
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1503]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
                         Part IV--Miscellaneous
 
Sec. 1503. Denial of rights and privileges as national


(a) Proceedings for declaration of United States nationality

    If any person who is within the United States claims a right or 
privilege as a national of the United States and is denied such right or 
privilege by any department or independent agency, or official thereof, 
upon the ground that he is not a national of the United States, such 
person may institute an action under the provisions of section 2201 of 
title 28 against the head of such department or independent agency for a 
judgment declaring him to be a national of the United States, except 
that no such action may be instituted in any case if the issue of such 
person's status as a national of the United States (1) arose by reason 
of, or in connection with any removal proceeding under the provisions of 
this chapter or any other act, or (2) is in issue in any such removal 
proceeding. An action under this subsection may be instituted only 
within five years after the final administrative denial of such right or 
privilege and shall be filed in the district court of the United States 
for the district in which such person resides or claims a residence, and 
jurisdiction over such officials in such cases is conferred upon those 
courts.

(b) Application for certificate of identity; appeal

    If any person who is not within the United States claims a right or 
privilege as a national of the United States and is denied such right or 
privilege by any department or independent agency, or official thereof, 
upon the ground that he is not a national of the United States, such 
person may make application to a diplomatic or consular officer of the 
United States in the foreign country in which he is residing for a 
certificate of identity for the purpose of traveling to a port of entry 
in the United States and applying for admission. Upon proof to the 
satisfaction of such diplomatic or consular officer that such 
application is made in good faith and has a substantial basis, he shall 
issue to such person a certificate of identity. From any denial of an 
application for such certificate the applicant shall be entitled to an 
appeal to the Secretary of State, who, if he approves the denial, shall 
state in writing his reasons for his decision. The Secretary of State 
shall prescribe rules and regulations for the issuance of certificates 
of identity as above provided. The provisions of this subsection shall 
be applicable only to a person who at some time prior to his application 
for the certificate of identity has been physically present in the 
United States, or to a person under sixteen years of age who was born 
abroad of a United States citizen parent.

(c) Application for admission to United States under certificate of 
        identity; revision of determination

    A person who has been issued a certificate of identity under the 
provisions of subsection (b) of this section, and while in possession 
thereof, may apply for admission to the United States at any port of 
entry, and shall be subject to all the provisions of this chapter 
relating to the conduct of proceedings involving aliens seeking 
admission to the United States. A final determination by the Attorney 
General that any such person is not entitled to admission to the United 
States shall be subject to review by any court of competent jurisdiction 
in habeas corpus proceedings and not otherwise. Any person described in 
this section who is finally denied admission to the United States shall 
be subject to all the provisions of this chapter relating to aliens 
seeking admission to the United States.

(June 27, 1952, ch. 477, title III, ch. 4, Sec. 360, 66 Stat. 273; Pub. 
L. 104-208, div. C, title III, Sec. 308(d)(4)(P), Sept. 30, 1996, 110 
Stat. 3009-619.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-208, Sec. 308(d)(4)(P)(i), 
substituted ``removal'' for ``exclusion'' in two places.
    Subsec. (c). Pub. L. 104-208, Sec. 308(d)(4)(P)(ii), substituted 
``denied admission'' for ``excluded from admission''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective, with certain transitional 
provisions, on the first day of the first month beginning more than 180 
days after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out 
as a note under section 1101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1501 of this title.
