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FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 320 -- CHILD BORN OUTSIDE THE UNITED
STATES AND RESIDING PERMANENTLY IN THE UNITED STATES; REQUIREMENTS FOR AUTOMATIC
ACQUISITION OF CITIZENSHIP (Part 320 added 6/13/01; 66 FR 32138) \ § 320.5
Decision
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§ 320.5 Decision. (Section heading and section revised effective
11/28/11,
76 FR
53764)
(a)
Approval of application
. If the application for the certificate of citizenship is approved, after the applicant takes the oath of allegiance prescribed in 8 CFR
337.1
(unless the oath is waived), USCIS will issue a certificate of citizenship.
(b)
Denial of application
. If the decision of USCIS is to deny the
application for a certificate of citizenship under this section, the applicant
will be advised in writing of the reasons for denial and advised of the right to
appeal in accordance with the provisions of
8 CFR 103.3(a). An applicant may file an appeal
within 30 days of service of the decision in accordance with the instructions on
the form prescribed by USCIS for that purpose, and with the fee required by
8 CFR 103.7(b)(1).
(c)
Subsequent application.
After an application for a certificate of citizenship has been denied and the
time for appeal has expired, USCIS will reject a subsequent application
submitted by the same individual and the applicant will be instructed to submit
a motion for reopening or reconsideration in accordance with
8 CFR 103.5.
The motion shall be accompanied by the rejected application and the fee
specified in 8 CFR
8 CFR 103.7(b)(1).
(Added effective 11/28/11,
76 FR
53764)