Subchapter F—Nationality and Passports

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SUBCHAPTER F—NATIONALITY AND PASSPORTS

PART 50—NATIONALITY (c) Secretary means the Secretary of PROCEDURES State. (d) National means a citizen of the Sec. United States or a noncitizen owing 50.1 Definitions. permanent allegiance to the United States. Subpart A—Procedures for Determination (e) Passport means a travel document of United States Nationality of a Person issued under the authority of the Sec- Abroad retary of State attesting to the identity and nationality of the bearer. 50.2 Determination of U.S. nationality of persons abroad. (f) Passport Agent means a person des- 50.3 Application for registration. ignated by the Department to accept 50.4 Application for passport. passport applications. 50.5 Application for registration of birth (g) Designated nationality examiner abroad. means a United States citizen em- 50.6 Registration at the Department of ployee of the Department of State as- birth abroad. signed or employed abroad (perma- 50.7 Consular Report of Birth Abroad of a nently or temporarily) and designated Citizen of the United States of America. 50.8 Certification of Report of Birth Abroad by the Deputy Assistant Secretary of of a United States Citizen. State for Overseas Citizen Services, to 50.9 Card of identity. grant, issue and verify U.S. passports. 50.10 Certificate of nationality. A designated nationality examiner 50.11 Certificate of identity for travel to the may adjudicate claims of acquisition United States to apply for admission. and loss of United States nationality and citizenship as required for the pur- Subpart B—Retention and Resumption of pose of providing passport and related Nationality services. The authority of designated 50.20 Retention of nationality. nationality examiners shall include the 50.30 Resumption of nationality. authority to examine, adjudicate, approve and deny passport applications Subpart C—Loss of Nationality and applications for related services. The authority of designated nation- 50.40 Certification of loss of U.S. nationality examiners shall expire upon ter- ality. 50.50 Renunciation of nationality. mination of the employee’s assignment 50.51 Notice of right to appeal for such duty and may also be terminated at any time by the Deputy As- AUTHORITY: 22 U.S.C. 2651a; 8 U.S.C. 1104, sistant Secretary for Overseas Citizen 1502, 1503 and 1504. Services. SOURCE: 31 FR 13537, Oct. 20, 1966, unless otherwise noted. [31 FR 13537, Oct. 20, 1966, as amended at 31 FR 14521, Nov. 11, 1966; 61 FR 43311, Aug. 22, § 50.1 Definitions. 1996] The following definitions shall be applicable to this part: Subpart A—Procedures for Deter- (a) United States means the conti- mination of United States Na- nental United States, the State of Ha- tionality of a Person Abroad waii, the Commonwealth of Puerto Rico, the Virgin Islands of the United § 50.2 Determination of U.S. nation- States, the Canal Zone, American ality of persons abroad. Samoa, Guam and any other islands or The Department shall determine territory over which the United States claims to United States nationality exercises jurisdiction. when made by persons abroad on the (b) Department means the Department basis of an application for registration, of State of the United States of Amer- for a passport, or for a Consular Report ica. of Birth Abroad of a Citizen of the

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United States of America. Such deter- iner may accept and adjudicate the ap- minations of nationality may be made plication for a Consular Report of abroad by a consular officer or a des- Birth Abroad of a Citizen of the United ignated nationality examiner. A des- States of America for a child born in ignated nationality examiner may ac- their consular district. In specific in- cept and approve/disapprove applica- stances, the Department may authorize tions for registration and accept and consular officers and other designated approve/disapprove applications for employees to adjudicate the applica- passports and issue passports. Under tion for a Consular Report of Birth the supervision of a consular officer, Abroad of a child born outside his/her designated nationality examiners shall consular district. Under the super- accept, adjudicate, disapprove and provision of a consular officer, designated visionally approve applications for the nationality examiners shall accept, ad- Consular Report of Birth Abroad. A judicate, disapprove and provisionally Consular Report of Birth Abroad may approve applications for the Consular only be issued by a consular officer, Report of Birth Abroad. The applicant who will review a designated nation- shall be required to submit proof of the ality examiner’s provisional approval child’s birth, identity and citizenship of an application for such report and meeting the evidence requirements of issue the report if satisfied that the subpart C of part 51 of this subchapter claim to nationality has been estab- and shall include: lished. (a) Proof of child’s birth. Proof of [31 FR 13537, Oct. 20, 1966, as amended at 61 child’s birth usually consists of, but is FR 43311, Aug. 22, 1996] not limited to, an authentic copy of the record of the birth filed with local § 50.3 Application for registration. authorities, a baptismal certificate, a (a) A person abroad who claims U.S. military hospital certificate of birth, nationality, or a representative on his or an affidavit of the doctor or the per- behalf, may apply at a consular post son attending the birth. If no proof of for registration to establish his claim birth is available, the person seeking to U.S. nationality or to make his resi- to register the birth shall submit his dence in the particular consular area a affidavit explaining why such proof is matter of record. not available and setting forth the (b) The applicant shall execute the facts relating to the birth. registration form prescribed by the De- (b) Proof of child’s citizenship. Evi- partment and shall submit the sup- dence of parent’s citizenship and, if porting evidence required by subpart C pertinent, evidence of parent’s physical of part 51 of this chapter. A diplomatic or consular officer or a designated na- presence in the United States as re- tionality examiner shall determine the quired for transmittal of claim of citi- period of time for which the registra- zenship by the Immigration and Na- tion will be valid. tionality Act of 1952 shall be submitted. [31 FR 13537, Oct. 20, 1966, as amended at 61 FR 43312, Aug. 22, 1996] [31 FR 13537, Oct. 20, 1966, as amended at 61 FR 43312, Aug. 22, 1996] § 50.4 Application for passport. § 50.6 Registration at the Department A claim to U.S. nationality in con- of birth abroad. nection with an application for passport shall be determined by posts In the time of war or national emer- abroad in accordance with the regula- gency, passport agents may be des- tions contained in part 51 of this chap- ignated to complete consular reports of ter. birth for children born at military facilities which are not under the juris- § 50.5 Application for registration of diction of a consular office. An officer birth abroad. of the Armed Forces having authority Upon application by the parent(s) or to administer oaths may take applica- the child’s legal guardian, a consular tions for registration under this sec- officer or designated nationality exam- tion.

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§ 50.7 Consular Report of Birth Abroad parent or legal guardian a certificate of a Citizen of the United States of entitled ‘‘Certification of Report of America. Birth Abroad of a United States Cit- (a) Upon application and the submis- izen.’’ sion of satisfactory proof of birth, iden- [61 FR 43312, Aug. 22, 1996] tity and nationality, and at the time of the reporting of the birth, the consular § 50.9 Card of identity. officer may issue to the parent or legal guardian, when approved and upon pay- When authorized by the Department, ment of a prescribed fee, a Consular consular offices or designated nation- Report of Birth Abroad of a Citizen of ality examiners may issue a card of the United States of America. identity for travel to the United States (b) Amended and replacement Con- to nationals of the United States being sular Reports of Birth Abroad of a Cit- deported from a foreign country, to na- izen of the United States of America tionals/citizens of the United States in- may be issued by the Department of volved in a common disaster abroad, or State’s Passport Office upon written to a returning national of the United request and payment of the required States to whom passport services have fee. been denied or withdrawn under the (c) When it reports a birth under provisions of this part or parts 51 or 53 § 50.6, the Department shall furnish the of this subchapter. Consular Report of Birth Abroad of a Citizen of the United States of America [61 FR 43312, Aug. 22, 1996] to the parent or legal guardian upon application and payment of required § 50.10 Certificate of nationality. fees. (a) Any person who acquired the na- (d) A consular report of birth, or a tionality of the United States at birth certification thereof, may be canceled and who is involved in any judicial or if it appears that such document was administrative proceedings in a foreign illegally, fraudulently, or erroneously state and needs to establish his U.S. obtained, or was created through ille- nationality may apply for a certificate gality or fraud. The cancellation under of nationality in the form prescribed this paragraph of such a document pur- by the Department. porting to show the citizenship status of the person to whom it was issued (b) An applicant for a certificate of shall affect only the document and not nationality must submit evidence of the citizenship status of the person in his nationality and documentary evi- whose name the document was issued. dence establishing that he is involved A person for or to whom such docu- in judicial or administrative pro- ment has been issued or made shall be ceedings in which proof of his U.S. na- given at such person’s last known ad- tionality is required. dress, written notice of the cancellation of such document, together with § 50.11 Certificate of identity for travel the specific reasons for the cancella- to the United States to apply for admission. tion and the procedures for review available under the provisions in 22 (a) A person applying abroad for a CFR 51.81 through 51.89. certificate of identity under section 360(b) of the Immigration and Nation- [61 FR 43312, Aug. 22, 1996, as amended at 64 FR 19714, Apr. 22, 1999] ality Act shall complete the application form prescribed by the Depart- § 50.8 Certification of Report of Birth ment and submit evidence to support Abroad of a United States Citizen. his claim to U.S. nationality. At any time subsequent to the (b) When a diplomatic or consular of- issuance of a Consular Report of Birth ficer denies an application for a certifi- Abroad of a Citizen of the United cate of identity under this section, the States of America, when requested and applicant may submit a written appeal upon payment of the required fee, the to the Secretary, stating the pertinent Department of State’s Passport Office facts, the grounds upon which U.S. na- may issue to the citizen, the citizen’s tionality is claimed and his reasons for

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considering that the denial was not may apply abroad to any diplomatic or justified. consular officer to take the oath of allegiance as prescribed by section 337 of [31 FR 14521, Nov. 11, 1966] the Immigration and Nationality Act. (2) The applicant shall submit docu- Subpart B—Retention and mentary evidence to establish her eli- Resumption of Nationality gibility to take the oath of allegiance. If the diplomatic or consular officer or § 50.20 Retention of nationality. the Department determines, when the (a) Section 351(b) of the Immigration application is submitted to the Depart- and Nationality Act. (1) A person who ment, that the applicant is ineligible desires to claim U.S. nationality under for resumption of citizenship under sec- the provisions of section 351(b) of the tion 313 of the Immigration and Na- Immigration and Nationality Act tionality Act, the oath shall not be ad- must, within the time period specified ministered. in the statute, assert a claim to U.S. (c) Certification of repatriation. Upon nationality and subscribe to an oath of request and payment of the prescribed allegiance before a diplomatic or con- fee, a diplomatic or consular officer or sular officer. the Department shall issue a certified (2) In addition, the person shall sub- copy of the application and oath ad- mit to the Department a statement re- ministered to a woman repatriated citing the person’s identity and acqui- under this section. sition or derivation of U.S. nationality, (d) Section 324(d)(1) of the Immigration the facts pertaining to the performance and Nationality Act. (1) A former citizen of any act which would otherwise have of the United States who did not retain been expatriative, and his desire to re- U.S. citizenship by failure to fulfill tain his U.S. nationality. residency requirements as set out in [31 FR 13537, Oct. 20, 1966, as amended at 61 Section 201(g) of the 1940 Nationality FR 29652, 29653, June 12, 1996] Act or former 301(b) of the 1952 Immi- gration and Nationality Act, may re- § 50.30 Resumption of nationality. gain his/her U.S. citizenship pursuant (a) Section 324(c) of the Immigration to Section 324(d) INA, by applying and Nationality Act. (1) A woman for- abroad at a diplomatic or consular merly a citizen of the United States at post, or in the U.S. at any Immigration birth who wishes to regain her citizen- and Naturalization Service office in ship under section 324(c) of the Immi- the form and manner prescribed by the gration and Nationality Act may apply Department of State and the Immigra- abroad to a diplomatic or consular offi- tion and Naturalization Service (INS). cer on the form prescribed by the De- (2) The applicant shall submit docu- partment to take the oath of allegiance mentary evidence to establish eligi- prescribed by section 337 of that Act. bility to take the oath of allegiance, (2) The applicant shall submit docu- which includes proof of birth abroad to mentary evidence to establish her eli- a U.S. citizen parent between May 24, gibility to take the oath of allegiance. 1934 and December 24, 1952. If the diplo- If the diplomatic or consular officer or matic, consular, INS, or passport offi- the Department determines, when the cer determines that the applicant is in- application is submitted to the Depart- eligible to regain citizenship under sec- ment for decision, that the applicant is tion 313 INA, the oath shall not be ad- ineligible for resumption of citizenship ministered. because of section 313 of the Immigra- tion and Nationality Act, the oath [31 FR 13537, Oct. 20, 1966, as amended at 61 shall not be administered. FR 29653, June 12, 1996] (b) The Act of June 25, 1936. (1) A woman who has been restored to citi- Subpart C—Loss of Nationality zenship by the Act of June 25, 1936, as amended by the Act of July 2, 1940, but § 50.40 Certification of loss of U.S. na- who failed to take the oath of alle- tionality. giance prior to December 24, 1952, as (a) Administrative presumption. In ad- prescribed by the nationality laws, judicating potentially expatriating

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acts pursuant to INA 349(a), the De- partment of Justice. The diplomatic or partment has adopted an administra- consular office in which the certificate tive presumption regarding certain was prepared shall then forward a copy acts and the intent to commit them. of the certificate to the person to U.S. citizens who naturalize in a for- whom it relates or his representative. eign country; take a routine oath of allegiance; or accept non-policy level em- [31 FR 13537, Oct. 20, 1996. Redesignated and ployment with a foreign government amended at 61 FR 29652, June 12, 1996; 63 FR need not submit evidence of intent to 20315, Apr. 24, 1998] retain U.S. nationality. In these three classes of cases, intent to retain U.S. § 50.50 Renunciation of nationality. citizenship will be presumed. A person (a) A person desiring to renounce who affirmatively asserts to a consular U.S. nationality under section 349(a)(5) officer, after he or she has committed a of the Immigration and Nationality potentially expatriating act, that it Act shall appear before a diplomatic or was his or her intent to relinquish U.S. consular officer of the United States in citizenship will lose his or her U.S. the manner and form prescribed by the citizenship. In other loss of nationality Department. The renunciant must in- cases, the consular officer will ascer- clude on the form he signs a statement tain whether or not there is evidence of that he absolutely and entirely re- intent to relinquish U.S. nationality. nounces his U.S. nationality together (b) Whenever a person admits that he or she had the intent to relinquish citi- with all rights and privileges and all zenship by the voluntary and inten- duties of allegiance and fidelity there- tional performance of one of the acts unto pertaining. specified in Section 349(a) of the Immi- (b) The diplomatic or consular officer gration and Nationality Act, and the shall forward to the Department for ap- person consents to the execution of an proval the oath of renunciation to- affidavit to that effect, the diplomatic gether with a certificate of loss of na- or consular officer shall attach such af- tionality as provided by section 358 of fidavit to the certificate of loss of na- the Immigration and Nationality Act. tionality. If the officer’s report is approved by (c) Whenever a diplomatic or con- the Department, copies of the certifi- sular officer has reason to believe that cate shall be forwarded to the Immi- a person, while in a foreign country, gration and Naturalization Service, De- has lost his U.S. nationality under any partment of Justice, and to the person provision of chapter 3 of title III of the to whom it relates or his representa- Immigration and Nationality Act of tive. 1952, or under any provision of chapter IV of the Nationality Act of 1940, as [31 FR 13537, Oct. 20, 1966, as amended at 61 amended, he shall prepare a certificate FR 29653, June 12, 1996] of loss of nationality containing the facts upon which such belief is based § 50.51 Notice of right to appeal. and shall forward the certificate to the When an approved certificate of loss Department. of nationality or certificate of expa- (d) If the diplomatic or consular offi- triation is forwarded to the person to cer determines that any document con- whom it relates or his or her represent- taining information relevant to the ative, such person or representative statements in the certificate of loss of nationality should not be attached to shall be informed of the right to appeal the certificate, the person may summa- the Department’s determination to the rize the pertinent information in the Board of Appellate Review (part 7 of appropriate section of the certificate this chapter) within one year after ap- and send the documents together with proval of the certificate of loss of na- the certificate to the Department. tionality or the certificate of expatria- (e) If the certificate of loss of nation- tion. ality is approved by the Department, a [44 FR 68827, Nov. 30, 1979. Redesignated at 61 copy shall be forwarded to the Immi- FR 29653, June 12, 1996] gration and Naturalization Service, De-

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PART 51—PASSPORTS 51.52 Citizenship by birth in territory under sovereignty of the United States. 51.53 Proof of resumption of U.S. citizen- Sec. ship. 51.1 Definitions. 51.54 Requirement of additional evidence of U.S. citizenship. Subpart A—General 51.55 Return or retention of evidence of citi- 51.2 Passport issued to nationals only. zenship. 51.3 Types of passports. 51.4 Validity of passports. Subpart D—Fees 51.5 [Reserved] 51.60 Form of remittance. 51.6 Mutilation and alteration of passports. 51.61 Passport fees. 51.7 Verification of passports. 51.62 Exemption from payment of passport 51.8 Cancellation of previously issued pass- or execution fee. port. 51.63 Refunds. 51.9 Passport property of the U.S. Govern- 51.64 Replacement passports. ment. 51.65 Execution fee not refundable. 51.66 Expedited passport processing. Subpart B—Application 51.20 General. Subpart E—Limitation on Issuance or 51.21 Execution of passport application. Extension of Passports 51.22 [Reserved] 51.70 Denial of passports. 51.23 Name of applicant to be used in pass- 51.71 Denial of passports to certain con- port. victed drug traffickers. 51.24 Change of name. 51.72 Revocation or restriction of passports. 51.25 Photographs. 51.73 Passports invalid for travel into or 51.26 Incompetents. through restricted areas. 51.27 Minors. 51.74 Special validation of passports for 51.28 Identity of applicant. travel to restricted areas. 51.30 Persons unacceptable as witnesses. 51.75 Notification of denial or withdrawal of 51.31 Affidavit of identifying witness. passport. 51.32 Amendment of passports. 51.76 Surrender of passport. 51.33 Release of passport information.

Subpart C—Evidence of United States Subpart F—Procedures for Review of Citizenship or Nationality Adverse Action 51.80 The applicability of §§ 51.81 through 51.40 Burden of proof. 51.89. 51.41 Documentary evidence. 51.81 Time limits on hearing to review ad- 51.43 Persons born in the United States ap- verse action. plying for a passport for the first time. 51.82 Notice of hearing. 51.44 Persons born abroad applying for a 51.83 Functions of the hearing officer. passport for the first time. 51.84 Appearance at hearing. MARRIED WOMEN 51.85 Proceedings before the hearing officer. 51.86 Admissibility of evidence. 51.45 Marriage to an alien prior to March 2, 51.87 Privacy of hearing. 1907. 51.88 Transcript of hearing. 51.46 Marriage to an alien between March 2, 51.89 Decision of Deputy Assistant Sec- 1907, and September 22, 1922. retary for Passport Services. 51.47 Marriage prior to September 22, 1922, to an alien who acquired U.S. citizenship AUTHORITY: 22 U.S.C. 211a, 213, 2651a, by naturalization prior to September 22, 2671(d)(3), 2714 and 3926; 31 U.S.C. 9701; E.O. 1922. 11295, 3 CFR, 1966–1970 Comp., p. 570; sec. 236, 51.48 Marriage between September 22, 1922, Pub. L.106–113, 113 Stat. 1501A–430; 18 U.S.C. and March 3, 1931, to an alien ineligible 1621(a)(2). to citizenship. SOURCE: 31 FR 13540, Oct. 20, 1966, unless 51.49 Marriage on or after September 22, otherwise noted. 1922, to an alien eligible to naturalization. § 51.1 Definitions. 51.50 Alien born woman—marriage to citizen prior to September 22, 1922. The following definitions shall be applicable to this part: CITIZENSHIP BY ACT OF CONGRESS OR TREATY (a) United States means the conti- 51.51 Former nationals of Spain or Den- nental United States, the State of Ha- mark. waii, the Commonwealth of Puerto

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Rico, the Virgin Islands of the United one valid or potentially valid U.S. pass- States, the Canal Zone, American port at any one time. Samoa, Guam and any other islands or [SD–165, 46 FR 2343, Jan. 9, 1981] territory over which the United States exercises jurisdiction. § 51.3 Types of passports. (b) Department means the Department (a) Regular passport. A regular pass- of State of the United States of Amer- port is issued to a national of the ica. United States proceeding abroad for (c) Secretary means the Secretary of personal or business reasons. State. (b) Official passport. An official pass- (d) National means a citizen of the port is issued to an official or employee United States or a noncitizen owing of the U.S. Government proceeding permanent allegiance to the United abroad in the discharge of official du- States. ties. Where appropriate, dependents of (e) Passport means a travel document such persons may be issued official issued under the authority of the Sec- passports. retary of State attesting to the iden- (c) Diplomatic passport. A diplomatic tity and nationality of the bearer. passport is issued to a Foreign Service (f) Passport Agent means a person des- Officer, a person in the diplomatic ignated by the Department to accept service or to a person having diplo- passport applications. matic status either because of the na- (g) Passport Application means the ap- ture of his or her foreign mission or by plication form for a United States pass- reason of the office he or she holds. port, filled in, subscribed and executed Where appropriate, dependents of such as prescribed by the Secretary pursu- persons may be issued diplomatic pass- ant to 22 U.S.C. 213, and all documents, ports. photos and statements submitted with the form or thereafter in support of the (22 U.S.C. 2658 and 3926) application. A person providing false [31 FR 13540, Oct. 20, 1966, as amended at 49 information as part of a passport appli- FR 16989, Apr. 23, 1984] cation, whether contemporaneously with the application form or at any § 51.4 Validity of passports. other time, is subject to prosecution (a) Signature of bearer. A passport is for passport fraud or perjury under all valid only when signed by the bearer in applicable criminal statutes, including the space designated for his signature. but not limited to 18 U.S.C. 1001, 1541, (b) Period of validity of a regular pass- et seq. and 1621. port. (h) Passport Issuing Office means the (1) A regular passport issued on or Passport Office, a Passport Agency, a after February 1, 1998, to an applicant Passport Agent of the Department, or a 16 years of age or older is valid for 10 Foreign Service Post authorized to years from date of issue unless limited issue passports. by the Secretary to a shorter period. (i) Designated nationality examiner (2) A regular passport issued on or means a person designated under after February 1, 1998 to an applicant § 50.1(g) of this subchapter. under the age of 16 years is valid for 5 years from date of issue unless limited [31 FR 13540, Oct. 20, 1966, as amended at 31 by the Secretary of State to a shorter FR 14522, Nov. 11, 1966; 61 FR 43312, Aug. 22, period. 1996; 66 FR 29906, June 4, 2001] (3) The period of validity of a regular passport issued on or after January 1, Subpart A—General 1983, and before February 1, 1998, unless limited by the Secretary of State to a § 51.2 Passport issued to nationals shorter period is: 10 years from date of only. issue if issued to an applicant age 18 or (a) A United States passport shall be older; five years from date of issue if issued only to a national of the United issued to an applicant under age 18. States (22 U.S.C. 212). (4) The period of validity of a regular (b) Unless authorized by the Depart- passport issued prior to January 1, 1983, ment no person shall bear more than is five years from date of issue.

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(c) Period of validity of an official pass- by paragraphs (b) through (e) of this port. An official passport is normally section. valid for a period of 5 years from the (Sec. 1, 44 Stat. 887; sec. 1, 41 Stat. 750; sec. date of issue as long as the bearer 2, 44 Stat. 887; sec. 4, 63 Stat. 111, as amended maintains the official status for which (22 U.S.C. 211a, 214, 217a, 2658); E.O. 11295, 36 it is issued. It must be returned to the FR 10603; 3 CFR 1966–70 Comp. p. 507) Department upon the termination of [31 FR 13540, Oct. 20, 1966, as amended at 33 the bearer’s official status. FR 12042, Aug. 24, 1968; 42 FR 17869, Apr. 4, (d) Period of validity of a diplomatic 1977; 47 FR 56329, Dec. 16, 1982; 57 FR 3282, passport. A diplomatic passport issued Jan. 29, 1992; 63 FR 7285, Feb. 13, 1998] on or after January 1, 1977 is valid for § 51.5 [Reserved] a period of five (5) years or so long as the bearer maintains his/her diplo- § 51.6 Mutilation and alteration of matic status, whichever is shorter. A passports. diplomatic passport which has not ex- Any passport which has been materi- pired must be returned to the Depart- ally changed in physical appearance or ment upon the termination of the bear- composition, or which includes unau- er’s diplomatic status or at such other thorized changes, obliterations, entries time as the Secretary shall determine. or photographs may be invalidated. Any outstanding diplomatic passport issued before January 1, 1977 will expire § 51.7 Verification of passports. effective December 31, 1977. When required by the officials of a (e) Period of a regular passport issued foreign government, an American For- for no fee. A regular passport for which eign Service office may verify a U.S. payment of the fee has been excused is passport at the request of the bearer or valid for a period of 5 years from the of the foreign government. date of issue unless limited by the Sec- retary to a shorter period. § 51.8 Cancellation of previously issued passport. (f) Limitation and extension of validity. The validity period of any passport (a) Upon applying for a new passport, may be limited by the Secretary to less an applicant shall submit for cancellation any previous passport still valid or than the normal validity period. Appli- potentially valid. cations for extension of passports lim- (b) If an applicant is unable to ited to less than the normal full valid- produce such a passport for cancella- ity period must be made in writing and tion, he or she shall submit a signed must be submitted, with the passport, statement setting forth the cir- to a passport issuing Office. In no event cumstances surrounding the disposi- may a passport be extended beyond the tion of the passport and if it is claimed normal period of validity prescribed for to have been lost, the efforts made to such passport by paragraphs (b) recover it. A determination will then through (e) of this section. be made whether to issue a new pass- (g) Cancellation of passport endorsed as port and whether such passport shall valid only for travel to Israel. The valid- be limited as to place and periods of ity of any passport which has been validity. issued and endorsed as valid only for (22 U.S.C. 2658 and 3926) travel to Israel is cancelled effective April 25, 1992. Where it is determined [31 FR 13540, Oct. 20, 1966, as amended at 31 FR 14521, Nov. 11, 1966; 49 FR 16989, Apr. 23, that its continued use is warranted, 1984] the validity of such passport may be renewed or extended for additional pe- § 51.9 Passport property of the U.S. riods of two years upon cancellation of Government. the Israel-only endorsement. In no A passport shall at all times remain event may the validity of such passport the property of the United States and be extended beyond the normal period shall be returned to the Government of validity prescribed for such passport upon demand.

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Subpart B—Application (6) A diplomatic officer, a consular officer, an overseas nationality exam- § 51.20 General. iner, a consular agent or a notarial officer abroad; or An application for a passport or for (7) Any other persons specifically an amendment of a passport shall be designated by the Secretary. completed upon such forms as may be (c) Persons in the United States who prescribed by the Department. The have previously been issued a full validity passport applicant shall truthfully an- passport. A person in the United States swer all questions, and shall state each who has been issued a passport in his or and every material matter of fact, per- her own name may obtain a new pass- taining to his or her eligibility for a port by filling out and mailing a spe- passport. All information and evidence cially prescribed application together submitted in connection with an appli- with his or her previous passport, two cation shall be considered a part there- recent photographs, and the estab- of. lished fee to the nearest U.S. passport (22 U.S.C. 2658 and 3926) agency, provided: (1) The most recently issued previous [33 FR 12043, Aug. 24, 1968, as amended at 49 FR 16989, Apr. 23, 1984] passport was issued when the applicant was 16 years of age or older. § 51.21 Execution of passport applica- (2) The application is made not more tion. than 15 years following the issue date of the previous passport; (a) First time applicants or persons who (3) The most recently issued previous have not been issued a passport within passport is submitted with the new ap- the past fifteen years. A person who has plication. never been issued a passport in his or (d) Persons outside of the United States her own name, or who has not been who have previously been issued a full va- issued a passport in his or her own lidity passport. In a foreign country in name within 15 years of the date of a which a U.S. consular district has been new application, shall appear in person designated by the Secretary to receive before a person authorized by the Sec- such passport applications, a person retary to give oaths, verify the applica- who has been issued a passport in his or tion by oath or affirmation before that her own name may obtain a new pass- authorized person, provide two recent port by filling out a specially pre- photographs, and pay the established scribed application and sending it (by fees. mail or as prescribed by the Secretary), (b) Persons authorized by the Secretary together with his or her previous pass- to give oaths. The following persons are port, two recent photographs, and the authorized by the Secretary to give established fee to the consular office in oaths for passport purposes unless the consular district in which he or she withdrawn by the Secretary in an indi- is present, provided: vidual case: (1) The most recently issued passport (1) A passport agent; was issued when the applicant was 16 (2) A clerk of any Federal court; years of age or older. (3) A clerk of any State court of (2) The application is made not more record or a judge or clerk of any pro- than 15 years following the issue date bate court; of the previous passport; (4) A postal employee designated by (3) The most recently issued previous the postmaster at a post office which passport is submitted with the new ap- has been selected to accept passport plication. applications; (4) In a Consular district specifically (5) A U.S. citizen employee of the De- authorized by the Secretary to waive partment of Defense designated by the personal appearance of minors in ac- Secretary of Defense to accept passport cordance with this subsection, a U.S. applications at a military installation consular officer may waive the age re- within the continental United States quirement established for use of the selected to accept passport applica- mail application, where the consular tions; officer determines that:

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(i) The minor and, if applicable, the photographs should be sufficiently re- U.S. citizen parent(s) or legal guardian cent to be a good likeness of and satis- are registered in that consular district; factorily identify the applicant. The (ii) Mail applications abroad on be- photographs shall be signed in the half of minors under the age of 14 must same manner and form as required in comply with the requirements of § 51.27; the application. (iii) The waiver of the age require- (b) Photographs of uniformed per- ment is otherwise in the interest of sonnel. Only applicants who are in the consular efficiency; and, active service of the Armed Forces and (iv) The waiver will not otherwise proceeding abroad in the discharge of compromise the integrity of the pass- their duties may submit photographs port application process. in the uniform of the Armed Forces of the United States. [44 FR 19393, Apr. 3, 1979, as amended at SD– 165, 46 FR 2343, Jan. 9, 1981; 46 FR 16257, Mar. (c) Unacceptable photographs. A pho- 12, 1981; 51 FR 20475, June 5, 1986; 55 FR 21538, tograph with a waxed back or other May 25, 1990; 57 FR 59807, Dec. 16, 1992; 61 FR coating which lessens adhesiveness is 43312, Aug. 22, 1996; 65 FR 39288, June 26, 2000; not acceptable. Newspaper or magazine 66 FR 29906, June 4, 2001] pictures, snapshots, or full length photographs are not acceptable. Photo- § 51.22 [Reserved] graphs of persons in the uniform of a § 51.23 Name of applicant to be used in civilian organization, except religious passport. dress, will not generally be accepted. The passport application shall con- (22 U.S.C. 2658 and 3926) tain the full name of the applicant. The [31 FR 13540, Oct. 20, 1966, as amended at 43 applicant shall explain any material FR 1791, Jan. 12, 1978; 44 FR 19394, Apr. 3, discrepancies between the name to be 1979; SD–165, 46 FR 2343, Jan. 9, 1981; 49 FR placed in the passport and the name re- 16989, Apr. 23, 1984] cited in the evidence of citizenship and identity submitted. The passport § 51.26 Incompetents. issuing office may require documen- A parent, a legal guardian, or a per- tary evidence or affidavits of persons son in loco parentis shall execute a having knowledge of the facts to sup- passport application on behalf of a per- port the explanation of the discrep- son declared incompetent. ancies. § 51.27 Minors. [SD–165, 46 FR 2343, Jan. 9, 1981] (a) Definitions. A minor is an unmar- § 51.24 Change of name. ried person under the age of 18 years. An applicant whose name has been (b) Execution of the application for mi- changed by court order or decree shall nors. (1) Minors 14 years of age and submit with his or her application a above. A minor aged 14 and above is re- certified copy of the order or decree. quired to execute an application on his An applicant who has changed his or or her own behalf unless, in the judg- her name by the adoption of a new ment of the person before whom the ap- name without formal court proceedings plication is executed, it is not desirable shall submit with his or her applica- for the minor to execute his or her own tion evidence that he or she has pub- application. In such a case, it must be licly and exclusively used the adopted executed on behalf of the minor aged 14 name over a long period of time. and above by a parent or guardian of the minor or by a person in loco (22 U.S.C. 2658 and 3926) parentis. [31 FR 13540, Oct. 20, 1966, as amended at 49 (2) Minors under the age of 14. (i) Ex- FR 16989, Apr. 23, 1984] cept as specifically provided in this section, both parents or each of the § 51.25 Photographs. child’s legal guardians, if any, whether (a) Photographs of bearer. The appli- applying for a passport for the first cant shall submit with his or her appli- time or for a renewal, must execute the cation duplicate photographs of the application on behalf of a minor under size specified in the application. The age 14 under penalty of perjury, and

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provide documentary evidence of par- (G) A death certificate for the non- entage showing the minor’s name, date applying parent; or and place of birth, and the names of (H) A copy of a Commitment Order or the parent or parents. comparable document for an incarcer- (ii) A passport application may be ex- ated parent. ecuted on behalf of a minor under age (v) In instances when a parent sub- 14 by just one parent or legal guardian mits a custody decree invoking the if such person provides, under penalty provisions of paragraph (d)(1) of this of perjury: section, the judicial limitations on the (A) Documentary evidence that such minor’s ability to travel contained in person is the sole parent or has sole the custody decree will be given effect. custody of the child; or (vi) The requirements of paragraphs (B) A written statement of consent (b)(2)(i), (ii) and (iii) of this section from the non-applying parent or guard- may be waived in cases of exigent or ian, if applicable, to the issuance of the special family circumstances, as deter- passport. mined by a Department official des- (iii) An individual may apply in loco ignated under paragraph (b)(2)(vi)(E) of parentis on behalf of a minor under age this section. 14 by submitting a notarized written statement or a notarized affidavit from (A) Exigent circumstances are de- both parents specifically authorizing fined as time-sensitive circumstances the application. However, if only one in which the inability of the minor to parent provides the notarized written obtain a passport would jeopardize the statement or notarized affidavit, docu- health and safety or welfare of the mentary evidence that such parent has minor or would result in the child sole custody of the child must be pre- being separated from the rest of his or sented. her traveling party. (iv) Documentary evidence in support (B) ‘‘Time-sensitive’’ generally of an application executed on behalf of means that there is not enough time a minor under age 14 by one parent or before the minor’s emergency travel to person in loco parentis under para- obtain either the required consent of graphs (b)(2)(ii) and (iii) of this section both parents/guardians or documenta- may include, but is not limited to, the tion reflecting a sole parent’s/guard- following: ian’s custody rights. (A) A birth certificate providing the (C) Special family circumstances are minor’s name, date and place of birth circumstances in which the minor’s and the name of the sole parent; family situation makes it impossible (B) A Consular Report of Birth for one or both of the parents to exe- Abroad of a Citizen of the United cute the passport application. States of America (FS–240) or a Certifi- (D) A parent applying for a passport cation of Report of Birth of a United for a child under age 14 under this States Citizen (DS–1350) providing the paragraph (b)(2)(vi) must submit with minor’s name, date and place of birth the application a written statement and the name of the sole parent; subscribed under penalty of perjury de- (C) An adoption decree showing only scribing the exigent or special family one adopting parent; circumstances the parent believes (D) An order of a court of competent should be taken into consideration in jurisdiction granting sole custody to applying an exception. the applying parent or legal guardian and containing no travel restrictions (E) Determinations under this para- inconsistent with issuance of the pass- graph (b)(2)(vi) may be made by a sen- port; ior passport adjudicator or the Deputy (E) A judicial declaration of incom- Assistant Secretary for Passport Serv- petence of the non-applying parent; ices for an application filed within the (F) An order of a court of competent United States, or a consular officer or jurisdiction specifically permitting the the Deputy Assistant Secretary for applying parent’s or guardian’s travel Overseas Citizens Services for an appli- with the child; cation filed abroad.

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(vii) Nothing contained in this sec- § 51.28 Identity of applicant. tion shall prohibit any Department of- (a) If the applicant is not personally ficial adjudicating a passport applica- known to the official receiving the ap- tion on behalf of a minor from requir- plication he or she shall establish his ing an applicant to submit other docu- or her identity by the submission of a mentary evidence deemed necessary to previous passport, other identifying establish the applying adult’s entitle- documents or by an identifying wit- ment to obtain a passport on behalf of a minor under the age of 14 in accord- ness. ance with the provisions of this regula- (b) If an applicant submits an appli- tion. cation under the provisions of para- (c) Objection by parent, guardian or graph (c) of § 51.21 he or she must sub- person in loco parentis in cases not in- mit a prior passport with his or her ap- volving a custody dispute. At any time plication. prior to the issuance of a passport to a (c) Any official receiving an applica- minor, the application may be dis- tion for a passport or any Passport approved and a passport will be denied Issuing Office may require such addi- upon receipt of a written objection tional evidence of identity as may be from a person having legal custody of deemed necessary. the minor. (22 U.S.C. 2658 and 3926) (d) Objection by parent, guardian or person in loco parentis in cases where [33 FR 12043, Aug. 24, 1968, as amended at SD– 165, 46 FR 2343, Jan. 9, 1981; 49 FR 16989, Apr. minors are the subject of a custody dis- 23, 1984] pute. (1)(i) When there is a dispute con- § 51.30 Persons unacceptable as wit- cerning the custody of a minor under nesses. age 18, a passport may be denied if the The passport issuing office will not Department has on file, or is provided accept as witness to a passport applica- in the course of a passport application tion a person who has received or ex- executed on behalf of a minor, a copy pects to receive a fee for his services in of a court order from a court of com- connection with executing the applica- petent jurisdiction in the United tion or obtaining the passport. States or abroad which: (2) Either parent may obtain infor- § 51.31 Affidavit of identifying witness. mation regarding the application for and issuance of a passport to a minor (a) An identifying witness shall exe- unless the inquiring parent’s parental cute an affidavit stating: That he or rights have been terminated by a court she resides at a specific address; that order which has been registered with he or she knows or has reason to be- the appropriate office at the Depart- lieve that the applicant is a citizen of ment of State; provided, however, that the United States; the basis of his or the Department may deny such infor- her knowledge concerning the appli- mation to any parent if it determines cant; and that the information set out that the minor is of sufficient maturity in his or her affidavit is true to the to assert a privacy interest in his/her best of his or her knowledge and belief. own right, in which case the minor’s (b) If the witness has a U.S. passport, written consent to disclosure shall be he or she shall state the place of issue required. and, if possible, the number and ap- (3) The Department may require that proximate date of issue. conflicts regarding custody orders, (c) The identifying witness shall sub- whether domestic or foreign, be settled scribe to his or her statement before by the appropriate court before a pass- the same person who took the passport port may be issued. application. (22 U.S.C. 2658 and 3926) (22 U.S.C. 2658 and 3926) [31 FR 13540, Oct. 20, 1966, as amended at 61 [31 FR 13540, Oct. 20, 1966, as amended at 31 FR 6505, Feb. 21, 1996; 66 FR 29906, June 4, FR 14522, Nov. 11, 1966; 49 FR 16989, Apr. 23, 2001] 1984]

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§ 51.32 Amendment of passports. when birth records were filed, he or she must submit a ‘‘no record’’ certifi- Applicants for amendment of a pass- cation from the official custodian of port shall be made on forms prescribed such birth records before secondary by the Department. evidence may be considered. The pass- [SD–165, 46 FR 2343, Jan. 9, 1981] port issuing office will consider, as secondary evidence, baptismal certifi- § 51.33 Release of passport informa- cates, certificates of circumcision, or tion. other documentary evidence created Information in passport files is sub- shortly after birth but not more than 5 ject to the provisions of the Freedom of years after birth, and/or affidavits of Information Act (FOIA) and the Pri- persons having personal knowledge of vacy Act. Release of this information the facts of the birth. may be requested in accordance with (22 U.S.C. 2658 and 3926) the implementing regulations set forth in Subchapter R, Part 171 or Part 172 of [38 FR 4667, Feb. 20, 1973, as amended at 49 this title. FR 16989, Apr. 23, 1984] (22 U.S.C. 2658 and 3926; 5 U.S.C. 552, 552a) § 51.44 Persons born abroad applying for a passport for the first time. [61 FR 29940, June 13, 1996] (a) Naturalization in on right. A person naturalized in his or her own right as a Subpart C—Evidence of U.S. U.S. citizen shall submit with his or Citizenship or Nationality her application his or her certificate of naturalization. § 51.40 Burden of proof. (b) Derivative citizenship at birth. (1) The applicant has the burden of prov- An applicant who claims to have de- ing that he or she is a national of the rived citizenship by virtue of his or her United States. birth abroad to a U.S. citizen parent or [66 FR 29907, June 4, 2001] parents may submit his or her won certificate of citizenship (Section 1993, Re- § 51.41 Documentary evidence. vised Statutes, as amended by Act of Every application shall be accom- May 24, 1934; section 201 of the Nation- panied by evidence of the U.S. nationality Act of 1940; section 301 of the Im- ality of the applicant. migration and Nationality Act of 1952). (2) In lieu of a certificate of citizen- [66 FR 29907, June 4, 2001] ship, the applicant may submit evidence of his or her parent(s)’ citizen- § 51.43 Persons born in the United ship at the time of his or her birth, and States applying for a passport for evidence of his or her and his or her the first time. parent(s)’ residence and physical pres- (a) Primary evidence of birth in the ence in the United States. The passport United States. A person born in the issuing office may require the appli- United States in a place where official cant to establish the marriage of his or records of birth were kept at the time her parents and/or grandparents and of his or her birth shall submit with his or her relationship to them. the application for a passport a birth (c) Derivative citizenship subsequent to certificate under the seal of the official birth. (1) An applicant who claims U.S. custodian of birth records. To be ac- citizenship by virtue of the naturaliza- ceptable, a certificate must show the tion of his or her parent or parents sub- full name of the applicant place and sequent to his or her birth may submit date of birth, and that the record his or her own certificate of citizen- thereof was recorded at the time of ship. birth or shortly thereafter. (2) In lieu of a certificate of citizen- (b) Secondary evidence of birth in the ship the applicant may submit the nat- United States. If the applicant cannot uralization certificate of the parent or submit primary evidence of birth, he or parents through whom he or she claims she shall submit the best obtainable U.S. citizenship. In this case, he or she secondary evidence. If a person was must also show that he or she resided born at a place in the United States in the United States during minority

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as required by the law under which he § 51.47 Marriage prior to September or she claims citizenship. 22, 1922, to an alien who acquired (3) If an applicant claims citizenship U.S. citizenship by naturalization through a mother who resumed citizen- prior to September 22, 1922. ship or parent who was repatriated, he A woman citizen of the United States or she must submit evidence thereof. who lost her citizenship by virtue of The applicant must establish also that her marriage to an alien between he or she resided in the United States March 2, 1907, and September 22, 1922, for the period prescribed by law. and who reacquired U.S. citizenship through the naturalization of her hus- (22 U.S.C. 2658 and 3926) band prior to September 22, 1922, may [31 FR 13540, Oct. 20, 1966, as amended at 49 establish her U.S. citizenship by sub- FR 16989, Apr. 23, 1984] mitting her husband’s certificate of naturalization. MARRIED WOMEN § 51.48 Marriage between September 22, 1922, and March 3, 1931, to an § 51.45 Marriage to an alien prior to alien ineligible to citizenship. March 2, 1907. A woman citizen of the United States A woman citizen of the United States who lost her U.S. citizenship by virtue who married an alien prior to March 2, of her marriage to an alien ineligible 1907, did not lose her U.S. citizenship to citizenship between September 22, unless she acquired as a result of the 1922, and March 3, 1931, but who reac- marriage the nationality of her hus- quired her citizenship by naturaliza- band and thereafter took up a perma- tion in accordance with applicable law nent residence abroad prior to Sep- shall submit with her application her tember 22, 1922. certificate of naturalization (sec. 3 of the Act of Mar. 3, 1931). § 51.46 Marriage to an alien between March 2, 1907, and September 22, § 51.49 Marriage on or after September 1922. 22, 1922, to an alien eligible to naturalization. (a) A woman citizen of the United States who married an alien between A woman citizen of the United States who on or after September 22, 1922, March 2, 1907, and September 22, 1922, married an alien eligible for natu- lost her U.S. citizenship, except as pro- ralization did not thereby lose her U.S. vided in paragraph (b) of this section. citizenship and need only submit evi- At the termination of the marital rela- dence of her own citizenship before a tion she could resume her U.S. citizen- passport issuing office. ship, if abroad, by registering as a U.S. citizen within 1 year with a Consul of § 51.50 Alien born woman—marriage the United States, or by returning to to citizen prior to September 22, reside in the United States, or, if resi- 1922. dent in the United States, by con- An alien woman who acquired U.S. tinuing to reside therein. (Section 3 of citzenship by virtue of her marriage to the Act of March 2, 1907.) a citizen of the United States prior to (b) A woman citizen of the United September 22, 1922, shall submit with States who married an alien between her application evidence of her hus- April 6, 1917, and July 2, 1921, did not band’s citizenship and of the marriage. lose her citizenship, if the marriage (Section 1994 of the Revised Statutes.) terminated by death or divorce prior to CITIZENSHIP BY ACT OF CONGRESS OR July 2, 1921, or if her husband became a TREATY U.S. citizen prior to that date. She may establish her citizenship by prov- § 51.51 Former nationals of Spain or ing her U.S. citizenship prior to mar- Denmark. riage and the termination of the mar- Former nationals of Spain or Den- riage or acquisition of U.S. citizenship mark who acquired nationality or citi- by her husband prior to July 2, 1921. zenship of the United States under an act of Congress or treaty by virtue of

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residence in territory under the sov- tablish his or her U.S. citizenship or ereignty of the United States shall sub- nationality. mit evidence of their former nation- (22 U.S.C. 2658 and 3926) ality and of their residence in such territory. [31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984] § 51.52 Citizenship by birth in territory under sovereignty of the § 51.55 Return or retention of evidence of citizenship. United States. The passport issuing office will gen- A person claiming nationality or citi- erally return to the applicant evidence zenship of the United States under an submitted in connection with an appli- act of Congress or treaty by virtue of cation for passport facilities. However, his or her birth in territory under the the passport issuing office may retain sovereignty of the United States shall evidence when it deems necessary. submit evidence of his birth in such territory. Subpart D—Fees (22 U.S.C. 2658 and 3926) § 51.60 Form of remittance. [31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984] Passport fees in the United States shall be paid in U.S. currency or by § 51.53 Proof of resumption of U.S. citi- draft, check, or money order payable to zenship. the Department of State or the Pass- port Office. Passport fees abroad shall An applicant who claims that he or be paid in U.S. currency, travelers she resumed U.S. citizenship or was re- checks, money order, or the equivalent patriated under any of the nationality value of the fees in local currency. laws of the United States shall submit with the application a certificate of [31 FR 14522, Nov. 11, 1966] naturalization, a certificate of repatri- § 51.61 Passport fees. ation or evidence of the fact that he or she took an oath of allegiance in ac- Fees, including execution fees, shall cordance with the applicable provisions be collected for the following passport of the law. (Act of June 29, 1906, as services in the amounts prescribed in amended by Act of May 9, 1918; Act of the Schedule of Fees for Consular Serv- June 25, 1936, as amended by Act of ices (22 CFR 22.1): July 2, 1940, sections 317(b) and 323 of (a) A fee for each passport application filed, which fee shall vary depend- the Nationality Act of 1940 as amended ing on the age of the applicant. The by Acts of April 2, 1942, and August 7, passport application fee shall be paid 1946; Act of August 16, 1951, as amended by all applicants at the time of appli- by section 402(j) of the Immigration cation, except as provided in § 51.62(a), and Nationality Act of 1952; sections and is not refundable, except as pro- 324 and 327 of the Immigration and Na- vided in § 51.63. A person who is denied tionality Act of 1952; Act of July 20, a passport may request that the appli- 1954). cation be reconsidered without pay- (22 U.S.C. 2658 and 3926) ment of an additional fee upon the submission, within 90 days after the date [31 FR 13540, Oct. 20, 1966, as amended at 49 of the denial, of documentation not FR 16989, Apr. 23, 1984] previously presented that is sufficient to establish citizenship or entitlement § 51.54 Requirement of additional evi- to a passport. dence of U.S. citizenship. (b) A fee for execution of the passport Nothing contained in §§ 51.43 through application, except as provided in 51.53 shall prohibit the Department § 51.62 (b), when the applicant is re- from requiring an applicant to submit quired to execute the application in other evidence deemed necessary to es- person before a person authorized to

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administer oaths for passport purposes. § 51.63 Refunds. This fee shall be collected as part of A collected passport application fee the passport application fee at the time shall be refunded: of application and is not refundable (a) To any person exempt from the (see § 51.65). When execution services payment of passport fees under § 51.62 are provided by an official of a state or from whom fees were erroneously col- local government or of the United lected. States Postal Service, the fee may be (b) For procedures on refunds of $5.00 retained by that entity to cover the or less see § 22.6(b) of this title. costs of service pursuant to an appro- (c) The passport expedite fee will be priate agreement with the Department refunded if the Passport Agency does of State. not provide the requested expedited (c) A fee for expedited services, if processing as defined in § 51.66. any, provided pursuant to § 51.66. [33 FR 12043, Aug. 24, 1968, as amended at 52 [67 FR 34838, May 16, 2002] FR 29515, Aug. 10, 1987; 59 FR 48999, Sept. 26, 1994; Redesignated and amended at 63 FR § 51.62 Exemption from payment of 5103, Jan. 30, 1998; 65 FR 14212, Mar. 16, 2000] passport or execution fee. § 51.64 Replacement passports. (a) The following persons are exempt A passport issuing office shall issue a from the payment of passport fees: replacement passport without payment (1) An officer or employee of the U.S. of a fee: proceeding abroad on official business, (a) To correct an error or rectify a or the members of his or her immediate mistake of the Department. family authorized to accompany or re- (b) When exceptional circumstances side with him or her abroad. The appli- exist as determined by the Secretary. cant shall submit evidence of the official purpose of his or her travel and if [31 FR 13540, Oct. 20, 1966. Redesignated at 63 applicable his or her authorization to FR 5103, Jan. 30, 1998] have dependents accompany or reside § 51.65 Execution fee not refundable. with him or her abroad. The fee for the execution of a pass- (2) An American sailor who requires a port application cannot be refunded. passport in connection with his or her duties aboard an American flag-vessel. [31 FR 13540, Oct. 20, 1966. Redesignated at 63 (3) A widow, child, parent, brother, or FR 5103, Jan. 30, 1998] a sister of a deceased American service member proceeding abroad to visit the § 51.66 Expedited passport processing. grave of such service member. (a) Within the United States, an ap- (4) An employee of the United Sea- plicant for a passport service (includ- men’s Service who requires a passport ing issuance, amendment, extension, or for travel to assume or perform duties the addition of visa pages) may request thereof. The applicant shall submit expedited processing by a Passport with his or her application a letter Agency. All requests by applicants for from the United Seamen’s Service cer- in-person services at a Passport Agen- tifying that he or she is proceeding cy shall be considered requests for ex- abroad on official business to provide pedited processing, unless the Depart- facilities and services for U.S. mer- ment has determined that the appli- chant seamen. cant is required to apply at a U.S. (b) No person described in paragraph Passport Agency. (a) (1), (2), (3), or (4) of this section (b) Expedited passport processing shall be required to pay an execution shall mean completing processing fee when his or her application is exe- within 3-business days commencing cuted before a Federal official. when the application reaches a Pass- port Agency or, if the application is al- (22 U.S.C. 2658 and 3926) ready with a Passport Agency, com- [33 FR 12043, Aug. 24, 1968, as amended at 37 mencing when the request for expe- FR 6053, Mar. 24, 1972; 49 FR 16989, Apr. 23, dited processing is approved. The proc- 1984; Redesignated at 63 FR 5103, Jan. 30, essing will be considered completed 1998.] when the passport is ready to be picked

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up by the applicant or is mailed to the 1783 of title 28, United States Code, in applicant. a matter involving Federal prosecution (c) A fee shall be collected for expe- for, or grand jury investigation of, a dited processing service in the amount felony; or prescribed in the Schedule of Fees for (6) The applicant has not repaid a Consular Services (22 CFR 22.1). This loan received from the United States as amount will be in addition to any other prescribed under §§ 71.10 and 71.11 of applicable fee and does not include ur- this chapter; or gent mailing costs, if any. (7) The applicant is in default on a (d) A request for expedited processing loan received from the United States to normally will be accepted only if the effectuate his or her return from a for- applicant can document urgent depar- eign country in the course of travel ture with airline tickets showing con- abroad; or firmed reservation or similar evidence. (8) The applicant has been certified The Passport Agency may decline to by the Secretary of Health and Human accept the request if it is apparent at Services as notified by a State agency the time it is made that the request under 42 U.S.C. 652(k) to be in arrears cannot be granted. of child support in an amount exceed- (e) The expedite fee may be waived ing $5,000.00. only where the need for expedited proc- (b) A passport may be refused in any essing was necessary due to Depart- case in which the Secretary of State ment error, mistake or delay. determines or is informed by competent authority that: [59 FR 49000, Sept. 26, 1994. Redesignated and (1) The applicant has not repaid a amended at 63 FR 5103, Jan. 30, 1998] loan received from the United States to effectuate his or her return from a for- Subpart E—Limitation on Issuance eign country in the course of travel or Extension of Passports abroad; or (2) The applicant has been legally de- § 51.70 Denial of passports. clared incompetent unless accom- (a) A passport, except for direct re- panied on his or her travel abroad by turn to the United States, shall not be the guardian or other person respon- issued in any case in which the Sec- sible for the national’s custody and retary of State determines or is in- well being; or formed by competent authority that: (3) The applicant is under the age of (1) The applicant is the subject of an 18 years, unmarried and not in the outstanding Federal warrant of arrest military service of the United States for a felony, including a warrant issued unless a person having legal custody of under the Federal Fugitive Felon Act such national authorizes issuance of (18 U.S.C. 1073); or the passport and agrees to reimburse (2) The applicant is subject to a the United States for any monies ad- criminal court order, condition of pro- vanced by the United States for the bation, or condition of parole, any of minor to return to the United States; which forbids departure from the or United States and the violation of (4) The Secretary determines that which could result in the issuance of a the national’s activities abroad are Federal warrant of arrest, including a causing or are likely to cause serious warrant issued under the Federal Fugi- damage to the national security or the tive Felon Act; or foreign policy of the United States; or (3) The applicant is subject to a court (5) The applicant has been the subject order committing him or her to a men- of a prior adverse action under this sec- tal institution; or tion or § 51.71 and has not shown that a (4) The applicant is the subject of a change in circumstances since the ad- request for extradition or provisional verse action warrants issuance of a arrest for extradition which has been passport; or presented to the government of a for- (6) The applicant is subject to an eign country; or order of restraint or apprehension (5) The applicant is the subject of a issued by an appropriate officer of the subpoena issued pursuant to section United States Armed Forces pursuant

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to chapter 47 of title 10 of the United (c) Notwithstanding paragraphs (a) States Code. and (b) of this section the Secretary of (Approved by the Office of Management and State may issue a passport when the Budget under control number 1405–0077) competent authority confirms, or the Secretary of State otherwise finds, [54 FR 8531, Mar. 1, 1989, as amended at 62 FR 62695, Nov. 25, 1997] that emergency circumstances or humanitarian reasons exist. § 51.71 Denial of passports to certain convicted drug traffickers. (Approved by the Office of Management and Budget under control number 1405–0077) (a) A passport shall not be issued in any case in which the Secretary of [54 FR 8532, Mar. 1, 1989] State determines or is informed by competent authority that the appli- § 51.72 Revocation or restriction of cant is subject to imprisonment or su- passports. pervised release as the result of a fel- A passport may be revoked or re- ony conviction for a Federal or state stricted or limited where: drug offense if the individual used a (a) The national would not be enti- U.S. passport or otherwise crossed an tled to issuance of a new passport international border in committing the under § 51.70 or § 51.71; or offense, including a felony conviction (b) The passport has been obtained il- arising under: legally, by fraud, or has been fraudu- (1) The Controlled Substances Act (21 lently altered, or has been fraudulently U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 misused, or has been issued in error; or U.S.C. 951 et seq.); or (c) The Department of State is noti- (2) Any Federal law involving con- fied that a certificate of naturalization trolled substances as defined in section issued to the applicant for or bearer of 802 of the Controlled Substances Act the passport has been canceled by a (21 U.S.C. 801 et seq.); or federal court. (3) The Bank Secrecy Act (31 U.S.C. [54 FR 8532, Mar. 1, 1989, as amended at 64 FR 5311 et seq.) or the Money Laundering 19714, Apr. 22, 1999] Act (18 U.S.C. 1956 et seq.) if the Sec- retary of State is in receipt of informa- § 51.73 Passports invalid for travel tion that supports the determination into or through restricted areas. that the violation involved is related to ilicit production of or trafficking in (a) Unless specifically validated a controlled substance; or therefore, U.S. passports shall cease to (4) Any state law involving the man- be valid for travel into or through a ufacture, distribution, or possession of country or area which the Secretary a controlled substance. has determined is: (b) A passport may be refused in any (1) A country with which the United case in which the Secretary of State States is at war, or determines or is informed by com- (2) A country or area where armed petent authority that the applicant is hostilities are in progress; or subject to imprisonment or supervised (3) A country or area in which there release as the result of a misdemeanor is imminent danger to the public conviction of a Federal or state drug health or physical safety of United offense if the individual used a U.S. States travelers. passport or otherwise crossed an inter- (b) Any determination made under national border in committing the of- paragraph (a) of this section shall be fense, other than a first conviction for possession of a controlled substance, published in the FEDERAL REGISTER including a misdemeanor conviction along with a statement of the cir- arising under: cumstances requiring this restriction. (1) The federal statutes described in (c) Unless limited to a shorter period, § 51.71(a); or any such restriction shall expire at the (2) Any state law involving the man- end of one year from the date of publi- ufacture, distribution, or possession of cation of such notice in the FEDERAL a controlled substance.

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REGISTER, unless extended or sooner re- the adverse action and the procedures voked by the Secretary by public no- for review available under §§ 51.81 tice. through 51.105. [45 FR 11128, Feb. 20, 1980. Redesignated at 54 (22 U.S.C. 2658 and 3926) FR 8532, Mar. 1, 1989] [33 FR 12043, Aug. 24, 1968, as amended at 49 § 51.74 Special validation of passports FR 16989, Apr. 23, 1984] for travel to restricted areas. § 51.76 Surrender of passport. (a) A United States National wishing The bearer of a passport which is re- a validation of his passport for travel voked shall surrender it to the Depart- to, in, or through a restricted country ment or its authorized representative or area may apply for a special valida- upon demand and upon his or her re- tion to the Office of Passport Services, fusal to do so such passport may be in- a passport agency, or a foreign service validated by notifying the bearer in post authorized to issue passports. The application shall be accompanied by writing of the invalidation. evidence that the applicant falls within (22 U.S.C. 2658 and 3926) the standards set out in paragraph (c) [31 FR 13540, Oct. 20, 1966, as amended at 49 of this section. FR 16989, Apr. 23, 1984] (b) The Assistant Secretary of State for Consular Affairs or an authorized designee of that official shall decide Subpart F—Procedures for Review whether or not to grant a special vali- of Adverse Action dation. The special validation shall be § 51.80 The applicability of §§ 51.81 granted only when such action is deter- through 51.89. mined to be in the national interest of the United States. (a) The provisions of §§ 51.81 through (c) An application may be considered 51.89 do not apply to any action of the if: Secretary of State taken on an indi- (1) The applicant is a professional re- vidual basis in denying, restricting, reporter, the purpose of whose trip is to voking or invalidating a passport or in obtain, and make available to the pub- any other way adversely affecting the lic, information about the restricted ability of a person to receive or use a area; or passport by reason of: (2) The applicant is a representative (1) Noncitizenship, of the American Red Cross; or (2) Refusal under the provisions of (3) The applicant establishes that his § 51.70(a)(8), or her trip is justified by compelling (3) Refusal to grant a discretionary humanitarian considerations; or exception under the emergency or hu- (4) The applicant’s request is other- manitarian relief provisions of wise in the national interest. § 51.71(c), or (4) Refusal to grant a discretionary (Sec. 1, 44 Stat. 887, as amended (22 U.S.C. exception from geographical limita- 211a); sec. 4, 63 Stat. 111, as amended (22 U.S.C. 2658); E.O. 11295, 36 FR 10603; 3 CFR tions of general applicability. 1966–70 Comp., 507; E.O. 12211, 45 FR 26685) (b) The provisions of this subpart shall otherwise constitute the adminis- [45 FR 30619, May 9, 1980. Redesignated at 54 trative remedies provided by the De- FR 8532, Mar. 1, 1989] partment to persons who are the sub- § 51.75 Notification of denial or with- jects of adverse action under §§ 51.70, drawal of passport. 51.71 or 51.72. Any person whose application for [65 FR 39288, June 26, 2000] issuance of a passport has been denied, or who has otherwise been the subject § 51.81 Time limits on hearing to re- of an adverse action taken on an indi- view adverse action. vidual basis with respect to his or her A person who has been the subject of right to receive or use a passport shall an adverse action with respect to his or be entitled to notification in writing of her right to receive or use a passport the adverse action. The notification shall be entitled, upon request made shall set forth the specific reasons for within 60 days after receipt of notice of

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such adverse action, to require the De- United States or be admitted to prac- partment or the appropriate Foreign tice before the courts of the country in Service post, as the case may be, to es- which the hearing is to be held. tablish the basis for its action in a proceeding before a hearing officer. If no (22 U.S.C. 2658 and 3926) such request is made within 60 days, [36 FR 9068, May 19, 1971, as amended at 49 the adverse action will be considered FR 16989, Apr. 23, 1984; 64 FR 19715, Apr. 22, final and not subject to further admin- 1999] istrative review. If such request is made within 60 days, the adverse ac- § 51.85 Proceedings before the hearing tion shall be automatically vacated un- officer. less such proceeding is initiated by the The person adversely affected may Department or the appropriate Foreign appear and testify in his or her own be- Service post, as the case may be, with- half and may himself, or by his or her in 60 days after request, or such longer attorney, present witnesses and offer period as is requested by the person ad- other evidence and make argument. If versely affected and agreed to by the any witness whom the person adversely hearing officer. affected wishes to call is unable to ap- (22 U.S.C. 2658 and 3926) pear in person, the hearing officer may, [31 FR 13540, Oct. 20, 1966, as amended at 49 in his or her discretion, accept an affi- FR 16989, Apr. 23, 1984] davit by the witness or order evidence to be taken by deposition. The person § 51.82 Notice of hearing. adversely affected shall be entitled to The person adversely affected shall be informed of all the evidence before receive not less than 5 business days’ the hearing officer and of the source of notice in writing of the scheduled date such evidence, and shall be entitled to and place of the hearing. confront and cross-examine any ad- § 51.83 Functions of the hearing offi- verse witness. The person shall, upon cer. request by the hearing officer, confirm his or her oral statements in an affi- The hearing officer shall act on all requests for review under § 51.81. He davit for the record. shall make findings of fact and submit (22 U.S.C. 2658 and 3926) recommendations to the Deputy As- sistant Secretary for Passport Services [31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984] in the Bureau of Consular Affairs. In making his or her findings and rec- § 51.86 Admissibility of evidence. ommendations, the hearing officer shall not consider confidential security The person adversely affected and the information unless that information is Department may introduce such evi- made available to the person adversely dence as the hearing officer deems affected and is made part of the record proper. Formal rules of evidence shall of the hearing. not apply, but reasonable restrictions shall be imposed as to relevancy, com- (22 U.S.C. 2658 and 3926) petency and materiality of evidence [31 FR 13540, Oct. 20, 1966, as amended at 49 presented. FR 16989, Apr. 23, 1984; 64 FR 19715, Apr. 22, 1999] § 51.87 Privacy of hearing. § 51.84 Appearance at hearing. The hearing shall be private. There The person adversely affected may shall be present at the hearing only the appear at the hearing in person or with person adversely affected, his or her at- his or her attorney, or by his or her attorney, the hearing officer, official ste- torney. The attorney must be admitted nographers, employees of the Depart- to practice in any State of the United ment directly concerned with the pres- States, the District of Columbia, or entation of the case, and the witnesses. any territory or possession of the

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Witnesses shall be present at the hear- § 52.1 Celebration of marriage. ing only while actually giving testi- Foreign Service officers are forbidden mony or when otherwise directed by to celebrate marriages. the hearing officer. [31 FR 13546, Oct. 20, 1966] (22 U.S.C. 2658 and 3926) [31 FR 13540, Oct. 20, 1966, as amended at 49 § 52.2 Authentication of marriage and FR 16989, Apr. 23, 1984] divorce documents. (a) Whenver a consular officer is re- § 51.88 Transcript of hearing. quested to authenticate the signature A complete verbatim stenographic of local authorities on a document of transcript shall be made of the hearing marriage when he was not a witness to by a qualified reporter, and the tran- the marriage, he shall include in the script shall constitute a permanent body of his certificate of authentica- part of the record. Upon request, the tion the qualifying statement, ‘‘For appellant or his or her counsel shall be the contents of the annexed document, entitled to inspect the complete tran- the Consulate (General) assumes no re- script and to purchase a copy thereof. sponsibility.’’ (22 U.S.C. 2658 and 3926) (b) A consular officer shall include the same statement in certificates of [31 FR 13540, Oct. 20, 1966, as amended at 49 authentication accompanying decrees FR 16989, Apr. 23, 1984] of divorce. § 51.89 Decision of Deputy Assistant [31 FR 13546, Oct. 20, 1966. Redesignated at 51 Secretary for Passport Services. FR 26247, July 22, 1986] The person adversely affected shall § 52.3 Certification as to marriage be promptly notified in writing of the laws. decision of the Deputy Assistant Sec- retary for Passport Services, and, if the Although a consular officer may have decision is adverse to that person, the knowledge respecting the laws of mar- notification shall state the reasons for riage, he shall not issue any official the decision. The notification shall certificate with respect to such laws. also state that the adversely affected [31 FR 13546, Oct. 20, 1966. Redesignated at 51 person may request reconsideration FR 26247, July 22, 1986] within 60 days from the date of the notice of the adverse action. If no request PART 53—PASSPORT REQUIREMENT is made within that period, the deci- AND EXCEPTIONS sion is considered final and not subject to further administrative review; a de- Sec. cision on a request for reconsideration 53.1 Passport requirement. is also administratively final. Nothing 53.2 Exceptions. in this section, however, shall be con- 53.3 Attempt of a citizen to enter without a sidered to bar the adversely affected valid passport. person from submitting a new passport 53.4 Optional use of a valid passport. application as provided for in subparts B through D of this part. AUTHORITY: 8 U.S.C. 1185; Proc. 3004, 18 FR 489, 3 CFR, 1949–1953 Comp., p. 180.

[64 FR 19715, Apr. 22, 1999] SOURCE: 31 FR 13546, Oct. 20, 1966, unless otherwise noted. PART 52—MARRIAGES § 53.1 Passport requirement. Sec. Under section 215(b) of the Immigra- 52.1 Celebration of marriage. tion and Nationality Act (8 U.S.C. 52.2 Authentication of marriage and divorce 1185(b), it is unlawful except as other- documents. wise provided for any citizen of the 52.3 Certification as to marriage laws. United States to depart from or enter, AUTHORITY: Sec. 4, 63 Stat. 111, as amended; or attempt to depart from or enter, the 22 U.S.C. 2658. United States without a valid passport.

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§ 53.2 Exceptions. such child will be required to provide A U.S. citizen is not required to bear evidence of his U.S. citizenship when a valid passport to enter or depart the entering the United States; United States: (g) When the citizen entering the (a) When traveling directly between United States presents a card of iden- parts of the United States as defined in tity and registration issued by a con- § 50.1 of this chapter; sular office abroad to facilitate travel (b) When traveling between the to the United States; or United States and any country, terri- (h) When specifically authorized by tory, or island adjacent thereto in the Secretary of State through appro- North, South or Central America ex- priate official channels to depart from cluding Cuba; provided, that this ex- or enter the United States, as defined ception is not applicable to any such in § 50.1 of this chapter. The fee for a person when proceeding to or arriving waiver of the passport requirement from a place outside the United States under this section shall be collected in for which a valid passport is required the amount prescribed in the Schedule under this part if such travel is accom- of Fees for Consular Services (22 CFR plished within 60 days of departure 22.1). from the United States via any country [31 FR 13546, Oct. 20, 1966, as amended at 37 or territory in North, South or Central FR 11459, June 8, 1972; 51 FR 26247, July 22, America or any island adjacent there- 1986] to; (c) When traveling as a bona fide sea- § 53.3 Attempt of a citizen to enter man or air crewman who is the holder without a valid passport. of record of a valid merchant mariner The appropriate officer at the port of identification document or air crew- entry shall report to the Secretary of man identification card; State for the purpose of invoking the (d) When traveling as a member of waiver provisions of § 53.2(h), any cit- the Armed Forces of the United States izen of the United States who attempts on active duty; to enter the United States contrary to (e) When he is under 21 years of age the provisions of this part. and is a member of the household of an official or employee of a foreign gov- § 53.4 Optional use of a valid passport. ernment or of the United Nations and Nothing in this part shall be con- is in possession of or included in a for- strued to prevent a citizen from using eign passport; a valid passport in a case in which that (f) When he is a child under 12 years passport is not required by this part 53, of age and is included in the foreign provided such travel is not otherwise passport of an alien parent; however, prohibited.

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