22 CFR 50.51 - Review of finding of loss of nationality.

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§ 50.51 Review of finding of loss of nationality.
(a) There are no prescribed “procedures for administrative appeal” of issuance of a Certificate of Loss of Nationality for purposes of § 358 of the Immigration and Nationality Act (8 U.S.C. 1501) and no mandatory administrative review procedure prior to resort to judicial processes under § 360 of the Immigration and Nationality Act (8 U.S.C. 1503). Nevertheless, the Department may in its discretion review determinations of loss of nationality at any time after approval of issuance of the Certificate of Loss of Nationality to ensure consistency with governing law (see INA §§ 349 and 356, 8 U.S.C. 1481 and 1488). Such reconsideration may be initiated at the request of the person concerned or another person determined in accordance with guidance issued by the Department to have a legitimate interest.
(b) The primary grounds on which the Department will consider reversing a finding of loss of nationality and vacating a Certificate of Loss of Nationality are:
(1) The law under which the finding of loss was made has been held unconstitutional; or
(2) A major change in the interpretation of the law of expatriation is made as a result of a U.S. Supreme Court decision; or
(3) A major change in the interpretation of the law of expatriation is made by the Department, or is made by a court or another agency and adopted by the Department; and/or
(4) The person presents substantial new evidence, not previously considered, of involuntariness or absence of intent at the time of the expatriating act.
(c) When the Department reverses a finding of loss of nationality, the person concerned shall be considered not to have lost U.S. nationality as of the time the expatriating act was committed, and the Certificate of Loss of Nationality shall be vacated.
(d) Requesting the Department to reverse a finding of loss of nationality and vacate a Certificate of Loss of Nationality is not a prescribed “procedure for administrative appeal” for purposes of § 358 of the Immigration and Nationality Act (8 U.S.C. 1501). The Department's decision in response to such a request is not a prescribed “procedure for administrative appeal” for purposes of § 358 of the Immigration and Nationality Act (8 U.S.C. 1501). The issuance of a Certificate of Loss of Nationality by the Department is a “final administrative determination” and “final administrative denial” for purposes of §§ 358 and 360 of the Immigration and Nationality Act (8 U.S.C. 1501 and 1503), respectively.
[73 FR 41258, July 18, 2008]

Title 22 published on 2014-04-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code
U.S. Code: Title 8 - ALIENS AND NATIONALITY

§ 1104 - Powers and duties of Secretary of State

§ 1401 - Nationals and citizens of United States at birth

§ 1401a - Birth abroad before 1952 to service parent

§ 1401b - Repealed.

§ 1402 - Persons born in Puerto Rico on or after April 11, 1899

§ 1403 - Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904

§ 1404 - Persons born in Alaska on or after March 30, 1867

§ 1405 - Persons born in Hawaii

§ 1406 - Persons living in and born in the Virgin Islands

§ 1407 - Persons living in and born in Guam

§ 1408 - Nationals but not citizens of the United States at birth

§ 1409 - Children born out of wedlock

§ 1421 - Naturalization authority

§ 1422 - Eligibility for naturalization

§ 1423 - Requirements as to understanding the English language, history, principles and form of government of the United States

§ 1424 - Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government

§ 1425 - Ineligibility to naturalization of deserters from the Armed Forces

§ 1426 - Citizenship denied alien relieved of service in Armed Forces because of alienage

§ 1427 - Requirements of naturalization

§ 1428 - Temporary absence of persons performing religious duties

§ 1429 - Prerequisite to naturalization; burden of proof

§ 1430 - Married persons and employees of certain nonprofit organizations

§ 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired

§ 1432 - Repealed.

§ 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

§ 1434 - Repealed.

§ 1435 - Former citizens regaining citizenship

§ 1436 - Nationals but not citizens; residence within outlying possessions

§ 1437 - Resident Philippine citizens excepted from certain requirements

§ 1438 - Former citizens losing citizenship by entering armed forces of foreign countries during World War II

§ 1439 - Naturalization through service in the armed forces

§ 1440 - Naturalization through active-duty service in the Armed Forces during World War I, World War II, Korean hostilities, Vietnam hostilities, or other periods of military hostilities

8 U.S. Code § 1182a to 1182c - Repealed.

§ 1440a to 1440d - Omitted

§ 1440e - Exemption from naturalization fees for aliens naturalized through service during Vietnam hostilities or other subsequent period of military hostilities; report by clerks of courts to Attorney General

§ 1440f - Fingerprints and other biometric information for members of the United States Armed Forces

§ 1440g - Provision of information on military naturalization

§ 1441 - Constructive residence through service on certain United States vessels

§ 1442 - Alien enemies

§ 1443 - Administration

§ 1443a - Naturalization proceedings overseas for members of the Armed Forces and their spouses and children

§ 1444 - Photographs; number

§ 1445 - Application for naturalization; declaration of intention

§ 1446 - Investigation of applicants; examination of applications

§ 1447 - Hearings on denials of applications for naturalization

§ 1448 - Oath of renunciation and allegiance

§ 1448a - Address to newly naturalized citizens

§ 1449 - Certificate of naturalization; contents

§ 1450 - Functions and duties of clerks and records of declarations of intention and applications for naturalization

§ 1451 - Revocation of naturalization

§ 1452 - Certificates of citizenship or U.S. non-citizen national status; procedure

§ 1453 - Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy Commissioner; action not to affect citizenship status

§ 1454 - Documents and copies issued by Attorney General

§ 1455 - Fiscal provisions

§ 1456 - Repealed.

§ 1457 - Publication and distribution of citizenship textbooks; use of naturalization fees

§ 1458 - Compilation of naturalization statistics and payment for equipment

§ 1459 - Repealed.

§ 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

§ 1482 - Repealed.

§ 1483 - Restrictions on loss of nationality

§ 1484 to 1487 - Repealed.

§ 1488 - Nationality lost solely from performance of acts or fulfillment of conditions

§ 1489 - Application of treaties; exceptions

§ 1501 - Certificate of diplomatic or consular officer of United States as to loss of American nationality

§ 1502 - Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state

§ 1503 - Denial of rights and privileges as national

§ 1504 - Cancellation of United States passports and Consular Reports of Birth

U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE