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nors under the age of 13 years. The passport issuing office may require a minor under the age of 18 years to obtain and submit the written consent of a parent, a legal guardian or a person in loco parentis to the issuance of the passport.

(c) Objection by parent or guardian in cases not involving the custody of the minor. At any time prior to the issuance of a passport to a minor and upon receipt of a written objection from a person having legal control of the minor, the passport issuing office may disapprove the minor's application.

(d) Objection by parent or guardian in cases involving the custody of a minor. When there is controversy concerning the custody of a minor, the passport issuing office may deny issuance of a passport to the minor if it receives a court order from a court within the country in which passport services are sought. The court order must give custody of the minor to the objecting parent, legal guardian or person in loco parentis or must forbid the child's departure from the country in which passport services are sought without the permission of the court. (22 U.S.C, 2658 and 3926) (Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.751, 43 F.R. 1791, Jan. 12, 1978; Dept. Reg. 108.779, 44 F.R. 41777, July 18, 1979; Dept. Reg. 108.838, 49 F.Å. 16989, Apr. 23, 1984) $51.28 Identity of applicant.

(a) If the applicant is not personally known to the official receiving the application he or she shall establish his or her identity by the submission of a previous passport, other identifying documents or by an identifying witness.

(b) If an applicant submits an application under the provisions of paragraph (c) of $51.21 he or she must submit a prior passport with his or her application.

(c) Any official receiving an application for a passport or any Passport Issuing Office may require such additional evidence of identity as may be deemed necessary. (22 U.S.C. 2658 and 3926) [Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended by SD-165, 46 F.R. 2343, Jan. 9, 1981; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) 851.30 Persons unacceptable as witnesses.

The passport issuing office will not accept as witness to a passport application a person who has received or expects to receive a fee for his services in connection with executing the application or obtaining the passport. $ 51.31 Affidavit of identifying witness.

(a) An identifying witness shall execute an affidavit stating: That he or she resides at a specific address; that he or she knows or has reason to believe that the applicant is a citizen of the United States; the basis of his or her knowledge concerning the applicant;

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(SD-165, 46 F.R. 2343, Jan. 9, 1981) 8 51.24 Change of name.

An applicant whose name has been changed by court order or decree shall submit with his or her application a certified copy of the order or decree. An applicant who has changed his or her name by the adoption of a new name without formal court proceedings shall submit with his or her application evidence that he or she has publicly and exclusively used the adopted name over a long period of time. (22 U.S.C. 2658 and 3926) [Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Ápr. 23, 1984) $51.25 Photographs.

(a) Photographs of bearer. The applicant shall submit with his or her application duplicate photographs of the size specified in the application. The photographs should be sufficiently recent to be a good likeness of and satisfactorily identify the applicant. The photographs shall be signed in the same manner and form as required in the application.

(b) Photographs of uniformed personnel. Only applicants who are in the active service of the Armed Forces and proceeding abroad in the discharge of their duties may submit photographs in the uniform of the Armed Forces of the United States.

(c) Unacceptable photographs. A photograph with a waxed back or other coating which lessens adhesiveness is not acceptable. Newspaper or magazine pictures, snapshots, or full length photographs are not acceptable. Photographs of persons in the uniform of a civilian organization, except religious dress, will not generally be accepted. (22 U.S.C. 2658 and 3926) (Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.751, 43 F.R. 1791, Jan. 12, 1978; 44 F.R. 19394, Apr. 3, 1979; SD-165, 46 F.R. 2343, Jan. 9, 1981; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) 8 51.26 Incompetents.

A parent, a legal guardian, or a person in loco parentis shall execute a passport application on behalf of a person declared incompetent. $51.27 Minors.

(a) Definitions. A minor is an unmarried person under the age of 18 years.

(b) Execution of application by minors. A minor of age 13 years or above shall execute an application on his or her own behalf unless in the judgment of the person before whom the application is executed it is not desirable for the minor to execute his or her own application. In such case it must be executed by a parent or guardian of the minor, or by a person in loco parentis. A parent, guardian or person in loco parentis shall execute the application for mi

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Mationality & Passports (27 CFR 50-53)

Nationality & Passports (22 CFR 50-53)

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nors under the age of 13 years. The passport issuing office may require a minor under the age of 18 years to obtain and submit the written consent of a parent, a legal guardian or a person in loco parentis to the issuance of the passport.

(c) Objection by parent or guardian in cases not involving the custody of the minor. At any time prior to the issuance of a passport to a minor and upon receipt of a written objection from a person having legal control of the minor, the passport issuing office may disapprove the minor's application.

(d) Objection by parent or guardian in cases involving the custody of a minor. When there is controversy concerning the custody of a minor, the passport issuing office may deny issuance of a passport to the minor if it receives a court order from a court within the country in which passport services are sought. The court order must give custody of the minor to the objecting parent, legal guardian or person in loco parentis or must forbid the child's departure from the country in which passport services are sought without the permission of the court. (22 U.S.C. 2658 and 3926) [Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.751, 43 F.R. 1791, Jan. 12, 1978; Dept. Reg. 108.779, 44 F.R. 41777, July 18, 1979; Dept. Reg. 108.838, 49 F.Å. 16989, Apr. 23, 1984) 8 51.28 Identity of applicant.

(a) If the applicant is not personally known to the official receiving the application he or she shall establish his or her identity by the submission of a previous passport, other identifying documents or by an identifying witness.

(b) If an applicant submits an application under the provisions of paragraph (c) of $51.21 he or she must submit a prior passport with his or her application.

(c) Any official receiving an application for a passport or any Passport Issuing Office may require such additional evidence of identity as may be deemed necessary. (22 U.S.C. 2658 and 3926) (Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended by SD-165, 46 F.R. 2343, Jan. 9, 1981; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) 851.30 Persons unacceptable as witnesses.

The passport issuing office will not accept as witness to a passport application a person who has received or expects to receive a fee for his services in connection with executing the application or obtaining the passport. 851.31 Affidavit of identifying witness.

(a) An identifying witness shall execute an affidavit stating: That he or she resides at a specific address; that he or she knows or has reason to believe that the applicant is a citizen of the United States; the basis of his or her knowledge concerning the applicant;

and that the information set out in his or her affidavit is true to the best of his or her knowledge and belief.

(b) If the witness has a U.S. passport, he or she shall state the place of issue and, if possible, the number and approximate date of issue.

(c) The identifying witness shall subscribe to his or her statement before the same person who took the passport application. (22 U.S.C. 2658 and 3926) (Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by 31 F.R. 14522, Nov. 11, 1966; Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) 8 51.32 Amendment of passports.

Applicants for amendment of a passport shall be made on forms prescribed by the Department. [SD-165 46 F.R. 2343, Jan. 9, 1981) $51.33 Release of passport information.

Information in passport files is privileged and shall not be released except:

(a) At the request of an applicant or a person acting in his or her behalf for copies of documents executed or submitted by the applicant.

(b) Pursuant to a subpoena or court order directing the production of passport records.

(c) At the request of another Government agency.

(d) When expressly authorized by the Secretary. (22 U.S.C. 2658 and 3926) [Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Ápr. 23, 1984)

Subpart C–Evidence of U.S. Citizenship or Nationality 851.40 Burden of proof.

The applicant has the burden of proving that he or she and any persons to be included in the passport are nationals of the United States. (22 U.S.C. 2658 and 3926) (Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) 851.41 Documentary evidence.

Every application shall be accompanied by evidence of the U.S. nationality of the applicant and of any other person to be extended passport services. 851.43 Persons born in the United States applying for a

passport for the first time. (a) Primary evidence of birth in the United States. A person born in the United States in a place where official records of birth were kept at the time of his or her birth shall submit with the applica

tion for a passport a birth certificate under the seal of the official custodian of birth records. To be acceptable, a certificate must show the full name of the applicant place and date of birth, and that the record thereof was recorded at the time of birth or shortly thereafter.

(b) Secondary evidence of birth in the United States. If the applicant cannot submit primary evidence of birth, he or she shall submit the best obtainable secondary evidence. If a person was born at a place in the United States when birth records were filed, he or she must submit a "no record” certification from the official custodian of such birth records before secondary evidence may be considered. The passport issuing office will consider, as secondary evidence, baptismal certificates, certificates of circumcision, or other documentary evidence created shortly after birth but not more than 5 years after birth, and/or affidavits of persons having personal knowledge of the facts of the birth. (22 U.S.C. 2658 and 3926) (Dept. Reg. 108.685, 38 F.R. 4667, Feb. 20, 1973; as amended by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984) $51.44 Persons born abroad applying for a passport for the

first time. (a) Naturalization in on right. A person naturalized in his or her own right as a U.S. citizen shall submit with his or her application his or her certificate of naturalization.

(b) Derivative citizenship at birth. (1) An applicant who claims to have derived citizenship by virtue of his or her birth abroad to a U.S. citizen parent or parents may submit his or her won certificate of citizenship (Section 1993, Revised Statutes, as amended by Act of May 24, 1934; section 201 of the Nationality Act of 1940; section 301 of the Immigration and Nationality Act of 1952).

(2) In lieu of a certificate of citizenship, the applicant may submit evidence of his or her parent(s)' citizenship at the time of his or her birth, and evidence of his or her and his or her parent(s)' residence and physical presence in the United States. The passport issuing office may require the applicant to establish the marriage of his or her parents and/or grandparents and his or her relationship to them.

(c) Derivative citizenship subsequent to birth. (1) An applicant who claims U.S. citizenship by virtue of the naturalization of his or her parent or parents subsequent to his or her birth may submit his or her own certificate of citizenship.

(2) In lieu of a certificate of citizenship the applicant may submit the naturalization certificate of the parent or parents through whom he or she claims U.S. citizenship. In this case, he or she must also show that he or she resided in the United States during minority as required by the law under which he or she claims citizenship.

(3) If an applicant claims citizenship through a mother who resumed citizenship or parent who was repatriated, he or she must submit evidence thereof. The applicant must establish also that he or she resided in the United States for the period prescribed by

law.

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