8-312.4.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-8-301.1. Check the current official text before relying on it. Not legal advice.