§1503 Denial of Rights and Privileges as National

Summary

People inside the United States who say they are U.S. nationals but are told they are not can sue the head of the agency that denied them. They can ask a federal court to declare them a national. They cannot sue if the question came up because of, or is part of, a removal (deportation) case. The lawsuit must be filed within five years after the final administrative denial and in the federal district court where the person lives or says they live. People outside the United States who claim to be U.S. nationals but are denied can apply at a U.S. embassy or consulate for a certificate of identity to travel to a U.S. port of entry. A consular officer must give the certificate if the claim seems honest and has a solid basis. If denied, the person can appeal to the Secretary of State, who must write reasons if the denial is upheld and who sets rules for these certificates. With a certificate, the person may seek admission at a port of entry and will go through the usual immigration procedures. A final decision by the Attorney General refusing admission can only be reviewed by habeas corpus in a court.