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§ 51.41 22 CFR Ch.

I (4–1–09 Edition)

§ 51.41 Documentary evidence. (2) An applicant without one of these


The applicant must provide documen- documents must produce supporting
tary evidence that he or she is a U.S. documents as required by the Depart-
citizen or non-citizen national. ment, showing acquisition of U.S. citi-
zenship under the relevant provisions
§ 51.42 Persons born in the United of law.
States applying for a passport for
the first time. § 51.44 Proof of resumption or reten-
tion of U.S. citizenship.
(a) Primary evidence of birth in the
United States. A person born in the An applicant who claims to have re-
United States generally must submit a sumed or retained U.S. citizenship
birth certificate. The birth certificate must submit with the application a
must show the full name of the appli- certificate of naturalization or evi-
cant, the applicant’s place and date of dence that he or she took the steps
birth, the full name of the parent(s), necessary to resume or retain U.S. citi-
and must be signed by the official cus- zenship in accordance with the applica-
todian of birth records, bear the seal of ble provision of law.
the issuing office, and show a filing § 51.45 Department discretion to re-
date within one year of the date of quire evidence of U.S. citizenship or
birth. non-citizen nationality.
(b) Secondary evidence of birth in the
United States. If the applicant cannot The Department may require an ap-
submit a birth certificate that meets plicant to provide any evidence that it
the requirement of paragraph (a) of deems necessary to establish that he or
this section, he or she must submit sec- she is a U.S. citizen or non-citizen na-
ondary evidence sufficient to establish tional, including evidence in addition
to the satisfaction of the Department to the evidence specified in 22 CFR
that he or she was born in the United 51.42 through 51.44.
States. Secondary evidence includes § 51.46 Return or retention of evidence
but is not limited to hospital birth cer- of U.S. citizenship or non-citizen
tificates, baptismal certificates, med- nationality.
ical and school records, certificates of The Department will generally re-
circumcision, other documentary evi- turn to the applicant evidence sub-
dence created shortly after birth but mitted in connection with an applica-
generally not more than 5 years after tion for a passport. The Department
birth, and/or affidavits of persons hav- may, however, retain evidence when it
ing personal knowledge of the facts of deems it necessary for anti-fraud or
the birth. law enforcement or other similar pur-
§ 51.43 Persons born outside the poses.
United States applying for a pass-
port for the first time. Subpart D—Fees
(a) General. A person born outside the
§ 51.50 Form of payment.
United States must submit documen-
tary evidence that he or she meets all Passport fees must be paid in U.S.
the statutory requirements for acquisi- currency or in other forms of payments
tion of U.S. citizenship or non-citizen permitted by the Department.
nationality under the provision of law
or treaty under which the person is § 51.51 Passport fees.
claiming U.S. citizenship or non-cit- The Department collects the fol-
izen nationality. lowing passport fees in the amounts
(b) Documentary evidence. (1) Types of prescribed in the Schedule of Fees for
documentary evidence of citizenship Consular Services (22 CFR 22.1):
for a person born outside the United (a) An application fee, which must be
States include: paid at the time of application, except
(i) A certificate of naturalization. as provided in § 51.52, and is not refund-
(ii) A certificate of citizenship. able, except as provided in § 51.53.
dwashington3 on PROD1PC60 with CFR

(iii) A Consular Report of Birth (b) An execution fee, except as pro-


Abroad. vided in § 51.52, when the applicant is

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