8 CFR § 301.1 - Procedures.

---
identifier: "/us/cfr/t8/s301.1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 301.1 - Procedures."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "301.1"
section_name: "Procedures."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "C"
subchapter_name: "NATIONALITY REGULATIONS"
part_number: "301"
part_name: "NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1103, 1401; 8 CFR part 2."
regulatory_source: "62 FR 39927, July 25, 1997, unless otherwise noted."
cfr_part: "301"
---


# 301.1 Procedures.

(a) *Application.* (1) As provided in 8 CFR part 341, a person residing in the United States who desires to be documented as a United States citizen pursuant to section 301(h) of the Act may apply for a passport at a United States passport agency or may submit an application on the form specified by USCIS in accordance with the form instructions and with the fee prescribed by 8 CFR 106.2. The applicant will be notified when and where to appear before a USCIS officer for examination on his or her application.

(2) A person residing outside of the United States who desires to be documented as a United States citizen under section 301(h) of the Act shall make his or her claim at a United States embassy or consulate, in accordance with such regulations as may be prescribed in the Secretary of State.

(b) *Oath of allegiance; issuance of certificate.* Upon determination by the district director that a person is a United States citizen pursuant to section 301(h) of the Act, the person shall take the oath of allegiance, prescribed in 8 CFR part 337, before an officer of the Service designated to administer the oath of allegiance within the United States, and a certificate of citizenship shall be issued. The person shall be considered a United States citizen as of the date of his or her birth.

[62 FR 39927, July 25, 1997, as amended at 74 FR 26940, June 5, 2009; 76 FR 53797, Aug. 29, 2011; 85 FR 46928, Aug. 3, 2020]