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Former citizens due to old retention requirements file an n 600

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A little known use for an N-600.

A little known use for an N-600.

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  • 1. Former Citizens at Birth who lost USC because they failed to meet now-repealedretention requirements who are in the U.S. can file an N-600 and it should onlycost $5.001.Below from an erroneous AAO Decision wrongly upholding an N-600 denial in 2005:http://www.uscis.gov/err/E6%20-%20Applications%20for%20Certificates%20of%20Naturalization%20or%20Repatriation/Decisions_Issued_in_2005/SEP222005%2002E6323.pdf “The AAO notes that § 324(d)(1) of the Immigration and Nationality Act (the Act), which was added by § 103 of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416, came into effect on March 1, 1995 and permits persons who had ceased to be U.S. citizens for failure to comply with former § 301(b) retention requirements to have their citizenship restored by taking an oath of allegiance to the United States. The oath may be taken2 abroad and restores the individuals U.S. citizenship prospectively. There is no evidence that the applicant has taken the prescribed oath; hence, at the present time he is ineligible for a certificate of citizenship. 8 C.F.R. 341.2(c) states that the burden of proof shall be on the claimant to establish the claimed citizenship by a preponderance of the evidence. The applicant has not met that burden; therefore, the appeal will be dismissed. This dismissal is without prejudice to the applicants filing another application for a certificate of citizenship if and when evidence that he has taken the oath of allegiance becomes available.” [Emphasis added.]INA § 341 Certificates Of Citizenship Or U.S. Non-Citizen National Status; Procedure(a) A person who claims to have derived United States citizenship through the naturalization of aparent or through the naturalization or citizenship of a husband, or who is a citizen of the UnitedStates by virtue of the provisions of section 1993 of the United States Revised Statutes, or ofsection 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions ofsubsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended (54Stat. 1138; 8 U.S.C. 601), or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (c), (d),(e), or (g) of section 301 of this title, or under the provisions of the Act of August 4, 1937 (50Stat. 558), or under the provisions of section 203 or 205 of the Nationality Act of 1940 (54 Stat.1139; 8 U.S.C. 603, 605), or under the provisions of section 303 of this title, may apply to theAttorney General for a certificate of citizenship. Upon proof to the satisfaction of the AttorneyGeneral that the applicant is a citizen, and that the applicants alleged citizenship was derived asclaimed, or acquired, as the case may be, and upon taking and subscribing before a member ofthe Service within the United States to the oath of allegiance required by this Act of an applicantfor naturalization, such individual shall be furnished by the Attorney General with a certificate ofcitizenship, but only if such individual is at the time within the United States.1 INA § 324(d)(2) incorporates (c)(2) which states: “Such oath of allegiance may be taken abroad before adiplomatic or consular officer of the United States, or in the United States before the Attorney General or the judgeor clerk of a court described in section 310(b).” And (c)(3) sets the cost at a maximum of $5.00!2 Id. 1
  • 2. References in Text  Section 1993 of the Revised Statutes, referred to in subsec. (a), which was classified to section 6 of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172.  The Nationality Act of 1940, referred to in subsec. (a), is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, as amended. Sections 201, 203, and 205 of the Nationality Act of 1940, which were classified to sections 601, 603, and 605, respectively, of this title, were repealed by section 403(a)(42) of act June 27, 1952.  Act May 7, 1934 (48 Stat. 667), referred to in subsec. (a), which was classified to sections 3b and 3c of this title, was omitted from the Code.  Act Aug. 4, 1937, referred to in subsec. (a), which was classified to sections 5d and 5e of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172.*****8 CFR § 341.1 Application.Form N–600. An application for a certificate of citizenship by or in behalf of a person whoclaims to have acquired United States citizenship under section 309(c) or to have acquired orderived United States citizenship as specified in section 341 of the Act shall be submitted onForm N–600 in accordance with the instructions thereon, accompanied by the fee specified in§103.7(b)(1) of this chapter. The application shall be supported by documentary and otherevidence essential to establish the claimed citizenship, such as birth, adoption, marriage, death,and divorce certificates.(Approved by the Office of Management and Budget under control number 1115–0018)[52 FR 19719, May 27, 1987]8 CFR § 301.1 Procedures.(a) Application. (1) A person residing in the United States who desires to be documented as aUnited States citizen pursuant to section 301(h) of the Act may apply for a passport at a UnitedStates passport agency or may submit an application on Form N–600, Application for Certificateof Citizenship, to the USCIS, as provided in 8 CFR part 341. It must be accompanied by the feespecified in 8 CFR 103.7(b)(1). The application also must be accompanied by supportingdocumentary and other evidence essential to establish the claimed citizenship, such as birth,marriage, death, and divorce certificates. The applicant will be notified in writing when andwhere to appear before a USCIS officer for examination of his or her application.(2) A person residing outside of the United States who desires to be documented as a UnitedStates citizen under section 301(h) of the Act shall make his or her claim at a United States 2
  • 3. embassy or consulate, in accordance with such regulations as may be prescribed in the Secretaryof State.(b) Oath of allegiance; issuance of certificate. Upon determination by the district director that aperson is a United States citizen pursuant to section 301(h) of the Act, the person shall take theoath of allegiance, prescribed in 8 CFR part 337, before an officer of the Service designated toadminister the oath of allegiance within the United States, and a certificate of citizenship shall beissued. 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]INA § 301 Nationals And Citizens Of The United States At Birth(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits andjurisdiction of the United States of an alien father and a mother who is a citizen of the UnitedStates who, prior to the birth of such person, had resided in the United States. 302 persons bornin Puerto Rico on or after April 11, 1899.INA § 324 Former Citizens Of United States Regaining United States Citizenship(c) (1) A woman who was a citizen of the United States at birth and (A) who has or is believed tohave lost her United States citizenship solely by reason of her marriage prior to September 22,1922, to an alien, or by her marriage on or after such date to an alien ineligible to citizenship, (B)whose marriage to such alien shall have terminated subsequent to January 12, 1941, and (C) whohas not acquired by an affirmative act other than by marriage any other nationality, shall, fromand after taking the oath of allegiance required by section 337 of this title, be a citizen of theUnited States and have the status of a citizen of the United States by birth, without filing anapplication for naturalization, and notwithstanding any of the other provisions of this title exceptthe provisions of section 313 : Provided, That nothing contained herein or in any other provisionof law shall be construed as conferring United States citizenship retroactively upon such person,or upon any person who was naturalized in accordance with the provisions of section 317 (b) ofthe Nationality Act of 1940, during any period in which such person was not a citizen.(2) Such oath of allegiance may be taken abroad before a diplomatic or consular officer of theUnited States, or in the United States before the *Attorney General or the judge or clerk of acourt described in section 310(b) . [*Substitute Secretary of Homeland Security](3) Such oath of allegiance shall be entered in the records of the appropriate embassy, legation,consulate, court, or the Attorney General, and, upon demand, a certified copy of the proceedings,including a copy of the oath administered, under the seal of the embassy, legation, consulate,court, or the Attorney General, shall be delivered to such woman at a cost not exceeding $5,which certified copy shall be evidence of the facts stated therein before any court of record orjudicial tribunal and in any department or agency of the Government of the United States.(d) (1) A person who was a citizen of the United States at birth and lost such citizenship forfailure to meet the physical presence retention requirements under section 301(b) (as in effectbefore October 10, 1978), shall, from and after taking the oath of allegiance required by section 3
  • 4. 337 be a citizen of the United States and have status of citizen of the United States by birth,without filing an application for naturalization, and notwithstanding any of the other provisionsof this title except the provisions of section 313 . Nothing in this subsection or any otherprovision of law shall be construed as conferring United States citizenship retroactively uponsuch person during any period in which such person was not a citizen.(2) The provisions of paragraphs (2) and (3) of subsection (c) shall apply to a personregaining citizenship under paragraph (1) in the same manner as they apply under subsection(c)(1).Former INA § 301(b) (as in effect before October 10, 1978)Amendmet of 1978--Subsec. (a). Pub. L. 95-432, Sec. 3, struck out ``(a) before ``The followingand redesignated pars. (1) to (7) as (a) to (g), respectively.Subsec. (b). Pub. L. 95-432, Sec. 1, struck out subsec.(b) which provided that any person who was a national or citizen of the United States undersubsec. (a)(7) lose his nationality or citizenship unless he be continuously physically present inthe United States for a period of not less than two years between the ages of 14 and 28 or that thealien parent be naturalized while the child was under 18 years of age and the child beganpermanent residence in the United States while under 18 years of age and that absence from theUnited States of less than 60 days not break the continuity of presence.1966--Subsec. (a)(7). Pub. L. 89-770 authorized periods of employment with the United StatesGovernment or with an international organization by the citizen parent, or any periods duringwhich the citizen parent is physically present abroad as the dependent unmarried son or daughterand a member of the household of a person (A) honorably serving with the Armed Forces of theUnited States, or (B) employed by the United States Government or an internationalorganization, to be included in order to satisfy the physical presence requirement, and permittedthe proviso to be applicable to persons born on or after December 24, 1952. Retroactive Application of 1994 AmendmentSection 101(c) of Pub. L. 103-416 provided that: ``(1) Except as provided in paragraph (2), the immigration and nationality laws of the UnitedStates shall be applied (to persons born before, on, or after the date of the enactment of this Act[Oct. 25, 1994]) as though the amendment made by subsection (a) [amending this section], andsubsection (b) [enacting provisions set out above], had been in effect as of the date of their birth,except that the retroactive application of the amendment and that subsection shall not affect thevalidity of citizenship of anyone who has obtained citizenship under section 1993 of the RevisedStatutes [former 8 U.S.C. 6] (as in effect before the enactment of the Act of May 24, 1934 (48Stat. 797)). 4
  • 5. ``(2) The retroactive application of the amendment made by subsection (a), and subsection (b),shall not confer citizenship on, or affect the validity of any denaturalization, deportation, orexclusion action against, any person who is or was excludable from the United States undersection 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) (orpredecessor provision) or who was excluded from, or who would not have been eligible foradmission to, the United States under the Displaced Persons Act of 1948 [former 50 U.S.C. App.1951 et seq.] or under section 14 of the Refugee Relief Act of 1953 [former 50 U.S.C. App.1971l]. Applicability of Transmission RequirementsSection 101(d) of Pub. L. 103-416, as amended by Pub. L. 104-208, div. C, title VI, Sec.671(b)(1), Sept. 30, 1996, 110 Stat. 3009-721, provided that:``This section [amending this section and enacting provisions set out above], the amendmentsmade by this section, and any retroactive application of such amendments shall not effect theapplication of any provision of law relating to residence or physical presence in the United Statesfor purposes of transmitting United States citizenship to any person whose claim is based on theamendment made by subsection (a) [amending this section] or through whom such a claim isderived.Section 1993, Revised Statutes of 1878, as amended by the Act of May 24, 1934, states:Any child hereafter born out of the limits and jurisdiction of the United States, whose father ormother or both at the time of the birth of such child is a citizen of the United States, is declaredto be a citizen of the United States; but the rights of citizenship shall not descend to any suchchild unless the citizen father or citizen mother, as the case may be, has resided in the UnitedStates previous to the birth of such child. 5