[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR320.5]

[Page 797-798]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 320_CHILD BORN OUTSIDE THE UNITED STATES AND RESIDING PERMANENTLY
 
Sec. 320.5  What happens if the application is approved or denied by the Service?

    (a) Approval of application. If the application for the certificate 
of citizenship is granted, after the applicant takes the oath of 
allegiance prescribed in 8 CFR part 337, unless the oath is waived, the 
Service will issue a certificate of citizenship.
    (b) Denial of application. If the decision of the district director 
is to deny the application for a certificate of citizenship under this 
section, the applicant shall be furnished with the reasons for denial 
and advised of the right to appeal in accordance with the provisions of 
8 CFR 103.3(a). An applicant

[[Page 798]]

may file an appeal on Form I-290B, Notice of Appeal to the 
Administrative Appeals Unit (AAU), with the required fee prescribed in 
Sec. 103.7(b)(1) of this chapter, in accordance with the instructions 
therein and with any supporting documentation addressing the reasons for 
denial. To be timely, an appeal must be filed within 30 days of service 
of the decision. After an application for a certificate of citizenship 
has been denied and the time for appeal has expired, a second 
application submitted by the same individual shall be rejected 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 
103.7. A decision shall be issued with notification of appeal rights in 
all certificate of citizenship cases, including any case denied due to 
the applicant's failure to prosecute the application.