Subchapter C—Nationality Regulations

SUBCHAPTER C—NATIONALITY REGULATIONS

PART 301—NATIONALS AND CITI- considered a United States citizen as of ZENS OF THE UNITED STATES AT the date of his or her birth. BIRTH PART 306—SPECIAL CLASSES OF PERSONS WHO MAY BE NATU- AUTHORITY: 8 U.S.C. 1103, 1401; 8 CFR part 2. RALIZED: VIRGIN ISLANDERS

SOURCE: 62 FR 39927, July 25, 1997, unless Sec. otherwise noted. 306.1 Persons eligible. 306.2 United States citizenship; when ac- § 301.1 Procedures. quired. (a) Application. (1) A person residing 306.11 Preliminary application form; filing; in the United States who desires to be examination. 306.12 Renunciation forms; disposition. documented as a United States citizen pursuant to section 301(h) of the Act AUTHORITY: Secs. 103, 306, 332, 66 Stat. 173, may apply for a passport at a United 237, 252; 8 U.S.C. 1103, 1406, 1443. States passport agency or may submit SOURCE: 22 FR 9812, Dec. 6, 1957, unless oth- an application on Form N–600, Applica- erwise noted. tion for Certificate of Citizenship, to the Service, as provided in 8 CFR part § 306.1 Persons eligible. 341. Such application shall be filed with Any Danish citizen who resided in the Service office having jurisdiction the Virgin Islands of the United States over the applicant’s place of residence, on January 17, 1917, and in those Is- or with such other Service office as the lands, Puerto Rico, or the United Commissioner may designate. It must States on February 25, 1927, and who be accompanied by the fee specified in had preserved his Danish citizenship by 8 CFR 103.7(b)(1). The application also making the declaration prescribed by must be accompanied by supporting Article VI of the treaty entered into documentary and other evidence essen- between the United States and Den- tial to establish the claimed citizen- mark on August 4, 1916, and proclaimed ship, such as birth, marriage, death, January 25, 1917, may renounce his and divorce certificates. The applicant Danish citizenship before any court of will be notified in writing when and record in the United States irrespec- where to appear before a Service officer tive of his place of residence, in accord- for examination of his or her applica- ance with the provisions of this part. tion. (2) A person residing outside of the § 306.2 United States citizenship; when United States who desires to be docu- acquired. mented as a United States citizen Immediately upon making the dec- under section 301(h) of the Act shall laration of renunciation as described in make his or her claim at a United § 306.12 the declarant shall be deemed to States embassy or consulate, in accord- be a citizen of the United States. No ance with such regulations as may be certificate of naturalization or of citi- prescribed in the Secretary of State. zenship shall be issued by the clerk of (b) Oath of allegiance; issuance of cer- court to any person obtaining, or who tificate. Upon determination by the dis- has obtained citizenship solely under trict director that a person is a United section 306(a)(1) of the Immigration States citizen pursuant to section and Nationality Act or under section 1 301(h) of the Act, the person shall take of the act of February 25, 1927. the oath of allegiance, prescribed in 8 CFR part 337, before an officer of the § 306.11 Preliminary application form; Service designated to administer the filing; examination. oath of allegiance within the United A person of the class described in States, and a certificate of citizenship § 306.1 shall submit to the Service on shall be issued. The person shall be Form N–350 preliminary application to

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renounce Danish citizenship, in accord- Service is authorized to perform such ance with the instructions contained acts as are necessary and proper to im- therein. The applicant shall be notified plement the Attorney General’s au- in writing when and where to appear thority under the provisions of section before a representative of the Service 310 of the Act. for examination as to his eligibility to renounce Danish citizenship and for as- § 310.2 Jurisdiction to accept applica- sistance in filing the renunciation. tions for naturalization. The Service shall accept an applica- § 306.12 Renunciation forms; disposition for naturalization from an appli- tion. cant who is subject to a continuous The renunciation shall be made and residence requirement under section executed by the applicant under oath, 316(a) or 319(a) of the Act as much as in duplicate, on Form N–351 and filed in three months before the date upon the office of the clerk of court. The which the applicant would otherwise usual procedural requirements of the satisfy such continuous residence re- Immigration and Nationality Act shall quirement in the State or Service dis- not apply to proceedings under this trict where residence is to be estab- part. The fee shall be fixed by the court lished for naturalization purposes. At or the clerk thereof in accordance with the time of examination on the appli- the law and rules of the court, and no cation, the applicant will be required accounting therefor shall be required to prove that he or she satisfies the to be made to the Service. The clerk residence requirements for the resi- shall retain the original of Form N–351 dence reflected in the application. as the court record and forward the duplicate to the district director exer- § 310.3 Administration of the oath of cising administrative naturalization allegiance. jurisdiction over the area in which the (a) An applicant for naturalization court is located. may elect, at the time of filing of, or at the examination on, the application, to PART 310—NATURALIZATION have the oath of allegiance and renun- AUTHORITY ciation under section 337(a) of the Act administered in a public ceremony conducted by the Service or by any court Sec. 310.1 Administrative naturalization author- described in section 310(b) of the Act, ity. subject to section 310(b)(1)(B) of the 310.2 Jurisdiction to accept applications for Act. naturalization. (b) The jurisdiction of all such courts 310.3 Administration of the oath of alle- specified to administer the oath of allegiance. giance shall extend only to those per- 310.4 Judicial naturalization authority and sons who are resident within the re- withdrawal of petitions. spective jurisdictional limits of such 310.5 Judicial review. courts, except as otherwise provided in AUTHORITY: 8 U.S.C. 1103, 1421, 1443, 1447, section 316(f)(2) of the Act. Persons who 1448; 8 CFR 2. temporarily reside within the jurisdic- SOURCE: 56 FR 50480, Oct. 7, 1991, unless tional limits of a court in order to pur- otherwise noted. sue an application properly filed pursuant to section 319(b), 328(a), or 329 of § 310.1 Administrative naturalization the Act or section 405 of the Immigra- authority. tion Act of 1990 are not subject to the (a) Attorney General. Commencing Oc- exclusive jurisdiction provisions of sec- tober 1, 1991, section 310 of the Act con- tion 310(b)(1)(B) of the Act. fers the sole authority to naturalize (c)(1) A court that wishes to exercise persons as citizens of the United States exclusive jurisdiction to administer upon the Attorney General. the oath of allegiance for the 45-day pe- (b) Commissioner of the Immigration riod specified in section 310(b)(1)(B) of and Naturalization Service. Pursuant to the Act shall notify, in writing, the § 2.1 of this chapter, the Commissioner district director of the Service office of the Immigration and Naturalization having jurisdiction over the place in

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which the court is located, of the § 310.4 Judicial naturalization author- court’s intent to exercise such exclu- ity and withdrawal of petitions. sive jurisdiction. (a) Jurisdiction. No court shall have (2) At least 60 days prior to the hold- jurisdiction under section 310(a) of the ing of any oath administration cere- Act, to naturalize a person unless a pe- mony referred to in § 337.8 of this chap- tition for naturalization with respect ter, the clerk of court shall give writ- to that person was filed with the natu- ten notice to the appropriate district ralization court before October 1, 1991. director of the time, date, and place of (b) Withdrawal of petitions. (1) In the such ceremony and of the number of case of any petition for naturalization persons who may be accommodated. which was pending in any court as of (d) A court that has notified the November 29, 1990, the petitioner may Service pursuant to paragraph (c)(1) of elect to withdraw such petition, and this section shall have exclusive au- have the application for naturalization thority to administer the oath of alle- considered under the administrative giance to persons residing within its naturalization process. Such petition jurisdiction for a period of 45 days be- must be withdrawn after October 1, ginning on the date that the Service 1991, but not later than December 31, notifies the clerk of court of the appli- 1991. cant’s eligibility for naturalization. (2) Except as provided in paragraph Such exclusive authority shall be effec- (b)(1) of this section, the petitioner tive only if on the date the Service no- shall not be permitted to withdraw his tifies the clerk of court of the appli- or her petition for naturalization, un- cant’s eligibility, the court has notified less the Attorney General consents to the Service of the day or days during the withdrawal. such 45-day period on which the court (c) Judicial proceedings. (1) All pend- has scheduled oath administration ing petitions not withdrawn in the ceremonies available to the applicant. manner and terms described in para- The Service must submit the notifica- graph (b) of this section, shall be de- tion of the applicant’s eligibility to the cided, on the merits, by the naturaliza- clerk of court within 10 days of the ap- tion court, in conformity with the approval of the application pursuant to plicable provisions of the judicial natu- § 337.8 of this chapter. ralization authority of the prior stat- (e) Waiver of exclusive authority. A ute. The reviewing court shall enter a court exercising exclusive authority to final order. administer the oath of allegiance pur- (2) In cases where the petitioner fails suant to paragraph (c) of this section to prosecute his or her petition, the may waive such exclusive authority court shall decide the petition upon its when it is determined by the court that merits unless the Attorney General the Service failed to notify the court moves that the petition be dismissed within a reasonable time prior to a for lack of prosecution. scheduled oath ceremony of the appli- § 310.5 Judicial review. cant’s eligibility such that it is impractical for the applicant to appear at (a) After 120 days following examina- that ceremony. The court shall notify tion. An applicant for naturalization the district director in writing of the may seek judicial review of a pending waiver of exclusive authority as it re- application for naturalization in those lates to a specific applicant, and the instances where the Service fails to Service shall promptly notify the ap- make a determination under section plicant. The Service shall then arrange 335 of the Act within 120 days after an for the administration of the oath of examination is conducted under part 335 of this chapter. An applicant shall allegiance pursuant to § 337.2 of this make a proper application for relief to chapter. the United States District Court hav- [58 FR 49911, Sept. 24, 1993, as amended at 66 ing jurisdiction over the district in FR 32144, June 13, 2001] which the applicant resides. The court may either determine the issues

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brought before it on their merits, or re- person who is unable, because of a mand the matter to the Service with medically determinable physical or appropriate instructions. mental impairment or combination of (b) After denial of an application. After impairments which has lasted or is ex- an application for naturalization is de- pected to last at least 12 months, to nied following a hearing before a Serv- demonstrate an understanding of the ice officer pursuant to section 336(a) of English language as noted in paragraph the Act, the applicant may seek judi- (a) of this section. The loss of any cog- cial review of the decision pursuant to nitive abilities based on the direct ef- section 310 of the Act. fects of the illegal use of drugs will not be considered in determining whether a PART 312—EDUCATIONAL RE- person is unable to demonstrate an un- QUIREMENTS FOR derstanding of the English language. NATURALIZATION For purposes of this paragraph, the term medically determinable means an Sec. impairment that results from anatom- 312.1 Literacy requirements. ical, physiological, or psychological ab- 312.2 Knowledge of history and government of the United States. normalities which can be shown by 312.3 Standardized citizenship testing. medically acceptable clinical or lab- 312.4 Selection of interpreter. oratory diagnostic techniques to have 312.5 Failure to meet educational and lit- resulted in functioning so impaired as eracy requirements. to render an individual unable to dem- AUTHORITY: 8 U.S.C. 1103, 1423, 1443, 1447, onstrate an understanding of the 1448. English language as required by this SOURCE: 56 FR 50481, Oct. 7, 1991, unless section, or that renders the individual otherwise noted. unable to fulfill the requirements for English proficiency, even with reason- § 312.1 Literacy requirements. able modifications to the methods of (a) General. Except as otherwise pro- determining English proficiency, as vided in paragraph (b) of this section, outlined in paragraph(c) of this sec- no person shall be naturalized as a cit- tion. izen of the United States upon his or (c) Literacy examination—(1) Verbal her own application unless that person skills. The ability of an applicant to can demonstrate an understanding of speak English shall be determined by a the English language, including an designated examiner from the appli- ability to read, write, and speak words cant’s answers to questions normally in ordinary usage in the English language. asked in the course of the examination. (b) Exceptions. The following persons (2) Reading and writing skills. Except need not demonstrate an ability to as noted in § 312.3, an applicant’s abil- read, write and speak words in ordi- ity to read and write English shall be nary usage in the English language: tested using excerpts from one or more (1) A person who, on the date of filing parts of the Service authorized Federal of his or her application for naturaliza- Textbooks on Citizenship written at tion, is over 50 years of age and has the elementary literacy level, Service been living in the United States for pe- publications M–289 and M–291. These riods totalling at least 20 years subse- textbooks may be purchased from the quent to a lawful admission for perma- Superintendent of Documents, Govern- nent residence; ment Printing Office, Washington, DC (2) A person who, on the date of filing 20402, and are available at certain pub- his or her application for naturaliza- lic educational institutions. An appli- tion, is over 55 years of age and has cant’s writing sample shall be retained been living in the United States for pe- in the applicant’s Service file. riods totalling at least 15 years subsequent to a lawful admission for perma- [56 FR 50481, Oct. 7, 1991, as amended at 62 FR nent residence; or 12923, Mar. 19, 1997; 62 FR 15751, Apr. 2, 1997; (3) The requirements of paragraph(a) 64 FR 7993, Feb. 18, 1999] of this section shall not apply to any

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§ 312.2 Knowledge of history and gov- These medical professionals shall be ernment of the United States. experienced in diagnosing those with (a) General. No person shall be natu- physical or mental medically deter- ralized as a citizen of the United States minable impairments and shall be able upon his or her own application unless to attest to the origin, nature, and ex- that person can demonstrate a knowl- tent of the medical condition as it re- edge and understanding of the fun- lates to the disability exceptions noted damentals of the history, and of the under § 312.1(b)(3) and paragraph(b)(1) of principles and form of government, of this section. In addition, the medical the United States. A person who is ex- professionals making the disability de- empt from the literacy requirement termination must sign a statement on under § 312.1(b) (1) and (2) must still the Form N–648 that they have an- satisfy this requirement. swered all the questions in a complete (b) Exceptions. (1) The requirements and truthful manner, that they (and of paragraph(a) of this section shall not the applicant) agree to the release of apply to any person who is unable to all medical records relating to the ap- demonstrate a knowledge and under- plicant that may be requested by the standing of the fundamentals of the Service and that they attest that any history, and of the principles and form knowingly false or misleading state- of government of the United States be- ments may subject the medical profes- cause of a medically determinable sional to the penalties for perjury pur- physical or mental impairment, that suant to title 18, United Stated Code, already has or is expected to last at Section 1546 and to civil penalties least 12 months. The loss of any cog- under section 274C of the Act. The nitive skills based on the direct effects Service also reserves the right to refer of the illegal use of drugs will not be the applicant to another authorized considered in determining whether an medical source for a supplemental dis- individual may be exempted. For the ability determination. This option purposes of this paragraph the term shall be invoked when the Service has medically determinable means an impair- credible doubts about the veracity of a ment that results from anatomical, medical certification that has been physiological, or psychological abnor- presented by the applicant. An affi- malities which can be shown by medi- davit or attestation by the applicant, cally acceptable clinical or laboratory his or her relatives, or guardian on his diagnosis techniques to have resulted or her medical condition is not a a suf- in functioning so impaired as to render ficient medical attestation for pur- an individual to be unable to dem- poses of satisfying this requirement. onstrate the knowledge required by this section or that renders the individ- (c) History and government uals unable to participate in the test- examination—(1) Procedure. The exam- ing procedures for naturalization, even ination of an applicant’s knowledge of with reasonable modifications. the history and form of government of (2) Medical certification. All persons the United States shall be given orally applying for naturalization and seeking by a designated examiner in the an exception from the requirements of English language unless: § 312.1(a) and paragraph(a) of this sec- (i) The applicant is exempt from the tion based on the disability exceptions English literacy requirement under must submit Form N–648, Medical Cer- § 312.1(b), in which case the examina- tification for Disability Exceptions, to tion may be conducted in the appli- be completed by a medical or osteo- cant’s native language with the assist- pathic doctor licensed to practice med- ance of an interpreter selected in ac- icine in the United States or a clinical cordance with § 312.4 of this part, but psychologist licensed to practice psy- only if the applicant’s command of spo- chology in the United States (including ken English is insufficient to conduct a the United States territories of Guam, valid examination in English; Puerto Rico, and the Virgin Islands). (ii) The applicant is required to sat- Form N–648 must be submitted as an isfy and has satisfied the English lit- attachment to the applicant’s Form N– eracy requirement under § 312.1(a), but 400, Application for Naturalization. the officer conducting the examination

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determines that an inaccurate or in- evidence of passage submitted by the complete record of the examination applicant shall be subject to inde- would result if the examination on pendent verification by the Service technical or complex issues were con- with the test provider. ducted in English. In such a case the (3) An applicant who passes a stand- examination may be conducted in the ardized citizenship test as provided in applicant’s native language, with the paragraph (a)(1) of this section for nat- assistance of an interpreter selected in uralization shall not be reexamined at accordance with § 312.4; the Service naturalization interview on (iii) The applicant has met the re- his or her ability to read and write quirements of § 312.3. English or on his or her knowledge of (2) Scope and substance. The scope of the history and form of government of the examination shall be limited to the United States, unless the exam- subject matters covered in the Service ining officer has reasonable cause to authorized Federal Textbooks on Citi- believe, subsequent to verification of zenship except for the identity of cur- the applicant’s test results with the rent officeholders. In choosing the sub- authorized testing entity, that the ap- ject matters, in phrasing questions and plicant’s test results were obtained in evaluating responses, due consider- English may not be the sole reason for ation shall be given to the applicant’s finding that the test results were ob- education, background, age, length of tained through fraud or misrepresenta- residence in the United States, oppor- tion. The Applicant’s inability to speak tunities available and efforts made to English may not be the sole reason for acquire the requisite knowledge, and finding that the test results were any other elements or factors relevant botained through fraud or misrepresen- to an appraisal of the adequacy of the tation. A written record of the officer’s applicant’s knowledge and under- determination shall be made in the standing. record of the application including the response from the testing entity con- (Approved by the Office of Management and Budget under control number 1115–0208) cerning the applicant’s test. (4) An applicant who has failed a [56 FR 50481, Oct. 7, 1991, as amended at 58 FR standardized citizenship test will not 49912, Sept. 24, 1993; 62 FR 12923, Mar. 19, 1997; be prejudiced by that failure during an 62 FR 15751, Apr. 2, 1997; 64 FR 7993, Feb. 18, 1999] examination conducted by the Service under §§ 312.1 and 312.2, and may con- § 312.3 Standardized citizenship test- tinue to pursue the application with ing. the Service as if the applicant had (a)(1) An applicant for naturalization never taken the standardized test. may satisfy the reading and writing re- (b) An applicant who has obtained quirements of § 312.1 and the knowledge lawful permanent resident alien status requirements of § 312.2 by passing, with- pursuant to section 245A of the Act, in one (1) year preceding the date on and who, at that time demonstrated which he or she files an application for English language proficiency in read- naturalization, or at any time subse- ing and writing, and knowledge of the quent to filing an application but prior government and history of the United to a final determination on the appli- States through either an examination cation, a standardized citizenship test administered by the Service or a stand- given by an entity authorized by the ardized section 312 test authorized by Service to conduct such a test. the Service for use with Legalization (2) The applicant must still dem- applicants as provided in section onstrate his or her ability to speak and 245A(b)(1)(D)(iii) of the Act, will not be understand English in accordance with reexamined on those skills at the time § 312.1(c)(1). An applicant who passes a of the naturalization interview. How- standardized citizenship test may sub- ever, such applicant must still estab- mit evidence of passage of the test ei- lish eligibility for naturalization ther with the submission of the appli- through testimony in the English lan- cation, at the examination on the ap- guage. plication, or at the time of the second [56 FR 50481, Oct. 7, 1991, as amended at 58 FR examination provided in § 312.5(a). Any 49912, Sept. 24, 1993; 60 FR 6651, Feb. 3, 1995]

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§ 312.4 Selection of interpreter. PART 313—MEMBERSHIP IN THE An interpreter to be used under § 312.2 COMMUNIST PARTY OR ANY may be selected either by the applicant OTHER TOTALITARIAN or by the Service. However, the Service ORGANIZATIONS reserves the right to disqualify an interpreter provided by the applicant in Sec. order to ensure the integrity of the ex- 313.1 Definitions. amination. Where the Service disquali- 313.2 Prohibitions. fies an interpreter, the Service must 313.3 Statutory exemptions. 313.4 Procedure. provide another interpreter for the applicant in a timely manner. If resched- AUTHORITY: 8 U.S.C. 1103, 1424, 1443. uling of the interview is required, then SOURCE: 56 FR 50482, Oct. 7, 1991, unless a new date shall be set as soon as prac- otherwise noted. ticable so as not to delay unduly the adjudication of the application. The of- § 313.1 Definitions. ficer who disqualifies an interpreter For purposes of this part: shall make a written record of the rea- Advocate includes, but is not limited son(s) for disqualification as part of the to, advising, recommending, furthering record of the application. by overt act, or admitting a belief in a doctrine, and may include the giving, [60 FR 6651, Feb. 3, 1995] lending, or promising of support or of § 312.5 Failure to meet educational money or any thing of value to be used and literacy requirements. for advocating such doctrine. Advocating Communism means advo- (a) An applicant for naturalization cating the establishment of a totali- who fails the English literacy or his- tarian communist dictatorship, includ- tory and government test at the first ing the economic, international, and examination will be afforded a second governmental doctrines of world com- opportunity to pass the test(s) within munism, in all countries of the world 90 days after the first examination dur- through the medium of an internation- ing the pendency of the application. ally coordinated communist revolu- (b) If an applicant who receives no- tionary movement. tice of the second scheduled examina- Affiliation with an organization in- tion date fails to appear without good cludes, but is not limited to, the giv- cause for that second examination ing, lending, or promising of support or without prior notification to the Serv- of money or any thing of value, to that ice, the applicant will be deemed to organization to be used for any pur- have failed this second examination. pose. Before an applicant may request a Circulate includes circulating, dis- postponement of the second examina- tributing, or displaying a work. tion to a date that is more than 90 days Communist Party includes: after the initial examination, the ap- (1) The Communist Party of the plicant must agree in writing to waive United States; the requirement under section 336 of (2) The Communist Political Associa- the Act that the Service must render a tion; determination on the application with- (3) The Communist Party of any in 120 days from the initial interview, state of the United States, of any foreign state, or of any political or geo- and instead to permit the Service to graphical subdivision of any foreign render a decision within 120 days from state; the second interview. (4) Any section, subsidiary, branch, [56 FR 50481, Oct. 7, 1991, as amended at 58 FR affiliate, or subdivision of any such as- 49912, Sept. 24, 1993] sociation or party;

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(5) The direct predecessors or succes- (2) The forcible suppression of all op- sors of any such association or party, position to such a party. regardless of what name such group or Totalitarian party includes: organization may have used, may now (1) Any party in the United States bear, or may hereafter adopt; and which advocates totalitarianism; (6) Any communist-action or com- (2) Any party in any State of the munist-front organization that is reg- United States, in any foreign state, or istered or required to be registered in any political or geographical sub- under section 786 of title 50 of the division of any foreign state which ad- United States Code, provided that the vocates or practices totalitarianism; applicant knew or had reason to be- (3) Any section, subsidiary, branch, lieve, while he or she was a member, affiliate, or subdivision of any such as- that such organization was a com- sociation or party; and munist-front organization. (4) The direct predecessors or succes- Organization includes, but is not lim- sors of any such association or party, ited to, an organization, corporation, regardless of what name such group or company, partnership, association, organization may have used, may now trust, foundation, or fund, and any bear, or may hereafter adopt. group of persons, whether incorporated [56 FR 50482, Oct. 7, 1991, as amended at 58 FR or not, permanently or temporarily as- 49912, Sept. 24, 1993] sociated together for joint action on any subject or subjects. § 313.2 Prohibitions. Publication or publishing of a work in- Except as provided in § 313.3, no appli- cludes writing or printing a work; per- cant for naturalization shall be natu- mitting, authorizing, or consenting to ralized as a citizen of the United States the writing or printing of a work; and if, within ten years immediately pre- paying for the writing or printing of a ceding the filing of an application for work. naturalization or after such filing but Subversive is any individual who ad- before taking the oath of citizenship, vocates or teaches: such applicant: (1) Opposition to all organized gov- (a) Is or has been a member of or af- ernment; filiated with the Communist Party or (2) The overthrow, by force or vio- any other totalitarian party; or (b) Is or has advocated communism lence or other unconstitutional means, or the establishment in the United of the Government of the United States States of a totalitarian dictatorship; or or of all forms of law; (c) Is or has been a member of or af- (3) The duty, necessity, or propriety filiated with an organization that ad- of the unlawful assaulting or killing, vocates communism or the establish- either individually or by position, of ment in the United States of a totali- any officer or officers of the United tarian dictatorship, either through its States or of any other organized gov- own utterance or through any written ernment, because of his, her, or their or printed matter published by such or- official character; ganization; or (4) The unlawful damage, injury, or (d) Is or has been a subversive, or a destruction of property; or member of, or affiliated with, a subver- (5) Sabotage. sive organization; or Totalitarian dictatorship and totali- (e) Knowingly is publishing or has tarianism refer to systems of govern- published any subversive written or ment not representative in fact and printed matter, or written or printed characterized by: matter advocating communism; or (1) The existence of a single political (f) Knowingly circulates or has cir- party, organized on a dictatorial basis, culated, or knowingly possesses or has with so close an identity between the possessed for the purpose of circu- policies of such party and the govern- lating, subversive written or printed ment policies of the country in which matter, or written or printed matter the party exists that the government advocating communism; or and the party constitute an indistin- (g) Is or has been a member of, or af- guishable unit; and filiated with, any organization that

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publishes or circulates, or that pos- the essentials of living like food, shel- sesses for the purpose of publishing or ter, clothing, employment, and an edu- circulating, any subversive written or cation, which were routinely available printed matter, or any written or to the rest of the population—for pur- printed matter advocating com- poses of this exemption, higher edu- munism. cation will qualify as an essential of living only if the applicant can estab- § 313.3 Statutory exemptions. lish the existence of special cir- (a) General. An applicant shall bear cumstances which convert the need for the burden of establishing that classi- higher education into a need as basic fication in one of the categories listed as the need for food or employment: under § 313.2 is not a bar to naturaliza- and, tion. (ii) That he or she participated only (b) Exemptions. Despite membership to the minimal extent necessary to re- in or affiliation with an organization ceive the essential of living. covered by § 313.2, an applicant may be (2) Exemption inapplicable. The exemp- naturalized if the applicant establishes tion under paragraph (b)(5) of this sec- that such membership or affiliation is tion will not be applicable to an appli- or was: cant who became a member of an orga- (1) Involuntary: nization covered under 313.2 to receive (2) Without awareness of the nature certain benefits: or the aims of the organization, and (i) Without compulsion from the gov- was discontinued if the applicant be- erning body of the relevant country; or came aware of the nature or aims of (ii) Which did not qualify as essen- the organization; tials of living. (3) Terminated prior to the attain- ment of age sixteen by the applicant, § 313.4 Procedure. or more than ten years prior to the filing of the application for naturaliza- In all cases in which the applicant tion; claims membership or affiliation in (4) By operation of law; or any of the organizations covered by (5) Necessary for purposes of obtain- § 313.2, the applicant shall attach to the ing employment, food rations, or other application a detailed written state- essentials of living. ment describing such membership or (c) Awareness and participation—(1) affiliation, including the periods of Exemption applicable. The exemption membership or affiliation, whether the under paragraph (b)(2) of this section applicant held any office in the organi- may be found to apply only to an appli- zation, and whether membership or af- cant whose participation in the activi- filiation was voluntary or involuntary. ties of an organization covered under If the applicant alleges that member- § 313.2 was minimal in nature, and who ship or affiliation was involuntary, or establishes that he or she was unaware that one of the other exemptions in of the nature of the organization while § 313.3 applies, the applicant’s state- a member of the organization. ment shall set forth the basis of that (2) Exemptions inapplicable. The ex- allegation. emptions under paragraphs (b)(4) and (b)(5) of this section will not apply to PART 315—PERSONS INELIGIBLE TO any applicant who served as a func- CITIZENSHIP: EXEMPTION FROM tionary of an organization covered MILITARY SERVICE under § 313.2, or who was aware of and believed in the organization’s doc- Sec. trines. 315.1 Definitions. (d) Essentials of living—(1) Exemption 315.2 Ineligibility and exceptions. applicable. The exemption under para- 315.3 Evidence. graph (b)(5) of this section may be 315.4 Exemption treaties. found to apply only to an applicant who can demonstrate: AUTHORITY: 8 U.S.C. 1103, 1443. (i) That membership in the covered SOURCE: 56 FR 50483, Oct. 7, 1991, unless organization was necessary to obtain otherwise noted.

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§ 315.1 Definitions. his or her country of nationality, of As used in this part: the consequences of applying for an ex- Exemption from military service means emption from military service and was, either: therefore, unable to make an intel- (1) A permanent exemption from in- ligent choice between exemption and duction into the Armed Forces or the citizenship; National Security Training Corps of (5) The applicant applied for and re- the United States for military training ceived an exemption from military or military service; or service on the basis of alienage, but (2) The release or discharge from was subsequently inducted into the military training or military service in Armed Forces, or the National Secu- the Armed Forces or in the National rity Training Corps, of the United Security Training Corps of the United States; however, an applicant who vol- States. untarily enlists in and serves in the Induction means compulsory entrance Armed Forces of the United States, into military service of the United after applying for and receiving an ex- States whether by conscription or, emption from military service on the after being notified of a pending con- basis of alienage, does not satisfy this scription, by enlistment. exception to paragraph (a) of this sec- Treaty national means an alien who is tion; a national of a country with which the (6) Prior to requesting the exemption United States has a treaty relating to from military service: the reciprocal exemption of aliens from (i) The applicant was a treaty na- military training or military service. tional who had served in the armed forces of the country of which he or she § 315.2 Ineligibility and exceptions. was a national; however, a treaty na- (a) Ineligibility. Except as provided in tional who did not serve in the armed paragraph (b) of this section, any alien forces of the country of nationality who has requested, applied for, and ob- prior to requesting the exemption from tained an exemption from military military service does not satisfy this service on the ground that he or she is exception to paragraph (a) of this sec- an alien shall be ineligible for approval tion; of his or her application for naturaliza- (ii) The applicant served a minimum tion as a citizen of the United States. of eighteen months in the armed forces (b) The prohibition in Exceptions. of a nation that was a member of the paragraph (a) of this section does not North Atlantic Treaty Organization at apply to an alien who establishes by the time of the applicant’s service; or clear and convincing evidence that: (1) At the time that he or she re- (iii) The applicant served a minimum quested an exemption from military of twelve months in the armed forces of service, the applicant had no liability a nation that was a member of the for such service even in the absence of North Atlantic Treaty Organization at an exemption; the time of the applicant’s service, pro- (2) The applicant did not request or vided that the applicant applied for apply for the exemption from military registration with the Selective Service service, but such exemption was auto- Administration after September 28, matically granted by the United States 1971; or government; (7) The applicant is applying for nat- (3) The exemption from military uralization pursuant to section 329 of service was based upon a ground other the Act. than the applicant’s alienage; (4) In claiming an exemption from § 315.3 Evidence. military service, the applicant did not (a) The records of the Selective Serv- knowingly and intentionally waive his ice System and the military depart- or her eligibility for naturalization be- ment under which the alien served cause he or she was misled by advice shall be conclusive evidence of whether from a competent United States gov- the alien was relieved or discharged ernment authority, or from a com- from liability for military service be- petent authority of the government of cause he or she was an alien.

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(b) The regulations of the Selective 316.5 Residence in the United States. Service Administration and its prede- 316.6–316.9 [Reserved] cessors will be controlling with respect 316.10 Good moral character. to the requirement to register for, and 316.11 Attachment to the Constitution; favorable disposition towards the good liability for, service in the Armed order and happiness. Forces of the United States. 316.12 Applicant’s legal incompetency during statutory period. § 315.4 Exemption treaties. 316.13 [Reserved] (a) The following countries currently 316.14 Adjudication—examination, grant, have effective treaties providing recip- denial. rocal exemption of aliens from mili- 316.15–316.19 [Reserved] tary service: 316.20 American institutions of research, public international organizations, and Argentina (Art. X, 10 Stat. 1005, 1009, effec- designations under the International Im- tive 1853) munities Act. Austria (Art. VI, 47 Stat. 1876, 1880, effective AUTHORITY: 8 U.S.C. 1103, 1181, 1182, 1443, 1928) 1447; 8 CFR part 2. China (Art. XIV, 63 Stat. 1299, 1311, effective 1946) SOURCE: 56 FR 50484, Oct. 7, 1991, unless Costa Rica (Art. IX, 10 Stat. 916, 921, effec- otherwise noted. tive 1851) Estonia (Art. VI, 44 Stat. 2379, 2381, effective § 316.1 Definitions. 1925) Honduras (Art. VI, 45 Stat. 2618, 2622, effec- As used in this part: tive 1927) Application means the form specified Ireland (Art. III, 1 US 785, 789, effective 1950) in § 499.1 of this chapter on which an Italy (Art. XIII, 63 Stat. 2255, 2272, effective applicant requests consideration for 1948) naturalization. Latvia (Art. VI, 45 Stat. 2641, 2643, effective Service district means the geo- 1928) graphical area over which an office of Liberia (Art. VI, 54 Stat. 1739, 1742, effective 1938) the Immigration and Naturalization Norway (Art. VI, 47 Stat. 2135, 2139, effective Service has jurisdiction, as defined in 1928) § 100.4 of this chapter. Paraguay (Art. XI, 12 Stat. 1091, 1096, effective 1859) § 316.2 Eligibility. Spain (Art. V, 33 Stat. 2105, 2108, effective (a) General. Except as otherwise pro- 1902) vided in this chapter, to be eligible for Switzerland (Art. II, 11 Stat. 587, 589, effective 1850) naturalization, an alien must establish Yugoslavia (Serbia) (Art. IV, 22 Stat. 963, 964, that he or she: effective 1881) (1) Is at least 18 years of age; (2) Has been lawfully admitted as a (b) The following countries pre- permanent resident of the United viously had treaties providing for re- States; ciprocal exemption of aliens from mili- (3) Has resided continuously within tary service: the United States, as defined under El Salvador (Art. VI, 46 Stat. 2817, 2821, effec- § 316.5, for a period of at least five years tive 1926 to February 8, 1958) after having been lawfully admitted for Germany (Art. VI, 44 Stat. 2132, 2136, effec- permanent residence; tive 1923 to June 2, 1954) (4) Has been physically present in the Hungary (Art. VI, 44 Stat, 2441, 2445, effective United States for at least 30 months of 1925 to July 5, 1952) Thailand (Siam) (Art. 1, 53 Stat. 1731, 1732, the five years preceding the date of fil- effective 1937 to June 8, 1968) ing the application; (5) Immediately preceding the filing PART 316—GENERAL REQUIRE- of an application, or immediately preceding the examination on the applica- MENTS FOR NATURALIZATION tion if the application was filed early pursuant to section 334(a) of the Act Sec. 316.1 Definitions. and the three month period falls within 316.2 Eligibility. the required period of residence under 316.3 Jurisdiction. section 316(a) or 319(a) of the Act, has 316.4 Application; documents. resided, as defined under § 316.5, for at

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least three months in a State or Serv- § 316.4 Application; documents. ice district having jurisdiction over the (a) The applicant shall apply for nat- applicant’s actual place of residence, uralization by filing: and in which the alien seeks to file the (1) Form N–400 (Application for Natu- application; ralization); (6) Has resided continuously within (2) Evidence of lawful permanent res- the United States from the date of ap- idence in the United States in the form plication for naturalization up to the of photocopies (front and back) of time of admission to citizenship; Forms I–551 (Permanent Resident (7) For all relevant time periods Card), or any other entry document; under this paragraph, has been and and continues to be a person of good moral (3) Three (3) photographs as described character, attached to the principles of in § 333.1 of this chapter. the Constitution of the United States, (b) Each applicant who files Form N– and favorably disposed toward the good 400, Application for Naturalization, order and happiness of the United shall be fingerprinted on Form FD–258, States; and Applicant Card, as prescribed in (8) Is not a person described in Sec- § 103.2(e) of this chapter. tion 314 of the Act relating to deserters (c) At the time of the examination on of the United States Armed Forces or the application for naturalization, the those persons who departed from the applicant may be required to establish United States to evade military service the status of lawful permanent resident in the United States Armed Forces. by submitting the original evidence, (b) Burden of proof. The applicant issued by the Service, of lawful perma- shall bear the burden of establishing by nent residence in the United States. a preponderance of the evidence that The applicant may be also required to he or she meets all of the requirements submit any passports, or any other for naturalization, including that the documents that have been used to applicant was lawfully admitted as a enter the United States at any time permanent resident to the United after the original admission for perma- States, in accordance with the immi- nent residence. gration laws in effect at the time of the applicant’s initial entry or any subse- [56 FR 50484, Oct. 7, 1991, as amended at 58 FR quent reentry. 48780, Sept. 20, 1993; 63 FR 12987, Mar. 17, 1998; 63 FR 70316, Dec. 21, 1998] [56 FR 50484, Oct. 7, 1991, as amended at 58 FR 49912, Sept. 24, 1993; 60 FR 6651, Feb. 3, 1995] § 316.5 Residence in the United States. (a) General. Unless otherwise speci- § 316.3 Jurisdiction. fied, for purposes of this chapter, in- Except as provided in § 316.5, the ap- cluding § 316.2 (a)(3), (a)(5), and (a)(6), plicant shall file an application for an alien’s residence is the same as that naturalization with the Service office alien’s domicile, or principal actual having jurisdiction, as described in dwelling place, without regard to the § 100.4 of this chapter, over the appli- alien’s intent, and the duration of an cant’s residence at the time of filing alien’s residence in a particular loca- the application. The applicant may be tion is measured from the moment the required to submit evidence of resi- alien first establishes residence in that dence for at least three months imme- location. diately preceding the filing of the ap- (b) Residences in specific cases—(1) plication in the State or Service dis- Military personnel. For applicants who trict in which the applicant files the are serving in the Armed Forces of the application. For purposes of this sec- United States but who do not qualify tion, the applicant’s residence in a for naturalization under part 328 of this State where there are two or more dis- chapter, the applicant’s residence shall tricts will be sufficient to comply with be: the jurisdictional requirement of resi- (i) The State or Service District dence in any one of those districts. where the applicant is physically

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present for at least three months, im- or Service district where the applicant mediately preceding the filing of an ap- last resided at the time of the appli- plication for naturalization, or imme- cant’s departure abroad. diately preceding the examination on (ii) Return to the United States. If, the application if the application was upon returning to the United States, filed early pursuant to section 334(a) of an applicant returns to the State or the Act and the three month period Service district where the applicant falls within the required period of resi- last resided, the applicant will have dence under section 316(a) or 319(a) of complied with the continuous resi- the Act; dence requirement specified in (ii) The location of the residence of § 316.2(a)(5) when at least three months the applicant’s spouse and/or minor have elapsed, including any part of the child(ren); or applicant’s absence, from the date on (iii) The applicant’s home of record which the applicant first established as declared to the Armed Forces at the that residence. If the applicant estab- time of enlistment and as currently re- lishes residence in a State or Service flected in the applicant’s military per- district other than the one in which he sonnel file. or she last resided, the applicant must (2) Students. An applicant who is at- complete three months at that new res- tending an educational institution in a idence to be eligible for naturalization. State or Service District other than (c) Disruption of continuity of the applicant’s home residence may residence—(1) Absence from the United apply for naturalization: States—(i) For continuous periods of be- (i) Where that institution is located; tween six (6) months and one (1) year. or Absences from the United States for (ii) In the State of the applicant’s continuous periods of between six (6) home residence if the applicant can es- months and one (1) year during the pe- tablish that he or she is financially de- riods for which continuous residence is pendent upon his or her parents at the required under § 316.2 (a)(3) and (a)(6) time that the application is filed and shall disrupt the continuity of such during the naturalization process. residence for purposes of this part un- (3) Commuter aliens. An applicant who less the applicant can establish other- is a commuter alien, as described in wise to the satisfaction of the Service. § 211.5 of this chapter, must establish a This finding remains valid even if the principal dwelling place in the United applicant did not apply for or other- States with the intention of perma- wise request a nonresident classifica- nently residing there, and must there- tion for tax purposes, did not document after acquire the requisite period of an abandonment of lawful permanent residence before eligibility for natu- resident status, and is still considered ralization may be established. Accord- a lawful permanent resident under im- ingly, a commuter resident alien may migration laws. The types of docu- not apply for naturalization until he or mentation which may establish that she has actually taken up permanent the applicant did not disrupt the con- residence in the United States and tinuity of his or her residence in the until such residence has continued for United States during an extended ab- the required statutory period. Such an sence include, but are not limited to, applicant bears the burden of providing evidence that during the absence: evidence to that effect. (A) The applicant did not terminate (4) Residence in multiple states. If an his or her employment in the United applicant claims residence in more States; than one State, the residence for pur- (B) The applicant’s immediate family poses of this part shall be determined remained in the United States; by reference to the location from which (C) The applicant retained full access the annual federal income tax returns to his or her United States abode; or have been and are being filed. (D) The applicant did not obtain em- (5) Residence during absences of less ployment while abroad. than one year. (i) An applicant’s resi- (ii) For period in excess of one (1) year. dence during any absence of less than Unless an applicant applies for benefits one year shall continue to be the State in accordance with § 316.5(d), absences

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from the United States for a contin- to cover an absence from the United uous period of one (1) year or more dur- States for a continuous period of one ing the period for which continuous year or more shall be submitted to the residence is required under § 316.2 (a)(3) Service on Form N–470 with the re- and (a)(5) shall disrupt the continuity quired fee, in accordance with the of the applicant’s residence. An appli- form’s instructions. The application cant described in this paragraph who may be filed either before or after the must satisfy a five-year statutory resi- applicant’s employment commences, dence period may file an application but must be filed before the applicant for naturalization four years and one has been absent from the United States day following the date of the appli- for a continuous period of one year. cant’s return to the United States to (ii) An approval of Form N–470 under resume permanent residence. An appli- section 316(b) of the Act shall cover the cant described in this paragraph who spouse and dependent unmarried sons must satisfy a three-year statutory and daughters of the applicant who are residence period may file an applica- residing abroad as members of the ap- tion for naturalization two years and plicant’s household during the period one day following the date of the appli- covered by the application. The notice cant’s return to the United States to of approval, Form N–472, shall identify resume permanent residence. the family members so covered. (2) Claim of nonresident alien status for (iii) An applicant whose Form N–470 income tax purposes after lawful admis- application under section 316(b) of the sion as a permanent resident. An appli- Act has been approved, but who volun- cant who is a lawfully admitted perma- tarily claims nonresident alien status nent resident of the United States, but to qualify for special exemptions from who voluntarily claims nonresident income tax liability, raises a rebut- alien status to qualify for special ex- table presumption that the applicant emptions from income tax liability, or has relinquished a claim of having re- fails to file either federal or state in- tained lawful permanent resident sta- come tax returns because he or she tus while abroad. The applicant’s fam- considers himself or herself to be a ily members who were covered under nonresident alien, raises a rebuttable section 316(b) of the Act and who were presumption that the applicant has re- listed on the applicant’s Form N–472 linquished the privileges of permanent will also be subject to the rebuttable resident status in the United States. presumption that they have relin- (3) Removal and return. Any departure quished their claims to lawful perma- from the United States while under an nent resident status. order of removal (including previously (2) Preservation of residence under sec- issued orders of exclusion or deporta- tion 317 of the Act. An application for tion) terminates the applicant’s status the residence and physical presence as a lawful permanent resident and, benefits of section 317 of the Act to therefore, disrupts the continuity of cover any absences from the United residence for purposes of this part. States, whether before or after Decem- (4) Readmission after a deferred inspec- ber 24, 1952, shall be submitted to the tion or exclusion proceeding. An appli- Service on Form N–470 with the re- cant who has been readmitted as a law- quired fee, in accordance with the ful permanent resident after a deferred form’s instructions. The application inspection or by the immigration judge may be filed either before or after the during exclusion proceedings shall sat- applicant’s absence from the United isfy the residence and physical pres- States or the performance of the func- ence requirements under § 316.2 (a)(3), tions or services described in section (a)(4), (a)(5), and (a)(6) in the same 317 of the Act. manner as any other applicant for nat- (3) Approval, denial, and appeal. The uralization. applicant under paragraphs (d)(1) or (d) Application for benefits with respect (d)(2) of this section shall be notified of to absences; appeal—(1) Preservation of the Service’s disposition of the applica- residence under section 316(b) of the Act. tion on Form N–472. If the application (i) An application for the residence is denied, the Service shall specify the benefits under section 316(b) of the Act reasons for the denial, and shall inform

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the applicant of the right to appeal in specified in section 212(a)(2)(ii)(II) of accordance with the provisions of part the Act; 103 of this chapter. (ii) Committed two or more offenses for which the applicant was convicted [56 FR 50484, Oct. 7, 1991, as amended at 56 FR 50487, Oct. 7, 1991; 58 FR 49913, Sept. 24, 1993; and the aggregate sentence actually 60 FR 6651, Feb. 3, 1995; 62 FR 10394, Mar. 6, imposed was five years or more, pro- 1997] vided that, if the offense was committed outside the United States, it §§ 316.6–316.9 [Reserved] was not a purely political offense; (iii) Violated any law of the United § 316.10 Good moral character. States, any State, or any foreign coun- (a) Requirement of good moral character try relating to a controlled substance, during the statutory period. (1) An appli- provided that the violation was not a cant for naturalization bears the bur- single offense for simple possession of den of demonstrating that, during the 30 grams or less of marijuana; statutorily prescribed period, he or she (iv) Admits committing any criminal has been and continues to be a person act covered by paragraphs (b)(2) (i), (ii), of good moral character. This includes or (iii) of this section for which there the period between the examination was never a formal charge, indictment, and the administration of the oath of arrest, or conviction, whether com- allegiance. mitted in the United States or any (2) In accordance with section 101(f) other country; of the Act, the Service shall evaluate (v) Is or was confined to a penal insti- claims of good moral character on a tution for an aggregate of 180 days pur- case-by-case basis taking into account suant to a conviction or convictions the elements enumerated in this sec- (provided that such confinement was tion and the standards of the average not outside the United States due to a citizen in the community of residence. conviction outside the United States The Service is not limited to reviewing for a purely political offense); the applicant’s conduct during the five (vi) Has given false testimony to ob- years immediately preceding the filing tain any benefit from the Act, if the of the application, but may take into testimony was made under oath or af- consideration, as a basis for its deter- firmation and with an intent to obtain mination, the applicant’s conduct and an immigration benefit; this prohibi- acts at any time prior to that period, if tion applies regardless of whether the the conduct of the applicant during the information provided in the false testi- statutory period does not reflect that mony was material, in the sense that if there has been reform of character given truthfully it would have rendered from an earlier period or if the earlier ineligible for benefits either the appli- conduct and acts appear relevant to a cant or the person on whose behalf the determination of the applicant’s applicant sought the benefit; present moral character. (vii) Is or was involved in prostitu- (b) Finding of a lack of good moral tion or commercialized vice as de- character. (1) An applicant shall be scribed in section 212(a)(2)(D) of the found to lack good moral character, if Act; the applicant has been: (viii) Is or was involved in the smug- (i) Convicted of murder at any time; gling of a person or persons into the or United States as described in section (ii) Convicted of an aggravated felony 212(a)(6)(E) of the Act; as defined in section 101(a)(43) of the (ix) Has practiced or is practicing po- Act on or after November 29, 1990. lygamy; (2) An applicant shall be found to (x) Committed two or more gambling lack good moral character if during the offenses for which the applicant was statutory period the applicant: convicted; (i) Committed one or more crimes in- (xi) Earns his or her income prin- volving moral turpitude, other than a cipally from illegal gambling activi- purely political offense, for which the ties; or applicant was convicted, except as (xii) Is or was a habitual drunkard.

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(3) Unless the applicant establishes § 316.10(b)(2)(ii), or, if confined, as hav- extenuating circumstances, the appli- ing been confined as a result of ‘‘con- cant shall be found to lack good moral viction’’ for purposes of character if, during the statutory pe- § 316.10(b)(2)(iv). riod, the applicant: (ii) Moral turpitude. An applicant who (i) Willfully failed or refused to sup- has committed or admits the commis- port dependents; sion of two or more crimes involving (ii) Had an extramarital affair which moral turpitude during the statutory tended to destroy an existing marriage; period is precluded from establishing or good moral character, even though the (iii) Committed unlawful acts that conviction record of one such offense adversely reflect upon the applicant’s has been expunged. moral character, or was convicted or imprisoned for such acts, although the [56 FR 50484, Oct. 7, 1991, as amended at 58 FR acts do not fall within the purview of 49913, Sept. 24, 1993] § 316.10(b) (1) or (2). (c) Proof of good moral character in cer- § 316.11 Attachment to the Constitu- tain cases—(1) Effect of probation or pa- tion; favorable disposition towards role. An applicant who has been on pro- the good order and happiness. bation, parole, or suspended sentence (a) General. An applicant for natu- during all or part of the statutory pe- ralization must establish that during riod is not thereby precluded from es- the statutorily prescribed period, he or tablishing good moral character, but she has been and continues to be at- such probation, parole, or suspended tached to the principles of the Con- sentence may be considered by the stitution of the United States and fa- Service in determining good moral vorably disposed toward the good order character. An application will not be and happiness of the United States. At- approved until after the probation, pa- tachment implies a depth of conviction role, or suspended sentence has been which would lead to active support of completed. (2) Full and unconditional executive the Constitution. Attachment and fa- pardon—(i) Before the statutory period. vorable disposition relate to mental at- An applicant who has received a full titude, and contemplate the exclusion and unconditional executive pardon from citizenship of applicants who are prior to the beginning of the statutory hostile to the basic form of government period is not precluded by § 316.10(b)(1) of the United States, or who disbelieve from establishing good moral character in the principles of the Constitution. provided the applicant demonstrates (b) Advocacy of peaceful change. At a that reformation and rehabilitation oc- minimum, the applicant shall satisfy curred prior to the beginning of the the general standard of paragraph (a) statutory period. of this section by demonstrating an ac- (ii) During the statutory period. An ap- ceptance of the democratic, representa- plicant who receives a full and uncon- tional process established by the Con- ditional executive pardon during the stitution, a willingness to obey the statutory period is not precluded by laws which may result from that proc- § 316.10(b)(2) (i) and (ii) from estab- ess, and an understanding of the means lishing good moral character, provided for change which are prescribed by the the applicant can demonstrate that ex- Constitution. The right to work for po- tenuating and/or exonerating cir- litical change shall be consistent with cumstances exist that would establish the standards in paragraph (a) of this his or her good moral character. section only if the changes advocated (3) Record expungement—(i) Drug offenses. Where an applicant has had his would not abrogate the current Gov- or her record expunged relating to one ernment and establish an entirely dif- of the narcotics offenses under section ferent form of government. 212(a)(2)(A)(i)(II) and section (c) Membership in the Communist Party 241(a)(2)(B) of the Act, that applicant or any other totalitarian organization. An shall be considered as having been applicant who is or has been a member ‘‘convicted’’ within the meaning of of or affiliated with the Communist

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Party or any other totalitarian organi- this section shall determine whether to zation shall be ineligible for natu- grant or deny the application, and ralization, unless the applicant’s mem- shall provide reasons for the deter- bership meets the exceptions in sec- mination, as required under section tions 313 and 335 of the Act and § 313.4 335(d) of the Act. of this chapter. (2) Appeal. An applicant whose application for naturalization has been de- § 316.12 Applicant’s legal incom- nied may request a hearing, which petency during statutory period. shall be carried out in accordance with (a) General. An applicant who is le- section 336 of the Act. gally competent at the time of the examination on the naturalization appli- §§ 316.15–316.19 [Reserved] cation and of the administration of the oath of allegiance may be admitted to § 316.20 American institutions of research, public international organi- citizenship, provided that the applicant zations, and designations under the fully understands the purpose and re- International Immunities Act. sponsibilities of the naturalization procedures. (a) American institutions of research. (b) Legal incompetence. Naturalization The following-listed organizations have is not precluded if, during part of the been determined to be American Insti- statutory period, the applicant was le- tutions of research recognized by the gally incompetent or confined to a Attorney General: mental institution. African Medical and Research Foundation (1) There is a presumption that the (AMREF–USA). applicant’s good moral character, at- Albert Einstein College of Medicine of Ye- tachment, and favorable disposition shiva University (only in relationship to which existed prior to the period of its research programs). American Friends of the Middle East, Inc. legal incompetency continued through American Institutes of Research in the Be- that period. The Service may, however, havioral Sciences (only in relationship to consider an applicant’s actions during research projects abroad). a period of legal incompetence, as evi- American Universities Field Staff, Inc. dence tending to rebut this presump- American University, The, Cairo, Egypt. tion. American University of Beirut (Near East (2) If the applicant has been declared College Associations). legally incompetent, the applicant has Arctic Institute of North America, Inc. the burden of establishing that legal Armour Research Foundation of Illinois In- stitute of Technology. competency has been restored. The ap- Asia Foundation, The (formerly Committee plicant shall submit legal and medical for a Free Asia, Inc.). evidence to determine and establish Association of Universities for Research in the claim of legal competency. Astronomy (AURA, Inc.), Tucson, AZ. (3) The applicant shall bear the bur- Atomic Bomb Casualty Commission. den of establishing that any crimes Beirut University College. committed, regardless of whether the Bermuda Biological Station for Research, applicant was convicted, occurred Inc. while the applicant was declared le- Bernice P. Biship Museum of Polynesian An- tiquities, Ethnology and Natural History gally incompetent. at Honolulu, HI. Brookhaven National Laboratory, Associ- § 316.13 [Reserved] ated Universities, Inc. Brown University (Department of Engineer- § 316.14 Adjudication—examination, ing), Providence, RI. grant, denial. Buffalo Eye Bank and Research Society, Inc. (a) Examination. The examination on Burma Office of Robert N. Nathan Associ- an application for naturalization shall ates, Inc. be conducted in accordance with Sec- California State University at Long Beach, tion 335 of the Act. Department of Geological Sciences. Carleton College (Department of Sociology (b) Determination—(1) Grant or denial. and Anthropology), Northfield, MN. Subject to supervisory review, the em- Center of Alcohol Studies, Laboratory of Ap- ployee of the Service who conducts the plied Biodynamics of Yale University. examination under paragraph (a) of Central Registry of Jewish Losses in Egypt.

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College of Engineering, University of Wis- Michigan State University, East Lansing, consin. MI. College of Medicine, State University of New Missouri Botanical Garden (research and York. educational programs only) Colorado State University (Research Foun- Natural Science Foundation, Philadelphia, dation), Fort Collins, CO. PA. Colorado University (International Eco- New York Zoological Society. nomic Studies Center), Boulder, CO. Paderewski Foundation, Inc. Columbia University (Parker School of For- Peabody Museum of Natural History of Yale eign and Comparative Law) and (Faculty of University. Pure Science), New York, NY. People to People Health Foundation, Inc., Cornell University (International Agricul- The (only in relationship to the scientific tural Development, University of the Phil- research activities that will be carried on ippines-Cornell University Graduate Edu- abroad by the medical staff of the SS cation Program). ‘‘Hope’’). Dartmouth Medical School. Pierce College (in relationship to research by Department of French, Department of Scan- an instructor, Department of Psychology), dinavian Languages, and Department of Athens, Greece. Near Eastern Languages of the University Population Council, The, New York, NY. of California, Berkeley, CA. Radio Liberty Committee, Inc. (formerly Duke University. American Committee for Liberation, Inc.; Environmental Research Laboratory of the American Committee for Liberation of the University of Arizona. Peoples of Russia, Inc.; American Com- Fletcher School of Law and Diplomacy, Med- mittee for Liberation from Bolshevism, ford, MA. Inc.). Ford Foundation, 477 Madison Avenue, New Rockefeller Foundation. York, NY. School of International Relations of the Uni- Free Europe, Inc. (formerly Free Europe versity of Southern California. Committee, Inc.; National Committee for a SIRIMAR (Societa Internazionale Recerche Free Europe (including Radio Free Eu- Marine) Division, Office of the Vice Presi- rope)). dent for Research, Pennsylvania State Uni- Georgetown University. versity. George Williams Hooper Foundation, San Social Science Research Council. Francisco Medical Center, University of Solar Energy Research Institute (SERI). California, San Francisco, CA. Stanford Electronic Laboratories, Depart- Gorgas Memorial Institute of Tropical and ment of Electrical Engineering, School of Preventive Medicine, Inc., and its oper- Engineering, Stanford University, Stan- ating unit, the Gorgas Memorial Labora- ford, CA. tory. Stanford Research Institute, Menlo Park, Graduate Faculty of Political and Social CA. Science Division of the New School for So- Stanford University (the George Vanderbilt cial Research, New York, NY. Foundation), Stanford, CA. Harvard Institute for International Develop- Syracuse University. ment. Tulane University Graduate School. Harvard-Yenching Institute. Tulane University Medical School. Humboldt State University, School of Nat- University of Alabama. ural Resources, Wildlife Management De- University of Alabama Medical Center. partment. University of Chicago (as a participant in Institute for Development Anthropology, the International Cooperation Administra- Inc. tion Program No. W–74 only). Institute of International Education, Inc. University of Colorado (Department of His- Institute of International Studies, Univer- tory), Boulder, CO. sity of California, Berkeley, CA. University of Connecticut, College of Liberal International Center for Social Research, Arts and Science (Department of Germanic New York, NY. and Slavic Languages). International Development Foundation, Inc. University of Hawaii, Honolulu, HI. International Development Services, Inc. University of Ilinois at Urbana–Champaign, International Research Associates, Inc. Austria–Illinois Exchange Program. Inter-University Program for Chinese Lan- University of Kansas, Office of International guage Studies (formerly Stanford Center Programs. for Chinese Studies) in Taipei, Taiwan. University of La Verne (La Verne College of Iowa State University. Athens) Iran Foundation, Inc., The. University of Michigan (School of Natural Kossuth Foundation, Inc., The, New York, Resources), Ann Arbor, MI. NY. University of Minnesota, Department of Louisiana State University. Plant Pathology (in relationship to re- Massachusetts Institute of Technology. search project abroad).

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University of Nebraska Mission in Columbia, Inter-American Institute for Cooperation on South America. Agriculture (E.O. 9751, July 11, 1946). University of North Carolina at Chapel Hill. Inter-American Statistical Institute (E.O. University of Notre Dame, Notre Dame, IN. 9751, July 11, 1946). University of Puerto Rico. Inter-American Tropical Tuna Commission University of Washington (Department of (E.O. 11059, Oct. 23, 1962). Marketing, Transportation, and Inter- Intergovernmental Committee for European national Business) and (The School of Pub- Migration (formerly the Provisional Inter- lic Health and Community Medicine), Se- governmental Committee for the Move- attle, WA. ment of Migrants from Europe) (E.O. 10335, Wayne State University, Detroit, MI. Mar. 28, 1952). Wenner-Gren Foundation for Anthropo- Intergovernmental Maritime Consultative logical Research, Inc. Organization (E.O. 10795, Dec. 13, 1958). Williams College, Economic Department, International Atomic Energy Agency (E.O. Williamstown, MA. 10727, Aug. 31, 1957). (b) Public international organizations International Bank for Reconstruction and Development (E.O. 9751, July 11, 1946). of which the United States is a member by International Centre for Settlement of In- treaty or statute. The following-listed vestment Disputes (E.O. 11966, Jan. 19, organizations have been determined to 1977). be public international organizations International Civil Aviation Organization of which the United States is a member (E.O. 9863, May 31, 1947). by treaty or statute: International Coffee Organization (E.O. 11225, May 22, 1965). The North Atlantic Treaty Organization. International Cotton Advisory Committee United Nations and all agencies and organi- (E.O. 9911, Dec. 19, 1947). zations which are a part thereof. International Development Association (E.O. 11966, Jan. 19, 1977). (c) International Organizations Immu- International Fertilizer Development Center nities Act designations. The following (E.O. 11977, Mar. 14, 1977). public international organizations are International Finance Corporation (E.O. entitled to enjoy the privileges, exemp- 10680, Oct. 2, 1956). tions, and immunities provided for in International Food Policy Research Insti- the International Organizations Immu- tute (E.O. 12359, Apr. 22, 1982). nities Act, and are considered as public International Hydrographic Bureau (E.O. 10769, May 29, 1958). international organizations of which International Institute for Cotton (E.O. the United States is a member by trea- 11283, May 27, 1966). ty or statute within the meaning of International Joint Commission—United section 316(b) of the Act and as public States and Canada (E.O. 9972, June 25, international organizations in which 1948). the United States participates by trea- International Labor Organization, The (func- ty or statute within the meaning of tions through staff known as The Inter- section 319(b) of the Act: national Labor Office) (E.O. 9698, Feb. 19, 1946). African Development Bank (E.O. 12403, Feb. International Maritime Satellite Organiza- 8, 1983). tion (E.O. 12238, Sept. 12, 1980). African Development Fund (E.O. 11977, Mar. International Monetary Fund (E.O. 9751, 14, 1977). July 11, 1946). Asian Development Bank (E.O. 11334, Mar. 7, International Pacific Halibut Commission 1967). (E.O. 11059, Oct. 23, 1962). Caribbean Organization (E.O. 10983, Dec. 30, International Secretariat for Volunteer 1961). Service (E.O. 11363, July 20, 1967). Criminal Police Organization (E.O. 12425, International Telecommunication Union June 16, 1983). (E.O. 9863, May 31, 1947). Customs Cooperation Council (E.O. 11596, International Telecommunications Satellite June 5, 1971). Organization (INTELSAT) (E.O. 11718, May European Space Research Organization 14, 1973). (ESRO) (E.O. 11760, Jan. 17, 1974). International Wheat Advisory Committee Food and Agriculture Organization, The (E.O. 9823, Jan. 24, 1947). (E.O. 9698, Feb 19, 1946). Multinational Force and Observers (E.O. Great Lakes Fishery Commission (E.O. 11059, 12359, Apr. 22, 1982). Oct. 23, 1962). Organization for European Economic Co- Inter-American Defense Board (E.O. 10228, operation (E.O. 10133, June 27, 1950) (Now Mar. 26, 1951). known as Organization for Economic Co- Inter-American Development Bank (E.O. operation and Development; 28 FR 2959, 10873, Apr. 8, 1960). Mar. 26, 1963).

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Organization of African Unity (OAU) (E.O. PART 319—SPECIAL CLASSES OF 11767, Feb. 19, 1974). Organization of American States (includes PERSONS WHO MAY BE NATU- Pan American Union) (E.O. 10533, June 3, RALIZED: SPOUSES OF UNITED 1954). STATES CITIZENS Pan American Health Organization (includes Pan American Sanitary Bureau) (E.O. Sec. 10864, Feb. 18, 1960). 319.1 Person living in marital union with Preparatory Commission of the Inter- United States citizen spouse. national Atomic Energy Agency (E.O. 319.2 Person whose United States citizen 10727, Aug. 31, 1957). spouse is employed abroad. Preparatory Commission for the Inter- 319.3 Surviving spouses of United States national Refugee Organization and its suc- citizens who died during a period of hon- cessor, the International Refugee Organi- orable service in an active duty status in zation (E.O. 9887, Aug. 22, 1947). the Armed Forces of the United States. South Pacific Commission (E.O. 10086, Nov. 319.4 Persons continuously employed for 5 25, 1949). years by United States organizations en- United International Bureau for the Protec- gaged in disseminating information. tion of Intellectual Property (BIRPI) (E.O. 319.5 Public international organizations in 11484, Sept. 29, 1969). which the U.S. participates by treaty or United Nations, The (E.O. 9698, Feb. 19, 1946). statute. 319.6 United States nonprofit organizations United Nations Educational, Scientific, and engaged abroad in disseminating infor- Cultural Organizations (E.O. 9863, May 31, mation which significantly promotes 1947). U.S. interests. Universal Postal Union (E.O. 10727, Aug. 31, 319.7–319.10 [Reserved] 1957). 319.11 Filing of application. World Health Organization (E.O. 10025, Dec. 30, 1948). AUTHORITY: 8 U.S.C. 1103, 1430, 1443. World Intellectual Property Organization (E.O. 11866, June 18, 1975). § 319.1 Persons living in marital union World Meteorological Organization (E.O. with United States citizen spouse. 10676, Sept. 1, 1956). (a) Eligibility. To be eligible for natu- [32 FR 9634, July 4, 1967. Redesignated and ralization under section 319(a) of the amended at 56 FR 50487, Oct. 7, 1991] Act, the spouse of a United States citizen must establish that he or she: EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 316.20, see the List of CFR (1) Has been lawfully admitted for Sections Affected, which appears in the permanent residence to the United Finding Aids section of the printed volume States; and on GPO Access. (2) Has resided continuously within the United States, as defined under PART 318—PENDING REMOVAL § 316.5 of this chapter, for a period of at least three years after having been law- PROCEEDINGS fully admitted for permanent residence; AUTHORITY: 8 U.S.C. 1103, 1252, 1429, 1443; 8 (3) Has been living in marital union CFR part 2. with the citizen spouse for the three years preceding the date of examina- SOURCE: 62 FR 10394, Mar. 6, 1997, unless otherwise noted. tion on the application, and the spouse has been a United States citizen for the § 318.1 Warrant of arrest. duration of that three year period; (4) Has been physically present in the For the purposes of section 318 of the United States for periods totaling at Act, a notice to appear issued under 8 least 18 months; CFR part 239 (including a charging doc- (5) Has resided, as defined in § 316.5 of ument issued to commence proceedings this chapter, for at least 3 months im- under sections 236 or 242 of the Act mediately preceding the filing of the prior to April 1, 1997) shall be regarded application, or immediately preceding as a warrant of arrest. the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the

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three month period falls within the re- yond their control, such as military quired period of residence under sec- service in the Armed Forces of the tion 316(a) or 319(a) of the Act, in the United States or essential business or State or Service district having juris- occupational demands, rather than be- diction over the alien’s actual place of cause of voluntary legal or informal residence and in which the alien has separation, the resulting separation, filed the application; even if prolonged, will not preclude (6) Has resided continuously within naturalization under this part. the United States from the date of ap- (c) Physical presence in the United plication for naturalization until the States. In the event that the alien time of admission to citizenship; spouse has never been in the United (7) For all relevant periods under this States, eligibility under this section is paragraph, has been and continues to not established even though the alien be a person of good moral character, spouse resided abroad in marital union attached to the principles of the Con- with the citizen spouse during the stitution of the United States, and fa- three year period. vorably disposed toward the good order [56 FR 50488, Oct. 7, 1991] and happiness of the United States; and (8) Has complied with all other re- § 319.2 Person whose United States cit- quirements for naturalization as pro- izen spouse is employed abroad. vided in part 316 of this chapter, except (a) Eligibility. To be eligible for natu- for those contained in § 316.2 (a)(3) ralization under section 319(b) of the through (a)(5) of this chapter. Act, the alien spouse of a United States (b) Marital union—(1) General. An ap- citizen must: plicant lives in marital union with a (1) Establish that his or her citizen citizen spouse if the applicant actually spouse satisfies the requirements under resides with his or her current spouse. section 319(b)(1) of the Act, including The burden is on the applicant to es- that he or she is regularly stationed tablish, in each individual case, that a abroad. For purposes of this section, a particular marital union satisfies the citizen spouse is regularly stationed requirements of this part. abroad if he or she proceeds abroad, for (2) Loss of Marital Union—(i) Divorce, a period of not less than one year, pur- death or expatriation. A person is ineli- suant to an employment contract or gible for naturalization as the spouse orders, and assumes the duties of em- of a United States citizen under section ployment; 319(a) of the Act if, before or after the (2) At the time of examination on the filing of the application, the marital application for naturalization, be union ceases to exist due to death or present in the United States pursuant divorce, or the citizen spouse has expa- to a lawful admission for permanent triated. Eligibility is not restored to an residence; applicant whose relationship to the cit- (3) At the time of naturalization, be izen spouse terminates before the ap- present in the United States; plicant’s admission to citizenship, even (4) Declare in good faith, upon natu- though the applicant subsequently ralization before the Service, an inten- marries another United States citizen. tion: (ii) Separation—(A) Legal separation. (i) To reside abroad with the citizen Any legal separation will break the spouse; and continuity of the marital union re- (ii) To take up residence within the quired for purposes of this part. United States immediately upon the (B) Informal separation. Any informal termination of the citizen spouse’s em- separation that suggests the possibility ployment abroad; of marital disunity will be evaluated (5) Be a person of good moral char- on a case-by-case basis to determine acter, attached to the principles of the whether it is sufficient enough to sig- Constitution of the United States, and nify the dissolution of the marital favorably disposed toward the good union. order and happiness of the United (C) Involuntary separation. In the States; and event that the applicant and spouse (6) Comply with all other require- live apart because of circumstances be- ments for naturalization as provided in

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part 316 of this chapter, except for (4) Be a person of good moral char- those contained in § 316.2(a)(3) through acter, attached to the principles of the (a)(6) of this chapter. Constitution of the United States, and (b) Alien spouse’s requirement to depart favorably disposed toward the good abroad immediately after naturalization. order and happiness of the United An alien spouse seeking naturalization States; and under section 319(b) of the Act must: (5) Comply with all other require- (1) Establish that he or she will de- ments for naturalization as provided in part to join the citizen spouse within 30 part 316 of this chapter, except for to 45 days after the date of naturaliza- those contained in § 316.2(a)(3) through tion; (a)(6) of this chapter. (2) Notify the Service immediately of (b) Remarriage of the surviving spouse. any delay or cancellation of the citizen The surviving spouse of a United spouse’s assignment abroad; and States citizen described under para- (3) Notify the Service immediately if graph (a)(1) of this section remains eli- he or she is unable to reside with the gible for naturalization under section citizen spouse because the citizen 319(d) of the Act, even if the surviving spouse is employed abroad in an area of spouse remarries. hostilities where dependents may not [56 FR 50488, Oct. 7, 1991] reside. (c) Loss of marital union due to death, § 319.4 Persons continuously employed divorce, or expatriation of the citizen for 5 years by United States organizations engaged in disseminating spouse. A person is ineligible for natu- information. ralization as the spouse of a United States citizen under section 319(b) of To be eligible for naturalization the Act if, before or after the filing of under section 319(c) of the Act, an ap- the application, the marital union plicant must: ceases to exist due to death or divorce, (a) Establish that he or she is em- or the citizen spouse has expatriated. ployed as required under section Eligibility is not restored to an appli- 319(c)(1) of the Act; cant whose relationship to the citizen (b) Reside in the United States pursu- spouse terminates before the appli- ant to a lawful admission for perma- cant’s admission into citizenship, even nent residence; though the applicant subsequently (c) Establish that he or she has been marries another United States citizen. employed as required under paragraph (a) of this section continuously for a [56 FR 50488, Oct. 7, 1991] period of not less than five years after a lawful admission for permanent resi- § 319.3 Surviving spouses of United dence; States citizens who died during a (d) File his or her application for nat- period of honorable service in an uralization while employed as required active duty status in the Armed Forces of the United States. under paragraph (a) of this section, or within six months following the termi- (a) Eligibility. To be eligible for natu- nation of such employment; ralization under section 319(d) of the (e) Be present in the United States at Act, the surviving spouse of a United the time of naturalization; States citizen must: (f) Declare in good faith, upon natu- (1) Establish that his or her citizen ralization before the Service, an inten- spouse died during a period of honor- tion to take up residence within the able service in an active duty status in United States immediately upon his or the Armed Forces of the United States; her termination of employment; (2) Establish that he or she was living (g) Be a person of good moral char- in marital union with the citizen acter, attached to the principles of the spouse, in accordance with § 319.1(b), at Constitution of the United States, and the time of that spouse’s death; favorably disposed toward the good (3) At the time of examination on the order and happiness of the United application for naturalization, reside in States; and the United States pursuant to a lawful (h) Comply with all other require- admission for permanent residence; ments for naturalization as provided in

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part 316 of this chapter, except for §§ 319.7–319.10 [Reserved] those contained in § 316.2(a)(3) through (a)(6) of this chapter. § 319.11 Filing of application. [56 FR 50489, Oct. 7, 1991] (a) General. An applicant covered by this part shall submit to the Service an § 319.5 Public international organiza- application for naturalization on Form tions in which the U.S. participates N–400, with the required fee, in accord- by treaty or statute. ance with the instructions contained Organizations designated by the therein. An alien spouse applying for President as international organiza- naturalization under section 319(b) of tions pursuant to the International Or- the Act and § 319.2 shall also submit a ganizations Immunities Act are consid- statement of intent containing the fol- ered as public international organiza- lowing information about the citizen tions in which the United States par- spouse’s employment and the appli- ticipates by treaty or statute within cant’s intent following naturalization: the meaning of section 319(b) or the (1) The name of the employer and: Act. For a list of such organizations (i) The nature of the employer’s busi- see § 316.20(b) of this chapter. In addi- ness; or tion, the following have been deter- (ii) The ministerial, religious, or mis- mined to be public international orga- sionary activity in which the employer nizations within the purview of section 319(b) of the Act: is engaged; (2) Whether the employing entity is The North Atlantic Treaty Organization. owned in whole or in part by United The United Nations and all agencies and or- States interests; ganizations which are a part thereof. (3) Whether the employing entity is The regional commissioner shall for- engaged in whole or in part in the de- ward a copy of each decision regarding velopment of the foreign trade and a public international organization to commerce of the United States; the Assistant Commissioner, Natu- (4) The nature of the activity in ralization. which the citizen spouse is engaged; [32 FR 9635, July 4, 1967. Redesignated at 33 (5) The anticipated period of employ- FR 255, Jan. 9, 1968. Further redesignated and ment abroad; amended at 56 FR 50489, Oct. 7, 1991] (6) Whether the alien spouse intends to reside abroad with the citizen § 319.6 United States nonprofit organi- spouse; and, zations engaged abroad in dissemi- (7) Whether the alien spouse intends nating information which significantly promotes U.S. interests. to take up residence within the United States immediately upon the termi- The following have been determined nation of such employment abroad of to be U.S. incorporated nonprofit orga- the citizen spouse. nizations principally engaged in con- (b) Applications by military spouses—(1) ducting abroad through communica- General. The alien spouses of United tions media the dissemination of infor- States military personnel being as- mation which significantly promotes signed abroad must satisfy the basic U.S. interests abroad within the pur- requirements of section 319(b) of the view of section 319(c) of the Act: Act and of paragraph (a) of this sec- Free Europe, Inc.; formerly Free Europe tion. Committee, Inc.; National Committee for a (2) Government expense. In the event Free Europe (including Radio Free Eu- that transportation expenses abroad rope)). Radio Liberty Committee, Inc. (formerly for the alien spouse are to be paid by American Committee for Liberation, Inc.; military authorities, a properly exe- American Committee for Liberation of the cuted Certificate of Overseas Assign- Peoples of Russia, Inc.; American Com- ment to Support Application to File mittee for Liberation from Bolshevism, Petition for Naturalization, DD Form Inc.). 1278 will be submitted in lieu of the [33 FR 255, Jan. 9, 1968. Redesignated and statement of intent required by para- amended at 56 FR 50489, Oct. 7, 1991] graph (a) of this section. Any DD Form

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1278 issued more than 90 days in ad- izen parent(s) recognizes the foreign vance of departure is unacceptable for adoption as full and final under that purposes of this section. state’s adoption laws. (3) Private expense. In the event that Adopted child means a person who has the alien spouse is not authorized to been adopted as defined above and who travel abroad at military expense, the meets the requirements of section alien spouse must submit in lieu of the 101(b)(1)(E) or (F) of the Act. statement of intent required by para- Child means a person who meets the graph (a) of this section: requirements of section 101(c)(1) of the (i) A copy of the citizen spouse’s Act. military travel orders, Joint custody, in the case of a child of (ii) A letter from the citizen spouse’s divorced or legally separated parents, commanding officer indicating that the means the award of equal responsi- military has no objection to the appli- bility for and authority over the care, cant traveling to and residing in the vi- education, religion, medical treatment, cinity of the citizen spouse’s new duty and general welfare of a child to both station; and parents by a court of law or other ap- (iii) Evidence of transportation ar- propriate government entity pursuant rangements to the new duty station. to the laws of the state or country of [56 FR 50489, Oct. 7, 1991] residence. Legal custody refers to the responsi- PART 320—CHILD BORN OUTSIDE bility for and authority over a child. THE UNITED STATES AND RESID- (1) For the purpose of the CCA, the Service will presume that a U.S. cit- ING PERMANENTLY IN THE izen parent has legal custody of a child, UNITED STATES; REQUIREMENTS and will recognize that U.S. citizen FOR AUTOMATIC ACQUISITION parent as having lawful authority over OF CITIZENSHIP the child, absent evidence to the con- trary, in the case of: Sec. (i) A biological child who currently 320.1 What definitions are used in this part? resides with both natural parents (who 320.2 Who is eligible for citizenship? are married to each other, living in 320.3 How, where, and what forms and other documents should be filed? marital union, and not separated), 320.4 Who must appear for an interview on (ii) A biological child who currently the application for citizenship? resides with a surviving natural parent 320.5 What happens if the application is ap- (if the other parent is deceased), or proved or denied by the Service? (iii) In the case of a biological child AUTHORITY: 8 U.S.C. 1103, 1443; 8 CFR part born out of wedlock who has been 2. legitimated and currently resides with SOURCE: 66 FR 32144, June 13, 2001, unless the natural parent. otherwise noted. (2) In the case of an adopted child, a determination that a U.S. citizen par- § 320.1 What definitions are used in ent has legal custody will be based on this part? the existence of a final adoption de- As used in this part, the term: cree. In the case of a child of divorced Adopted means adopted pursuant to a or legally separated parents, the Serv- full, final and complete adoption. If a ice will find a U.S. citizen parent to foreign adoption of an orphan was not have legal custody of a child, for the full and final, was defective, or the un- purpose of the CCA, where there has married U.S. citizen parent or U.S. cit- been an award of primary care, control, izen parent and spouse jointly did not and maintenance of a minor child to a see and observe the child in person parent by a court of law or other ap- prior to or during the foreign adoption propriate government entity pursuant proceedings, the child is not considered to the laws of the state or country of to have been fully, finally and com- residence. The Service will consider a pletely adopted and must be readopted U.S. citizen parent who has been in the United States. Readoption re- awarded ‘‘joint custody,’’ to have legal quirements may be waived if the state custody of a child. There may be other of residence of the United States cit- factual circumstances under which the

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Service will find the U.S. citizen par- under § 320.2. In addition to the forms ent to have legal custody for purposes and the appropriate fee as required in of the CCA. § 103.7(b)(1) of this chapter, an applicant must submit the following required § 320.2 Who is eligible for citizenship? documents unless such documents are (a) General. To be eligible for citizen- already contained in the Service ad- ship under section 320 of the Act, a per- ministrative file(s): son must establish that the following (i) The child’s birth certificate or conditions have been met after Feb- record; ruary 26, 2001: (ii) Marriage certificate of child’s (1) The child has at least one United parents (if applicable); States citizen parent (by birth or natu- (iii) If the child’s parents were mar- ralization); ried before their marriage to each (2) The child is under 18 years of age; other, proof of termination of any pre- and vious marriage of each parent (e.g., (3) The child is residing in the United death certificate or divorce decree); States in the legal and physical cus- (iv) Evidence of U.S. citizenship of tody of the United States citizen par- parent, (i.e., birth certificate; natu- ent, pursuant to a lawful admission for ralization certificate; FS–240, Report of permanent residence. Birth Abroad; a valid unexpired U.S. (b) Additional requirements if child is passport; or certificate of citizenship); adopted. If adopted, the child must (v) If the child was born out of wed- meet all of the requirements in para- lock, documents verifying legitimation graph (a) of this section as well as sat- according to the laws of the child’s res- isfy the requirements applicable to idence or domicile or father’s residence adopted children under section 101(b)(1) or domicile (if applicable); of the Act. (vi) In case of divorce, legal separation, or adoption, documentation of § 320.3 How, where, and what forms legal custody; and other documents should be (vii) Copy of Permanent Resident filed? Card/Alien Registration Receipt Card (a) Application. Individuals who are or other evidence of lawful permanent applying for certificate of citizenship resident status (e.g. I–551 stamp in a on their own behalf should file a Form valid foreign passport or Service-issued N–600, Application for Certificate of travel document); Citizenship. An application for a cer- (viii) If adopted, a copy of the full, tificate of citizenship under this sec- final adoption decree and, if the adoption on behalf of a minor biological tion was outside of the United States child shall be submitted on Form N– and the child immigrated as an IR–4 600, Application for Certificate of Citi- (orphans coming to the United States zenship, by the U.S. citizen parent(s) or to be adopted by U.S. citizen parent(s)), legal guardian. An application for a evidence that the foreign adoption is certificate of citizenship under this recognized by the state where the child section on behalf of a minor adopted is permanently residing; and child shall be submitted on Form N– (ix) Evidence of all legal name 643, Application for Certificate of Citi- changes, if applicable, for the child and zenship in Behalf of An Adopted Child U.S. citizen parent. by U.S. citizen adoptive parent(s) or (2) If the Service requires any addi- legal guardian. The completed applica- tional documentation to make a deci- tion and accompanying supporting doc- sion on the application for certificate umentation must be filed at the appro- of citizenship, applicants may be asked priate stateside Service district office to provide that documentation under or sub-office with jurisdiction over the separate cover or at the time of inter- U.S. citizen parent and child’s resi- view. Applicants do not need to submit dence. The application must be filed documents that were submitted in con- with the filing fee required in nection with: An application for immi- § 103.7(b)(1) of this chapter. grant visa and retained by the Amer- (b) Evidence. (1) An applicant under ican Consulate for inclusion in the im- this section shall establish eligibility migrant visa package, or an immigrant

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petition or application and included in with notification of appeal rights in all a Service administrative file. Appli- certificate of citizenship cases, includ- cants should indicate that they wish to ing any case denied due to the appli- rely on such documents and identify cant’s failure to prosecute the applica- the administrative file(s) by name and tion. alien number. The Service will only request the required documentation PART 322—CHILD BORN OUTSIDE again if necessary. THE UNITED STATES; REQUIRE- § 320.4 Who must appear for an inter- MENTS FOR APPLICATION FOR view on the application for citizen- CERTIFICATE OF CITIZENSHIP ship? All applicants (and U.S. citizen par- Sec. 322.1 What are the definitions used in this ent(s) if application filed on behalf of a part? minor biological or adopted child) 322.2 Who is eligible for citizenship? must appear for examination unless 322.3 How, where, and what forms and other such examination is waived under the documents should the United States cit- guidelines expressed in § 341.2 of this izen parent(s) file? chapter. 322.4 Who must appear for an interview on the application for citizenship? § 320.5 What happens if the applica- 322.5 What happens if the application is ap- tion is approved or denied by the proved or denied by the Service? Service? AUTHORITY: 8 U.S.C. 1103, 1443; 8 CFR part (a) Approval of application. If the ap- 2. plication for the certificate of citizen- SOURCE: 66 FR 32144, June 13, 2001, unless ship is granted, after the applicant otherwise noted. takes the oath of allegiance prescribed in 8 CFR part 337, unless the oath is § 322.1 What are the definitions used waived, the Service will issue a certifi- in this part? cate of citizenship. As used in this part the term: (b) Denial of application. If the deci- Adopted means adopted pursuant to a sion of the district director is to deny full, final and complete adoption. In the application for a certificate of citi- the case of an orphan adoption, if a for- zenship under this section, the appli- eign adoption was not full and final, cant shall be furnished with the rea- was defective, or the unmarried U.S. sons for denial and advised of the right citizen parent or U.S. citizen parent to appeal in accordance with the provi- and spouse jointly did not see and ob- sions of 8 CFR 103.3(a). An applicant serve the child in person prior to or may file an appeal on Form I–290B, No- during the foreign adoption pro- tice of Appeal to the Administrative ceedings, an orphan is not considered Appeals Unit (AAU), with the required to have been adopted and must be re- fee prescribed in § 103.7(b)(1) of this adopted in the United States or satisfy chapter, in accordance with the in- the requirements of section 101(b)(1)(E) structions therein and with any sup- of the Act. porting documentation addressing the Adopted child means a person who has reasons for denial. To be timely, an ap- been adopted as defined above and who peal must be filed within 30 days of meets the requirements of section service of the decision. After an appli- 101(b)(1)(E) or (F) of the Act. cation for a certificate of citizenship Child means a person who meets the has been denied and the time for appeal requirements of section 101(c)(1) of the has expired, a second application sub- Act. mitted by the same individual shall be Lawful admission shall have the same rejected and the applicant will be in- meaning as provided in section structed to submit a motion for re- 101(a)(13) of the Act. opening or reconsideration in accord- Joint custody, in the case of a child of ance with 8 CFR 103.5. The motion divorced or legally separated parents, shall be accompanied by the rejected means the award of equal responsi- application and the fee specified in 8 bility for and authority over the care, CFR 103.7. A decision shall be issued education, religion, medical treatment

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and general welfare of a child to both sions for at least 5 years, at least 2 of parents by a court of law or other ap- which were after the age of 14, or the propriate government entity pursuant United States citizen parent has a to the laws of the state or country of United States citizen parent who has residence. been physically present in the United Legal custody refers to the responsi- States or its outlying possessions for bility for and authority over a child. at least 5 years, at least 2 of which (1) For the purpose of the CCA, the were after the age of 14; Service will presume that a U.S. cit- (3) The child currently is under 18 izen parent has legal custody of a child, years of age; and will recognize that U.S. citizen (4) The child currently is residing parent as having lawful authority over outside the United States in the legal the child, absent evidence to the con- and physical custody of the United trary, in the case of: States citizen parent; and (i) A biological child who currently (5) The child is temporarily present resides with both natural parents (who in the United States pursuant to a law- are married to each other, living in ful admission and is maintaining such marital union, and not separated), lawful status in the United States. (ii) A biological child who currently (b) Additional requirements if child is resides with a surviving natural parent adopted. If an adopted child, all of the (if the other parent is deceased), or requirements in paragraph (a) of this (iii) In the case of a biological child section must be fulfilled and the child born out of wedlock who has been must satisfy the requirements applica- legitimated and currently resides with ble to adopted children under section the natural parent. 101(b)(1) of the Act. (2) In the case of an adopted child, a determination that a U.S. citizen par- § 322.3 How, where, and what forms ent has legal custody will be based on and other documents should the the existence of a final adoption de- United States citizen parent(s) file? cree. In the case of a child of divorced (a) Application. An application for a or legally separated parents, the Serv- certificate of citizenship under this ice will find a U.S. citizen parent to section on behalf of a biological child have legal custody of a child, for the shall be submitted on Form N–600, Ap- purpose of the CCA, where there has plication for Certificate of Citizenship, been an award of primary care, control, by the U.S. citizen parent(s). An appli- and maintenance of a minor child to a cation for a certificate of citizenship parent by a court of law or other ap- under this section on behalf of an propriate government entity pursuant adopted child shall be submitted on to the laws of the state or country of Form N–643, Application for Certificate residence. The Service will consider a of Citizenship in Behalf of An Adopted U.S. citizen parent who has been Child by U.S. citizen adoptive par- awarded ‘‘joint custody,’’ to have legal ent(s). The completed application and custody of a child. There may be other accompanying supporting documenta- factual circumstances under which the tion may be filed at any stateside dis- Service will find the U.S. citizen par- trict office or suboffice. The applica- ent to have legal custody for purposes tion must be filed with the filing fee of the CCA. required in § 103.7(b)(1) of this chapter. The U.S. citizen parent should include § 322.2 Who is eligible for citizenship? a request with the N–600 or N–643, not- (a) General. A child will be eligible ing preferred interview dates, and for citizenship under section 322 of the should allow sufficient time (at least Act, if the following conditions have ninety days) to enable the Service of- been fulfilled: fice to preliminarily adjudicate the ap- (1) The child has at least one United plication, schedule the interview, and States citizen parent (by birth or natu- send the appointment notice to the for- ralization); eign address. (2) The United States citizen parent (b) Evidence. (1) An applicant under has been physically present in the this section shall establish eligibility United States or its outlying posses- under § 322.2. In addition to the forms

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and the appropriate fee as required in citizen parent, or U.S. citizen grand- § 103.7(b)(1) of this chapter, an applicant parent. must submit the following required (2) If the Service requires any addi- documents unless such documents are tional documentation to make a deci- already contained in the Service ad- sion on the Form N–600 or N–643, par- ministrative file(s): ents may be asked to provide that doc- (i) The child’s birth certificate or umentation under separate cover or at record; the time of interview. Parents do not (ii) Marriage certificate of child’s need to submit documents that were parents (if applicable); submitted in connection with: An ap- (iii) If the child’s parents were mar- plication for immigrant visa and re- ried before their marriage to each tained by the American Consulate for other, proof of termination of any pre- inclusion in the immigrant visa pack- vious marriage of each parent (e.g., age, or another immigrant petition or death certificate or divorce decree); application and included in a Service (iv) Evidence of U.S. citizenship of administrative file. Parents should in- parent (i.e., birth certificate; natu- dicate that they wish to rely on such ralization certificate; FS–240, Report of documents and identify the adminis- Birth Abroad; a valid unexpired U.S. trative file(s) by name and alien num- passport; or certificate of citizenship); ber. The Service will only request the (v) If the child was born out of wed- required documentation again if nec- lock, documents verifying legitimation essary. according to the laws of the child’s residence or domicile or father’s residence § 322.4 Who must appear for an inter- or domicile (if applicable); view on the application for citizen- (vi) In case of divorce, legal separa- ship? tion, or adoption, documentation of The U.S. citizen parent and the child legal custody (if applicable); shall appear in person before a Service (vii) Documentation establishing officer for examination on the applica- that the U.S. citizen parent or U.S. cit- tion for certificate of citizenship. izen grandparent meets the required physical presence requirements (e.g., § 322.5 What happens if the applica- school records, military records, util- tion is approved or denied by the ity bills, medical records, deeds, mort- Service? gages, contracts, insurance policies, re- (a) Approval of application. If the ap- ceipts, or attestations by churches, plication for certificate of citizenship unions, or other organizations); is approved, after the applicant takes (viii) Evidence that the child is the oath of allegiance prescribed in 8 present in the United States pursuant CFR part 337, unless the oath is waived, to a lawful admission and is maintain- the Service will issue a certificate of ing such lawful status (e.g., Form I–94, citizenship. The child is a citizen as of Arrival/Departure Record) (in certain the date of approval and administra- circumstances, this evidence may be tion of the oath of allegiance. presented at the time of interview); (b) Denial of application. If the deci- (ix) If adopted, a copy of a full, final sion of the district director is to deny adoption decree; the application for a certificate of citi- (x) For adopted children (not or- zenship under this section, the appli- phans) applying under section 322 of cant shall be furnished with the rea- the Act, evidence that they satisfy the sons for denial and advised of the right requirements of section 101(b)(1)(E); to appeal in accordance with the provi- (xi) For adopted orphans applying sions of 8 CFR 103.3(a). An applicant under section 322 of the Act, a copy of may file an appeal on Form I–290B, No- notice of approval of a Form I–600 Peti- tice of Appeal to the Administrative tion to Classify Orphan as an Imme- Appeals Unit (AAU), with the required diate Relative, and supporting docu- fee prescribed in § 103.7(b)(1) of this mentation for such form (except the chapter, in accordance with the in- home study); and structions therein and with any sup- (xii) Evidence of all legal name porting documentation addressing the changes, if applicable, for child, U.S. reasons for denial. To be timely filed,

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an appeal must be filed within 30 days (2) Lost or may have lost United of service of the decision. After an ap- States citizenship: plication for a certificate of citizenship (i) Prior to September 22, 1922, by has been denied and the time for appeal marriage to an alien, or by the loss of has expired, a second application sub- United States citizenship of the appli- mitted by the same individual shall be cant’s spouse; or rejected and the applicant will be in- (ii) On or after September 22, 1922, by structed to submit a motion for remarriage before March 3, 1931 to an opening or reconsideration in accord- alien ineligible to citizenship; ance with 8 CFR 103.5. The motion (3) Did not acquire any other nation- shall be accompanied by the rejected application and the fee specified in 8 ality by affirmative act other than by CFR 103.7. A decision shall be issued marriage; with notification of appeal rights in all (4) Either: certificate of citizenship cases, includ- (i) Has resided in the United States ing any case denied due to the appli- continuously since the date of the mar- cant’s failure to prosecute the applica- riage referred to in paragraph (a)(2) of tion. this section; or (ii) Has been lawfully admitted for PART 324—SPECIAL CLASSES OF permanent residence prior to filing an PERSONS WHO MAY BE application for naturalization; NATURALlZED: WOMEN WHO (5) Has been and is a person of good HAVE LOST UNITED STATES CITI- moral character, attached to the prin- ZENSHIP BY MARRIAGE AND ciples of the Constitution of the United FORMER CITIZENS WHOSE NATU- States, and favorably disposed toward RALIZATION IS AUTHORIZED BY the good order and happiness of the United States, for the period of not less PRlVATE LAW than five years immediately preceding the examination on the application for Sec. 324.1 Definitions. naturalization up to the time of admis- 324.2 Former citizen at birth or by natu- sion to citizenship; and ralization. (6) Complies with all other require- 324.3 Women, citizens of the United States ments for naturalization as provided in at birth, who lost or are believed to have part 316 of this chapter, except that: lost citizenship by marriage and whose marriage has terminated. (i) The applicant is not required to 324.4 Women restored to United States citi- satisfy the residence requirements zenship by the act of June 25, 1936, as under § 316.2(a)(3) through (a)(6) of this amended by the act of July 2, 1940. chapter; and, 324.5 Former citizen of the United States (ii) The applicant need not set forth whose naturalization by taking the oath is authorized by a private law. an intention to reside permanently within the United States. AUTHORITY: 8 U.S.C. 1103, 1435, 1443, 1448, 1101 note. (b) Application. An applicant for naturalization under this section must sub- § 324.1 Definitions. mit an application on Form N–400, as As used in this part: required by § 316.4 of this chapter. The Oath means the Oath of Allegiance as application must be accompanied by a prescribed in section 337 of the Act. statement describing the applicant’s eligibility as provided in paragraph (a) [56 FR 50490, Oct. 7, 1991] of this section as well as any available § 324.2 Former citizen at birth or by documentation to establish those facts. naturalization. An application under this section shall (a) Eligibility. To be eligible for natu- be filed with the Service office having ralization under section 324(a) of the jurisdiction over the place of residence Act, an applicant must establish that of the applicant. she: [56 FR 50490, Oct. 7, 1991] (1) Was formerly a United States citizen;

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§ 324.3 Women, citizens of the United § 324.4 Women restored to United States at birth, who lost or are be- States citizenship by the act of lieved to have lost citizenship by June 25, 1936, as amended by the marriage and whose marriage has act of July 2, 1940. terminated. A woman who was restored to citi- (a) Eligibility. To be eligible for natu- zenship by the act of June 25, 1936, as ralization under section 324(c) of the amended by the act of July 2, 1940, but Act, an applicant must establish: who failed to take the oath of alle- (1) That she was formerly a United giance prescribed by the naturalization States citizen by birth; laws prior to December 24, 1952, may take the oath before any naturaliza- (2) That she lost or may have lost her tion court or office of the Service with- United States citizenship: in the United States. Such woman (i) Prior to September 22, 1922, by shall comply with the procedural remarriage to an alien; or quirements of § 324.4(b) and (c) except (ii) On or after September 22, 1922, by that a fee not exceeding $1.00 may be marriage to an alien ineligible to citi- charged if the woman requests a copy zenship before March 3, 1931; of the oath. (3) That the marriage specified in [22 FR 9814, Dec. 6, 1957. Redesignated and paragraph (a)(2) of this section termi- amended at 56 FR 50490 and 50491, Oct. 7, 1991] nated subsequent to January 12, 1941; (4) That she did not acquire any § 324.5 Former citizen of the United other nationality by affirmative act States whose naturalization by tak- other than by marriage; and ing the oath is authorized by a pri- (5) That she is not proscribed from vate law. naturalization under section 313 of the A former citizen of the United States Act. whose naturalization by taking the (b) Procedures—(1) Application. An ap- oath before any naturalization court or plicant eligible for naturalization pur- office of the Service within the United suant to paragraph (a) of this section, States is authorized by a private law who desires to regain citizenship pursu- shall submit to the Service an application on Form N–400, without fee. The ant to section 324(c) of the Act, shall application to the court shall be made submit, without fee, an Application for on Form N–400, in triplicate, amended Naturalization, form N–400, to the of- as set forth in this chapter. A copy of fice of the Service having jurisdiction the private law shall be attached to over her place of residence as evidence Form N–408. The provisions of § 324.5(c) of her desire to take the oath. relating to fees and copies of the oath (2) Oath of Allegiance. The district di- will apply to a proceeding under this rector shall review the applicant’s sub- section. mission, and shall inform the applicant of her eligibility under section 324(c) of [23 FR 2673, Apr. 23, 1958. Redesignated and amended at 56 FR 50490 and 50491, Oct. 7, 1991] the Act to take the oath in conformity with part 337 of this chapter. After the applicant has taken the oath, the ap- PART 325—NATIONALS BUT NOT plicant will be furnished with a copy of CITIZENS OF THE UNITED STATES; the oath by the clerk of the Court or RESIDENCE WITHIN OUTLYING the Service, as appropriate, properly POSSESSIONS certified, for which a fee not exceeding $5 may be charged. The oath may also Sec. 325.1 [Reserved] be taken abroad before any diplomatic 325.2 Eligibility. or consular officer of the United 325.3 Residence. States, in accordance with such regula- 325.4 Application; documents. tions as may be prescribed by the Sec- AUTHORITY: 8 U.S.C. 1103, 1436, 1443. retary of State. SOURCE: 56 FR 50491, Oct. 7, 1991, unless [56 FR 50490 and 50491, Oct. 7, 1991] otherwise noted.

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§ 325.1 [Reserved] PART 327—SPECIAL CLASSES OF PERSONS WHO MAY BE NATU- § 325.2 Eligibility. RALIZED: PERSONS WHO LOST An applicant for naturalization under UNITED STATES CITlZENSHIP section 325 of the Act who owes perma- THROUGH SERVICE IN ARMED nent allegiance to the United States, FORCES OF FOREIGN COUNTRY and who is otherwise qualified may be DURlNG WORLD WAR II naturalized if: (a) The applicant becomes a resident Sec. of any State; and 327.1 Eligibility. (b) The applicant complies with all of 327.2 Procedure for naturalization. the applicable requirements in parts AUTHORITY: 8 U.S.C. 1103, 1438, 1443. 316 or 319 of this chapter, as appropriate, except as modified in this part. § 327.1 Eligibility. § 325.3 Residence. To be eligible for naturalization under section 327 of the Act, an appli- (a) For purposes of applying the resi- cant must establish that: dence and physical presence require- (a) The applicant, on or after Sep- ments in parts 316 and 319 of this chap- tember 1, 1939 and on or before Sep- ter, except as they relate to the re- tember 2, 1945: quired three months’ residence in a (1) Served in the military, air or State or Service district, residence and naval forces of any country at war with physical presence in an outlying pos- a country with which the United States session of the United States will count was at war after December 7, 1941 and as residence and physical presence in before September 2, 1945; or the United States. (2) Took an oath of allegiance or obli- (b) An applicant who intends to re- gation for purposes of entering or serv- sume residence in an outlying posses- ing in the military, air, or, naval forces sion after naturalization will be re- of any country at war with a country garded as having established that he or with which the United States was at she intends to reside permanently in war after December 7, 1941 and before the United States. September 2, 1945; (b) The applicant was a United States § 325.4 Application; documents. citizen at the time of the service or (a) An application for naturalization oath specified in paragraph (a) of this section; under this part shall be submitted in (c) The applicant lost United States compliance with § 316.4(a) of this chap- citizenship as a result of the service or ter. oath specified in paragraph (a) of this (b) The applicant shall submit with section; the application: (d) The applicant has been lawfully (1) A birth certificate or other evi- admitted for permanent residence and dence of national status; intends to reside permanently in the (2) Proof of identity; and United States; (3) Evidence of actual residence in (e) The applicant is, and has been for the State or Service district in the a period of at least five years imme- United States where the application is diately preceding taking the oath re- filed for three months immediately quired in § 327.2(c), a person of good preceding the filing of the application, moral character, attached to the prin- or immediately preceding the examina- ciples of the Constitution of the United tion on the application if the applica- States, and favorably disposed toward tion was filed early pursuant to section the good order and happiness of the 334(a) of the Act and the three month United States; and period falls within the required period (f) The applicant has complied with of residence under section 316(a) or all other requirements for naturaliza- 319(a) of the Act. tion as provided in part 316 of this chapter, except for those contained in

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§ 316.2 (a)(3) through (a)(6) of this chap- (2) Service in a National Guard unit ter. during such time as the unit is Feder- ally recognized as a reserve component [56 FR 50492, Oct. 7, 1991] of the Armed Forces of the United § 327.2 Procedure for naturalization. States. (a) Application. An applicant who is § 328.2 Eligibility. eligible for naturalization pursuant to section 327 of the Act and § 327.1 shall To be eligible for naturalization submit an Application for Naturaliza- under section 328(a) of the Act, an ap- tion, Form N–400, in accordance with plicant must establish that the appli- § 316.4 of this chapter, to the Service of- cant: fice having jurisdiction over the appli- (a) Has served honorably in and, if cant’s place of residence. Such applica- separated, has been separated honor- tion must be accompanied by a state- ably from, the Armed Forces of the ment describing the applicant’s eligi- United States; bility under § 327.1 (a), (b), and (c) and (b) Has served under paragraph (a) of any available documentation to estab- this section for a period of three or lish those facts. more years, whether that service is (b) Oath of Allegiance. Upon natu- continuous or discontinuous; ralization of the applicant, the district (c) Is a lawful permanent resident of director shall transmit a copy of the the United States at the time of the ex- oath of allegiance taken by the appli- amination on the application; cant to the Department of State. (d) Has been, during any period within five years preceding the filing of the [56 FR 50492, Oct. 7, 1991] application for naturalization, or the examination on the application if eligi- PART 328—SPECIAL CLASSES OF ble for early filing under section 334(a) PERSONS WHO MAY BE NATU- of the Act, and continues to be, of good RALIZED: PERSONS WITH THREE moral character, attached to the prin- YEARS SERVICE IN ARMED ciples of the Constitution of the United FORCES OF THE UNITED STATES States, and favorably disposed toward the good order and happiness of the Sec. United States. 328.1 Definitions. (1) An applicant is presumed to sat- 328.2 Eligibility. isfy the requirements of this paragraph 328.3 Jurisdiction. during periods of honorable service 328.4 Application. under paragraph (a) of this section. AUTHORITY: 8 U.S.C. 1103, 1439, 1443. (2) An applicant must establish that SOURCE: 56 FR 50492, Oct. 7, 1991, unless he or she satisfies the requirements of otherwise noted. this paragraph from the date of discharge from military until the date of § 328.1 Definitions. admission to citizenship. As used in this part: (3) An applicant whose honorable Honorable service means only that service is discontinuous must also dem- military service which is designated as onstrate that he or she satisfies the re- honorable service by the executive de- quirements of this paragraph for those partment under which the applicant periods of time when that applicant is performed that military service. Any not in honorable service. service that is designated to be other (e) Has complied with all other re- than honorable will not qualify under quirements for naturalization as pro- this section. vided in part 316 of this chapter, except Service in the Armed Forces of the that: United States means: (1) An applicant who files an applica- (1) Active or reserve service in the tion for naturalization while still in United States Army, United States honorable service, or within six months Navy, United States Marines, United after termination of such service, is States Air Force, or United States generally not required to satisfy the Coast Guard; or residence requirements under

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§ 316.2(a)(3) through (a)(6) of this chap- PART 329—SPECIAL CLASSES OF ter; however, if the applicant’s mili- PERSONS WHO MAY BE NATU- tary service is discontinuous, that ap- RALIZED: NATURALIZATION plicant must establish, for periods be- BASED UPON ACTIVE DUTY SERV- tween honorable service during the five ICE IN THE UNITED STATES ARMED years immediately preceding the date of filing the application, or the exam- FORCES DURING SPECIFIED PERI- ination on the application if eligible ODS OF HOSTILITIES for early filing under section 334(a) of Sec. the Act, that he or she resided in the 329.1 Definitions. United States and in the State or Serv- 329.2 Eligibility. ice district in the United States in 329.3 Jurisdiction. which the application is filed. 329.4 Application and evidence. (2) An applicant who files an applica- 329.5 Natives of the Philippines with active duty service during World War II. tion for naturalization more than six months after terminating honorable AUTHORITY: 8 U.S.C. 1103, 1440, 1443; 8 CFR service must satisfy the residence re- part 2. quirements under § 316.2(a)(3) through § 329.1 Definitions. (a)(6) of this chapter. However, any honorable service by the applicant As used in this part: Honorable service and separation within the five years immediately pre- means service and separation from ceding the date of filing of the applica- service which the executive depart- tion shall be considered as residence ment under which the applicant served within the United States for purposes determines to be honorable, including: of § 316.2(a)(3) of this chapter. (1) That such applicant had not been separated from service on account of § 328.3 Jurisdiction. alienage; An application filed within 6 months (2) That such applicant was not a after discharge may be filed with any conscientious objector who performed office of the Service within the United no military, air or naval duty; and States regardless of place of residence (3) That such applicant did not refuse of the applicant. An application filed to wear a military uniform. more than 6 months after discharge Service in an active duty status in the shall be filed with the Service office Armed Forces of the United States means having jurisdiction over the State or active service in the following organi- Service district where the applicant zations: has been residing for at least three (1) United States Army, United months immediately preceding the fil- States Navy, United States Marines, ing of the application, or immediately United States Air Force, United States Coast Guard; or preceding the examination on the ap- (2) A National Guard unit during plication if the application was filed such time as the unit is Federally rec- early pursuant to section 334(a) of the ognized as a reserve component of the Act and the three month period falls Armed Forces of the United States and within the required period of residence that unit is called for active duty. under section 316(a) or 319(a) of the World War I means the period begin- Act. ning on April 6, 1917, and ending on No- vember 11, 1918. § 328.4 Application. [56 FR 50493, Oct. 7, 1991] An applicant for naturalization under this part must submit an Application § 329.2 Eligibility. for Naturalization, Form N–400, as pro- To be eligible for naturalization vided in § 316.4 of this chapter. The ap- under section 329(a) of the Act, an application must be accompanied by plicant must establish that he or she: Form N–426, Certificate of Military or (a) Has served honorably in an active Naval Service; and Form G–325B, Bio- duty status in the Armed Forces of the graphic Form. United States during:

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(1) World War I; or 242 of the Act prior to April 1, 1997) (2) The period beginning on Sep- exists. tember 1, 1939 and ending on December [56 FR 50493, Oct. 7, 1991, as amended at 58 FR 31, 1946; 49913, Sept. 24, 1993; 62 FR 10395, Mar. 6, 1997] (3) The period beginning on June 25, 1950 and ending on July 1, 1955; § 329.3 Jurisdiction. (4) The period beginning on February Except as noted in § 329.5, an applica- 28, 1961 and ending on October 15, 1978; tion under this part may be filed in any or office of the Service within the United (5) Any other period as may be des- States regardless of the place of resi- ignated by the President in an Execu- dence of the applicant. tive Order pursuant to section 329(a) of the Act; [56 FR 50493, Oct. 7, 1991] (b) If separated, has been separated honorably from service in the Armed § 329.4 Application and evidence. Forces of the United States under para- (a) Application. An applicant for natu- graph (a) of this section; ralization under section 329 of the Act (c) Satisfies the permanent residence must submit an Application for Natu- requirement in one of the following ralization, Form N–400, as provided in ways: § 316.4 of this chapter. The application (1) Any time after enlistment or in- must be accompanied by Form N–426, duction into the Armed Forces of the Certificate of Military or Naval Serv- United States, the applicant was law- ice, in triplicate, and Form G–325B, fully admitted to the United States as Biographic Form. a permanent resident; or (b) Evidence. The applicant’s eligi- (2) At the time of enlistment or in- bility for naturalization under duction, the applicant was physically § 329.2(a), (b), or (c)(2) shall be estab- present in the geographical territory of lished only by the certification of the the United States, the Canal Zone, executive department under which the American Samoa, Midway Island (prior applicant served or is serving. to August 21, 1959), or Swain’s Island, [56 FR 50493, Oct. 7, 1991, as amended at 60 FR or in the ports, harbors, bays, enclosed 6651, Feb. 3, 1995] sea areas, or the three-mile territorial sea along the coasts of these land § 329.5 Natives of the Philippines with areas, whether or not the applicant has active duty service during World been lawfully admitted to the United War II. States as a permanent resident; (a) A person desiring to naturalize in (d) Has been, for at least one year accordance with section 405 of the Im- prior to filing the application for natu- migration Act of 1990 shall establish ralization, and continues to be, of good that he/she: moral character, attached to the prin- (1) Was born in the Philippines; ciples of the Constitution of the United (2) Served honorably at any time dur- States, and favorably disposed toward ing the period beginning September 1, the good order and happiness of the 1939, and ending December 31, 1946— United States; and (i) In an active-duty status under the (e) Has complied with all other re- command of the United States Armed quirements for naturalization as pro- Forces in the Far East, or vided in part 316 of this chapter, except (ii) Within the Commonwealth Army that: of the Philippines, the Philippine (1) The applicant may be of any age; Scouts, or recognized guerrilla units; (2) The applicant is not required to and satisfy the residence requirements (3) Resided in the Philippines prior to under § 316.2 (a)(3) through (a)(6) of this the service described in paragraph chapter; and (a)(2) of this section. (3) The applicant may be naturalized (b) An application under this section even if an outstanding notice to appear shall be submitted in compliance with pursuant to 8 CFR part 239 (including a § 329.2. In addition to the forms and charging document issued to com- documentation required in § 329.2 and mence proceedings under sections 236 the appropriate fee as required in § 103.7

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of this chapter, an applicant shall sub- (h) Irrespective of the requirement in mit: § 337.2(a) of this chapter that an admin- (1) Proof of birth in the Philippines; istrative oath ceremony be conducted (2) Police clearance for any place of in the United States and within the ju- residence for more than six months in risdiction in which the application was the previous 5 years if such residence filed or was transferred pursuant to was not in the United States; and § 335.9 of this chapter, the administra- (3) Proof of identity. tive oath ceremony for an applicant (c) If the applicant is residing in the under this section may be held within United States, the application shall be the geographical limits of the Phil- submitted to the district or sub-office ippines, provided the examination on of the Service having jurisdiction over the application was conducted in the the place of residence in accordance Philippines. with §§ 100.4 (b) and (c) of this chapter. (i) If it should be necessary to insti- A person residing outside the United tute revocation proceedings pursuant States shall submit the application to to section 340 of the Act in the case of the Northern Service Center, 100 Cen- a person naturalized outside the United tennial Mall North, room B26, Lincoln, States pursuant to § 329.5 and he or she Nebraska 68508. has never resided in the United States, the report of facts required in § 340.11 of (d)(1) A person residing in the Phil- this chapter shall be made to the dis- ippines shall be examined on his or her trict director having jurisdiction over application at Manila, Philippines, un- the person’s current residence outside less he or she indicates in the applica- the United States. tion a preference to be interviewed in the United States. Those persons wish- [56 FR 11061, Mar. 15, 1991, as amended at 58 ing to be interviewed in the United FR 45420, Aug. 30, 1993; 60 FR 45659, Sept. 1, States shall submit with the applica- 1995] tion a statement listing the desired location and the reasons therefor. The PART 330—SPECIAL CLASSES OF Service may interview the applicant at PERSONS WHO MAY BE NATU- a different site other than the one re- RALIZED: SEAMEN quested if it would, in fact, be in the best interest of the applicant to do so. Sec. (2) A person residing outside the 330.1 Eligibility. United States and outside the Phil- 330.2 Application. ippines may request to be interviewed in the Philippines or in the United AUTHORITY: 8 U.S.C. 1103, 1443. States. If such a person elects to be § 330.1 Eligibility. interviewed in the Philippines, he or she will be solely responsible for ob- To be eligible for naturalization taining the necessary documents for under section 330 of the Act, an appli- entry into the Philippines. cant must establish that he or she: (e) To be considered an application (a) Has been lawfully admitted as a for naturalization under section 405, permanent resident of the United the application must be received by the States; Service no earlier than November 29, (b) Has served honorably or with 1990, and no later than February 3, 1995. good conduct, during such periods of (f) No decision to approve or deny an lawful residence, in a capacity other application for naturalization under than as a member of the Armed Forces section 405 of the Immigration Act of of the United States, on board: 1990 may be made prior to May 1, 1991. (1) A vessel operated by the United (g) The service described in States, or an agency thereof, the full § 329.5(a)(2) shall be provided solely by legal and equitable title to which is in the duly authenticated records of the the United States; or United States Army Reserve Personnel (2) A vessel, whose home port is the Records, St. Louis, Missouri, or the Na- United States, and tional Personnel Records Center, St. (i) Which is registered under the laws Louis, Missouri. of the United States; or

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(ii) The full legal and equitable title plicant’s residence and abode ashore as to which is in a citizen of the United may have been established during the States, or a corporation organized period of qualifying service as a sea- under the laws of any of the several man immediately prior to the filing of States of the United States; the application. (c) Served in the capacity specified in (b) An applicant under this part must paragraph (b) of this section within submit authenticated copies of the five years immediately preceding the records and certificates of either: date on which the applicant filed the (1) The Executive Department or application for naturalization, or on which the alien is examined, if the ap- Agencies having custody of records re- plication was filed early pursuant to flecting the applicant’s service on a section 334(a) of the Act. vessel in United States Government (d) Has been, during the five years Service, if the applicant provided serv- preceding the filing of the application ice under § 330.1(b)(1); or for naturalization, or the examination (2) The masters of those vessels on the application if the application maintaining a home port in the United was filed early under section 334(a) of States, and either registered under the the Act, and continues to be, of good laws of the United States or owned by moral character, attached to the prin- United States citizens or corporations, ciples of the Constitution of the United if the applicant provided service under States, and favorably disposed toward § 330.1(b)(2). the good order and happiness of the United States. [56 FR 50493, Oct. 7, 1991] (1) An applicant is presumed to satisfy the requirements of this paragraph PART 331—ALIEN ENEMIES; NATU- during periods of service in accordance RALIZATION UNDER SPECIFIED with paragraphs (b) and (c) of this section, as reflected by the records and CONDITIONS AND PROCEDURES certificates submitted by the applicant under § 330.2(b). Sec. (2) An applicant must demonstrate 331.1 Definitions. that he or she satisfies the require- 331.2 Eligibility. ments of this paragraph for those re- 331.3 Investigation. quired periods when that applicant did 331.4 Procedures. not perform service in accordance with AUTHORITY: 8 U.S.C. 1103, 1443. paragraphs (b) and (c) of this section; SOURCE: 56 FR 50494, Oct. 7, 1991, unless and otherwise noted. (e) Has complied with all other requirements for naturalization as pro- § 331.1 Definitions. vided in part 316 of this chapter, except that, for purposes of the residence re- As used in this part: quirements under paragraphs § 316.2 Alien enemy means any person who is (a)(3) and (a)(4) of this chapter, service a native, citizen, subject or denizen of satisfying the conditions of this sec- any country, state or sovereignty with tion shall be considered as residence which the United States is at war, for and physical presence within the as long as the United States remains at United States. war, as determined by proclamation of [56 FR 50493, Oct. 7, 1991] the President or resolution of Con- gress. § 330.2 Application. Denizen includes, but is not limited (a) An applicant for naturalization to, any person who has been admitted under section 330 of the Act must sub- to residence and is entitled to certain mit an Application for Naturalization, rights in a country other than the one Form N–400, to the Service office exer- of the person’s nationality. A person cising jurisdiction over the applicant’s holding a status in another country actual residence in the United States. equivalent to that of a lawful perma- For the purpose of this section, the nent resident in the United States term ‘‘actual residence’’ means the ap- would be considered to be a denizen.

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§ 331.2 Eligibility. 332.3 Instruction and training in citizenship responsibilities. An alien enemy may be naturalized 332.4 Cooperation with official National and as a citizen of the United States under State organizations. section 331 of the Act if: 332.5 Official forms for use by clerks of (a) The alien’s application for natu- court. ralization is pending at the beginning AUTHORITY: 8 U.S.C. 1103, 1443, 1447. of the state of war, or the Service has granted the alien an exception from § 332.1 Designation of service employ- the classification as an alien enemy ees to administer oaths and conduct after conducting an investigation in examinations and hearings. accordance with § 331.3; (a) Examinations. All immigration ex- (b) The alien’s loyalty to the United aminers are hereby designated to con- States is fully established upon inves- duct the examination for naturaliza- tigation by the Service in accordance tion required under section 335 of the with § 331.3; and Act. A district director may also des- (c) The alien is otherwise entitled to ignate other officers of the Service, admission to citizenship. who are classified at grade levels equal to or higher than the grade of the im- § 331.3 Investigation. migration examiners, to conduct the The Service shall conduct a full in- examination under section 335 of the vestigation of any alien enemy whose Act, provided that each officer so des- application for naturalization is pend- ignated has received appropriate training upon declaration of war or at any ing. time thereafter. This investigation (b) Hearings. Section 336 of the Act may take place either prior to or after authorizes immigration officers to con- the examination on the application. duct hearings under that section. A This investigation shall encompass, district director may designate the of- but not be limited to, the applicant’s ficers who are designated under para- loyalty to the United States and at- graph (a) of this section to conduct tachment to the country, state, or sov- hearings under section 336 of the Act. ereignty with which the United States (c) Depositions. All immigration offi- is at war. cers and other officers or employees of the Service who are classified at grade § 331.4 Procedures. levels equal to or higher than the grade (a) Upon determining that an appli- of the immigration officers are hereby cant for naturalization is an alien designated to take depositions in mat- enemy, the Service shall notify the ap- ters relating to the administration of plicant in writing of its determination. naturalization and citizenship laws. Upon service of this notice to the appli- (d) Oaths and affirmations. All immi- cant, the provisions of section 336(b) of gration officers and other officers or the Act will no longer apply to such ap- employees of the Service who are clas- plicant, until that applicant is no sified at grade levels equal to or higher longer classifiable as an alien enemy. than the grade of the immigration offi- (b) Upon completion of the investiga- cers are hereby designated to admin- tion described in § 331.3, if the Service ister oaths or affirmations except for concludes that the applicant’s loyalty the oath of allegiance as provided in and attachment to the United States § 337.2 of this chapter. have been fully established, the application may be granted. [56 FR 50494, Oct. 7, 1991] § 332.2 Establishment of photographic PART 332—NATURALIZATION studios. ADMINISTRATION District directors shall after investigation recommend to the appropriate Sec. regional commissioner the establish- 332.1 Designation of service employees to administer oaths and conduct examina- ment and operation of studios pro- tions and hearings. viding photographic services. The stu- 332.2 Establishment of photographic studios shall be operated by sponsoring or- dios. ganizations on a nonprofit basis solely

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for the benefit of persons seeking to § 332.4 Cooperation with official Na- comply with the requirements of the tional and State organizations. immigration and naturalization laws. The Central Office and the field of- Such studios must be in a building oc- fices shall take steps to obtain the aid cupied by the Service and be conducted of and to cooperate with official Na- under the supervision of the district ditional and State organizations in the rector. Each sponsoring organization Service’s program of promoting in- shall submit an annual accounting of struction and training of applicants for the conduct of each studio to the re- naturalization for their citizenship du- gional commissioner through the dis- ties and responsibilities. Similar ac- trict director. tion shall be taken in relation to duly accredited unofficial educational, so- [51 FR 35628, Oct. 7, 1986. Redesignated and cial service, welfare, and other organi- amended at 56 FR 50494, Oct. 7, 1991; 63 FR zations having as one of their objects 12987, Mar. 17, 1998] the preparation of applicants for natu- § 332.3 Instruction and training in citi- ralization for their citizenship duties zenship responsibilities. and responsibilities. (a) Headquarters and the field offices [22 FR 9818, Dec. 6, 1957. Redesignated at 56 of the Service shall cooperate with ap- FR 50495, Oct. 7, 1991] propriate authorities or organizations § 332.5 Official forms for use by clerks in the community to establish and of court. maintain classes within, or under the supervision of, the public schools, for (a) Official forms essential to exercise of the purpose of preparing applicants for jurisdiction. Before exercising jurisdiction in naturalization proceedings, the naturalization to accept the duties and naturalization court shall direct the responsibilities of citizenship. Service clerk of such court upon written appli- officers shall, whenever practical, visit cation to obtain from the Service, in such classes or otherwise provide nec- accordance with section 310(c) of the essary liaison with those authorities or Immigration and Nationality Act, organizations that are providing such proper forms, records, booked, and sup- educational preparation. plies required in naturalization pro- (b) Citizenship textbooks and other ceedings. Such jurisdiction may not be study materials are intended for the exercised until such official forms, free use of applicants for naturaliza- records, and books have been supplied tion who are enrolled in instructional to such court. Only such forms as are courses in or under the supervision of supplied shall be used in naturalization the public schools as provided in para- proceedings. Where sessions of the graph (a) of this section. Such text- court are held at different places, the books and other study materials shall judge of such court may require the be distributed by the regional offices of clerk to obtain a separate supply of of- the Service to the appropriate rep- ficial forms, records and books for each resentatives of the public schools upon such place. their written and signed requests. (b) Official forms prescribed for use of (c) Public school certificates attest- clerks of naturalization courts. Clerks of ing to the attendance and progress of courts shall use only the forms listed in § 499.1 of this chapter in the exercise enrollees shall be given favorable con- of naturalization jurisdiction. sideration by Service officers in deter- (c) Initial application for official forms. mining the applicant’s overall knowl- Whenever the initial application for edge and understanding of the fun- forms, records, books and supplies is damentals of the history, principles, made by a State court of record, it and form of government of the United shall be accompanied by a certificate States, and the applicant’s ability to of the Attorney General of the State, read, write, and speak the English lan- certifying that the said court is a court guage. of record, having a seal, a clerk, and ju- [56 FR 50495, Oct. 7, 1991] risdiction in actions at law or in equity, or at law and in equity, in which

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the amount in controversy is unlim- graphs in the English language, unless ited. the applicant is exempt from the (d) Subsequent application for use of of- English language requirement of part ficial forms. Included with the initial 312 of this chapter and is unable to sign supply of official forms, records, and in English, in which case the photo- books furnished to the various courts graphs may be signed in any language. by the Service shall be Form N–3 enti- (c)(1) If a child is unable to sign his tled ‘‘Requisition for Forms and Bind- or her name, the photographs must be ers,’’ and thereafter such forms shall be signed by a parent or guardian, the sig- used by clerks of courts in making req- nature reading ‘‘(name of child) by uisition for forms, records, books, and (name of parent or guardian).’’ supplies for use in naturalization pro- (2) If an adult is physically unable to ceedings in their respective courts. sign or make a mark, a guardian or the [22 FR 9817, Dec. 6, 1957. Redesignated and Service employee conducting the inter- amended at 56 FR 50495, Oct. 7, 1991] view will sign the photographs as provided in paragraph (c)(1) of this sec- PART 333—PHOTOGRAPHS tion. (d) The photographs must be signed Sec. when submitted with an application if 333.1 Description of required photographs. the instructions accompanying the ap- 333.2 Attachment of photographs to docu- plication so require. If signature is not ments. required by the instructions, the pho- AUTHORITY: 8 U.S.C. 1103, 1443. tographs are to be submitted without being signed and shall be signed at § 333.1 Description of required photo- such later time during the processing graphs. of the application as may be appro- (a) Every applicant required to fur- priate. nish photographs of himself or herself [56 FR 50495, Oct. 7, 1991] under section 333 of the Act and this chapter shall submit three identical § 333.2 Attachment of photographs to color photographs that shall have a documents. glossy finish and shall be no smaller A signed photograph of the applicant than 40 mm in length by 35 mm in must be securely and permanently at- width, and no larger than 80 mm in tached to each certificate of natu- length by 60 mm in width; shall be unmounted and printed on a thin ralization or citizenship, to each origi- paper; shall have a white background; nal and duplicate declaration of inten- shall clearly show a three-quarter pro- tion issued by the Service, and to each file view of the features of the appli- replacement copy of a declaration of cant with head bare (unless the appli- intention, certificate of naturalization, cant is wearing a headdress as required or certificate of citizenship issued by by a religious order of which he or she the Service. If a seal is affixed to the is a member), with the distance from document, the imprint of a part of the the top of the head to point of chin ap- seal must extend over the lower por- proximately 30 mm; and shall have tion of the photograph in such a man- been taken within 30 days of the date ner as not to obscure the features of they are furnished. The image must be the applicant. at least 26 mm in width. Photographs [56 FR 50495, Oct. 7, 1991] must be in natural color. (b) The applicant, except in the case PART 334—APPLICATION FOR of a child or other person physically in- capable of signing his or her name, NATURALIZATION shall sign each copy of the photograph on the front of the photograph with his Sec. 334.1 Filing of application for naturaliza- or her full true name, in such manner tion. as not to obscure the features. An ap- 334.2 Application for naturalization. plicant unable to write may make the 334.3 [Reserved] signature by a mark. An applicant for 334.4 Investigation and report if applicant is naturalization must sign the photo- sick or disabled.

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334.5 Amendment of application for natu- because of sickness or other disability, ralization; reopening proceedings. to appear for the initial examination 334.6–334.10 [Reserved] on the application or for any subse- 334.11 Declaration of intention. 334.12–334.15 [Reserved] quent interview, the district director 334.16 Amendment of petition for natu- shall cause an investigation to be con- ralization. ducted to determine the circumstances 334.17 Transfer of petition for naturaliza- surrounding the sickness or disability. tion. The district director shall determine, 334.18 Withdrawal of petition and failure to based on available medical evidence, prosecute. whether the sickness or disability is of AUTHORITY: 8 U.S.C. 1103, 1443; 8 CFR part a nature which so incapacitates the ap- 2. plicant as to prevent the applicant’s § 334.1 Filing of application for natu- appearance at a Service office having ralization. jurisdiction over the applicant’s place of residence. If so, the district director Any person who is an applicant under shall designate another place where the sections 316, 319, 324, 325, 327, 328, 329, or applicant may appear for the requisite 330 of the Act and the corresponding naturalization proceedings. parts of this chapter, may apply for naturalization in accordance with the [58 FR 49913, Sept. 24, 1993] procedures prescribed in this chapter at the Service office indicated in the § 334.5 Amendment of application for appropriate part of this chapter. naturalization; reopening proceedings. [56 FR 50496, Oct. 7, 1991, as amended at 66 FR 32147, June 13, 2001] (a) Clerical amendments—(1) By applicant. An applicant may request that § 334.2 Application for naturalization. the application for naturalization be (a) An applicant may file an applica- amended either prior to or subsequent tion for naturalization by filing a com- to the administration of the oath of al- pleted Form N–400 signed in the appli- legiance. cant’s own handwriting, if physically (2) By Service. The Service may able to do so, and by including any amend, at any time, an application for other documents required by parts 316, naturalization when in receipt of infor- 319, 324, 325, 327, 328, 329, and 330 of this mation that clearly indicates that a chapter, as appropriate. An application clerical error has occurred. prepared for a person physically unable (3) Amendment procedure. Any amend- to write shall be signed by the pre- ment will be limited to the correction parer, in the space marked ‘‘Preparer’s of clerical errors arising from over- signature.’’ The applicant shall include sight or omission. If the amendment is the fee as required in § 103.7 of chapter approved, the amended application B of this title, and a photocopy of the shall be filed with the original applica- applicant’s Alien Registration Card tion for naturalization. (Form I–551). (b) Substantive amendments. Any sub- (b) An application for naturalization stantive amendments which affect the may be filed up to 90 days prior to the jurisdiction or the decision on the mer- completion of the required period of its of the application will not be au- residence, which may include the thorized. When the Service is in receipt three-month period of residence re- of any information that would indicate quired to establish jurisdiction under that an application for naturalization section 316(a) or 319(a) of the Act. should not have been granted on the [56 FR 50496, Oct. 7, 1991, as amended at 59 FR merits, the Service may institute pro- 48780, Sept. 20, 1993; 66 FR 32147, June 13, 2001] ceedings to reopen the application before admission to citizenship, or to re- § 334.3 [Reserved] voke the naturalization of a person § 334.4 Investigation and report if ap- who has been admitted to citizenship, plicant is sick or disabled. in accordance with section 340 of the Act and § 335.5 of this chapter. Whenever it appears that an applicant for naturalization may be unable, [56 FR 50496, Oct. 7, 1991]

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§§ 334.6–334.10 [Reserved] has been taken by the court, a copy of the application shall be served upon § 334.11 Declaration of intention. the district director having adminis- (a) Application. Any person who is a trative jurisdiction over the territory lawful permanent resident over 18 in which the court is located, in the years of age may file an application for manner and within the time provided a declaration of intention to become a by the rules of court in which applica- citizen of the United States while tion is made. No objection shall be present in the United States. Such ap- made to the amendment of a petition plication, with the requisite fee, shall for naturalization after the petitioner be filed on Form N–300 with the Service for naturalization has been admitted to office having jurisdiction over the ap- citizenship if the motion or application plicant’s place of residence in the is to correct a clerical error arising United States. from oversight or omission. A rep- (b) Approval. If approved, the applica- resentative of the Service may appear tion for the declaration of intention, at the hearing upon such application page 1 of Form N–300, shall be retained and be heard in favor of or in opposi- and filed in the applicant’s Service file. tion thereto. When the court orders the The original of the declaration of in- petition amended, the clerk of court tention, page 2 of Form N–300, shall be shall transmit a copy of the order to filed in chronological order in the offi- the district director for inclusion in cial files of the Service office where the the Service file. application was filed. The duplicate of [22 FR 9819, Dec. 6, 1957, as amended at 32 FR the declaration of intention, page 3 of 9635, July 4, 1967; 45 FR 10313, Feb. 15, 1980; 56 Form N–300, shall be delivered to the FR 50496, Oct. 7, 1991] applicant. (c) Denial. If an application is denied, § 334.17 Transfer of petition for natu- the applicant shall be notified in writ- ralization. ing of the reasons for denial. No appeal (a) Application for transfer. An appli- shall lie from this decision. cation to transfer a petition for natu- [58 FR 49913, Sept. 24, 1993] ralization, filed prior to October 1, 1991, shall be made on Form N–455, in quad- §§ 334.12–334.15 [Reserved] ruplicate, to the district diector exercising administrative jurisdiction over § 334.16 Amendment of petition for the place where the court in which the naturalization. petition is filed is located. (a) During pendency of petition. An ap- (b) Action by district director. If the plication to amend a petition for natu- district director consents to the trans- ralization, filed prior to October 1, 1991, fer, he shall so indicate on each copy of while such petition is pending, shall be Form N–455, which shall be filed with made by the petitioner on Form N–410, the clerk of court in which the petition with copies thereof equal to the num- is pending. If the district director does ber of copies of the petition for natu- not consent to the transfer he shall so ralization, and presented to the court indicate on each copy of Form N–455 at the hearing on the petition for natu- which shall be filed with the clerk of ralization. The application shall be ac- court, with a memorandum of the dis- companied by the fee specified in trict director setting forth the reasons § 103.7(b)(1) of this chapter, unless it for the denial. The applicant shall be was initiated by, and for the conven- notified by the district director of the ience of, the government. When the filing of Form N–455 with the clerk of court orders the petition amended, the court, and whether consent has been original order shall be filed with the given by the district director. original petition and the copies at- (c) Action by court in which petition is tached to the respective copies of the filed. The court in which the petition is petition. filed shall enter an order on the origi- (b) After final action on petition. When- nal copy of Form N–455, approving or ever an application is made to the disapproving the application. If the ap- court to amend a petition for natu- plication is approved, the original copy ralization after final action thereon of Form N–455 shall be filed with the

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naturalization record in the office of petition or the issuance of a certificate the clerk of court, the duplicate and of naturalization. triplicate copies, duly attested and cer- [22 FR 9820, Dec. 6, 1957; 22 FR 9520, Nov. 28, tified, transmitted to the court to 1957, as amended at 23 FR 5820, Aug. 1, 1958; which the petition is to be transferred, 56 FR 50496, Oct. 7, 1991] and the quadruplicate copy, also attested and certified, transmitted to the § 334.18 Withdrawal of petition and district director. If the application is failure to prosecute. disapproved, the original Form N–455 (a) A petitioner who desires to with- shall be filed with the naturalization draw his petition for naturalization, record in the office of the clerk of filed prior to October 1, 1991, shall court and the remaining copies trans- make request for withdrawal on Form mitted to the district director, who N–404, in duplicate. The original shall shall notify the applicant of the dis- be filed with the clerk of court and the approval. duplicate with the office of the Service (d) Action by court to which petition is exercising administrative jurisdiction transferred. The court to which the pe- over the district in which the court is tition is to be transferred shall enter located. At the final hearing upon the an order on the duplicate copy of Form petition, the officer in attendance shall N–455, approving or disapproving the inform the court whether the district transfer. The duplicate copy shall be director consents to the withdrawal of filed with the clerk of the court to the petition. In cases in which the dis- which the petition is to be transferred, trict director does not consent to the withdrawal, the court shall determine and the triplicate copy, duly attested the petition on its merits. and certified, transmitted to the clerk (b) At the final hearing upon a peti- of the court in which the petition is tion for naturalization which the peti- filed. If the application is disapproved, tioner has failed to prosecute, the offi- the clerk of court receiving the trip- cer in attendance shall inform the licate copy shall notify the district di- court whether the district director con- rector, who shall notify the applicant sents to dismissal of the petition for of the disapproval. lack of prosecution. In cases in which (e) Transfer of petition and record. If the district director does not move the court to which the petition is to be that the petition be dismissed for lack transferred approves the transfer, the of prosecution, the court shall deter- clerk of court in which the petition is mine the petition on its merits. filed shall file the triplicate copy of Form N–455 with the naturalization [22 FR 9819, Dec. 6, 1957, as amended at 56 FR 50496, Oct. 7, 1991] record and forward a certified copy of the petition, and the originals of all documents filed relating thereto, to PART 335—EXAMINATION ON AP- the court to which the petition is being PLICATION FOR NATURALIZATION transferred, and notify the district director having administrative jurisdic- Sec. tion over the place in which the peti- 335.1 Investigation of applicant. tion is filed, of the action taken. Upon 335.2 Examination of applicant. 335.3 Determination on application; con- receipt of the certified copy and record, tinuance of examination. the clerk of court to which the petition 335.4 Use of record of examination. is transferred shall index it, number it 335.5 Receipt of derogatory information consecutively in the order in which it after grant. is received, prefixed by the letters TR, 335.6 Failure to appear for examination. and in a series separate from petitions 335.7 Failure to prosecute application after originally filed in the court. The peti- initial examination. tion shall be made a part of the record 335.8 [Reserved] 335.9 Transfer of application. of the naturalization court. No fee 335.10 Withdrawal of application. shall be charged by the clerk of the 335.11 Preliminary examinations on peti- court to which the petition is trans- tions for naturalization filed prior to Oc- ferred for the filing of the transferred tober 1, 1991.

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335.12 Recommendations on petitions for (2) Confirmation from the Federal naturalization of the designated exam- Bureau of Investigation that an appli- iner and regional administrator; notice. cant has an administrative or a crimi- 335.13 Notice of recommendation on peti- nal record; or tions for naturalization of designated ex- (3) Confirmation from the Federal aminer. Bureau of Investigation that two prop- AUTHORITY: 8 U.S.C. 1103, 1443, 1447. erly prepared fingerprint cards (Form FD–258) have been determined § 335.1 Investigation of applicant. unclassifiable for the purpose of con- Subsequent to the filing of an appli- ducting a criminal background check cation for naturalization, the Service and have been rejected. shall conduct an investigation of the (c) Procedure. Prior to the beginning applicant. The investigation shall con- of the examination, the Service officer sist, at a minimum, of a review of all shall make known to the applicant the pertinent records, police department official capacity in which the officer is checks, and a neighborhood investiga- conducting the examination. The appli- tion in the vicinities where the applicant shall be questioned, under oath or cant has resided and has been em- affirmation, in a setting apart from the ployed, or engaged in business, for at public. Whenever necessary, the exam- least the five years immediately pre- ining officer shall correct written an- ceding the filing of the application. swers in the application for naturaliza- The district director may waive the tion to conform to the oral statements neighborhood investigation of the ap- made under oath or affirmation. The plicant provided for in this paragraph. Service officer shall maintain, for the record, brief notations of the examina- [56 FR 50497, Oct. 7, 1991] tion for naturalization. At a minimum, the notations shall include a record of § 335.2 Examination of applicant. the test administered to the applicant (a) General. Subsequent to the filing on English literacy and basic knowl- of an application for naturalization, edge of the history and government of each applicant shall appear in person the United States. The Service officer before a Service officer designated to may have a stenographic, mechanical, conduct examinations pursuant to electronic, or videotaped transcript § 332.1 of this chapter. The examination made, or may prepare an affidavit cov- shall be uniform throughout the United ering the testimony of the applicant. States and shall encompass all factors The questions to the applicant shall be relating to the applicant’s eligibility repeated in different form and elabo- for naturalization. The applicant may rated, if necessary, until the officer request the presence of an attorney or conducting the examination is satisfied representative who has filed an appear- that the applicant either fully under- ance in accordance with part 292 of this stands the questions or is unable to un- chapter. derstand English. The applicant and (b) Completion of criminal background the Service shall have the right to checks before examination. The Service present such oral or documentary evi- will notify applicants for naturaliza- dence and to conduct such cross-exam- tion to appear before a Service officer ination as may be required for a full for initial examination on the natu- and true disclosure of the facts. ralization application only after the (d) Witnesses. Witnesses, if called, Service has received a definitive re- shall be questioned under oath or affir- sponse from the Federal Bureau of In- mation to discover their own credi- vestigation that a full criminal back- bility and competency, as well as the ground check of an applicant has been extent of their personal knowledge of completed. A definitive response that a the applicant and his or her qualifica- full criminal background check on an tions to become a naturalized citizen. applicant has been completed includes: (1) Issuance of subpoenas. Subpoenas (1) Confirmation from the Federal requiring the attendance of witnesses Bureau of Investigation that an appli- or the production of documentary evi- cant does not have an administrative dence, or both, may be issued by the or a criminal record; examining officer upon his or her own

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volition, or upon written request of the secutively numbered and listed in the applicant or his or her attorney or rep- space provided on the applicant’s affi- resentative. Such written request shall davit contained in the application specify, as nearly as possible, the rel- form. The affidavit must then be sub- evance, materiality, and scope of the scribed and sworn to, or affirmed, by testimony or documentary evidence the applicant and signed by the Service sought and must show affirmatively officer. The affidavit shall be executed that the testimony or documentary under the following oath (or affirma- evidence cannot otherwise be produced. tion): ‘‘I swear (affirm) and certify The examining officer shall document under penalty of perjury under the in the record his or her refusal to issue laws of the United States of America a subpoena at the request of the appli- that I know that the contents of this cant. application for naturalization sub- (2) Service of subpoenas. Subpoenas scribed by me, and the evidence sub- shall be issued on Form I–138, and a mitted with it, are true and correct to record shall be made of service. The the best of my knowledge and belief.’’ subpoena may be served by any person Evidence received by the officer shall over 18 years of age, not a party to the be placed into the record for deter- case, designated to make such service mination of the case. All documentary by the district director. or written evidence shall be properly (3) Witness fees. Mileage and fees for identified and introduced into the witnesses subpoenaed under this sec- record as exhibits by number, unless tion shall be paid by the party at read into the record. A deposition or whose instance the subpoena is issued, statement taken by a Service officer at rates allowed and under conditions during the initial examination or any prescribed by the Service. Before subsequent examination shall be in- issuing a subpoena, the officer may re- cluded as part of the record on the ap- quire the deposit of an amount ade- plication. quate to cover the fees and mileage in- (f) Use of interpreter. If the use of an volved. interpreter is authorized pursuant to (4) Failure to appear. If the witness § 312.4 of this chapter, the examining subpoenaed neglects or refuses to tes- officer shall note on the application tify or to produce documentary evi- the use and identity of any interpreter. dence as directed by the subpoena, the If the Service officer is proficient in district director shall request that the the applicant’s native language, the United States Attorney for the proper Service officer may conduct the exam- district report such neglect or refusal ination in that language with the con- to any District Court of the United sent of the applicant. States, and file a motion in such court for an order directing the witness to [56 FR 50497, Oct. 7, 1991, as amended at 58 FR appear and to testify and produce the 49913, Sept. 24, 1993; 63 FR 12987, 12988, Mar. documentary evidence described in the 17, 1998] subpoena. (5) Extraterritorial testimony. The tes- § 335.3 Determination on application; timony of a witness may be taken out- continuance of examination. side the United States. The witness’s (a) The Service officer shall grant the name and address shall be sent to the application if the applicant has com- Service office abroad which has juris- plied with all requirements for natu- diction over the witness’s residence. ralization under this chapter. A deci- The officer taking the statement shall sion to grant or deny the application be given express instructions regarding shall be made at the time of the initial any aspect of the case which may re- examination or within 120-days after quire special development or emphasis the date of the initial examination of during the interrogation of the wit- the applicant for naturalization under ness. § 335.2. The applicant shall be notified (e) Record of examination. At the con- that the application has been granted clusion of the examination, all correc- or denied and, if the application has tions made on the application form and been granted, of the procedures to be all supplemental material shall be con- followed for the administration of the

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oath of allegiance pursuant to part 337 ministration of the oath of allegiance, of this chapter. until such time as the matter can be (b) Rather than make a determina- resolved. The Service shall notify the tion on the application, the Service of- applicant in writing of the receipt of ficer may continue the initial examina- the specific derogatory information, tion on an application for one reexam- with a motion to reopen the previously ination, to afford the applicant an op- adjudicated application, giving the ap- portunity to overcome deficiencies on plicant 15 days to respond. If the appli- the application that may arise during cant overcomes the derogatory infor- the examination. The officer must in- mation, the application will be granted form the applicant in writing of the and the applicant will be scheduled for grounds to be overcome or the evidence administration of the oath of alle- to be submitted. The applicant shall giance. Otherwise the motion to reopen not be required to appear for a reexam- will be granted and the application will ination earlier than 60 days after the first examination. However, the reex- be denied pursuant to § 336.1 of this amination on the continued case shall chapter. be scheduled within the 120–day period [56 FR 50498, Oct. 7, 1991, as amended at 58 FR after the initial examination, except as 49914, Sept. 24, 1993] otherwise provided under § 312.5(b) of this chapter. If the applicant is unable § 335.6 Failure to appear for examina- to overcome the deficiencies in the ap- tion. plication, the application shall be de- (a) An applicant for naturalization nied pursuant to § 336.1 of this chapter. shall be deemed to have abandoned his [56 FR 50497, Oct. 7, 1991, as amended at 58 FR or her application if he or she fails to 49914, Sept. 24, 1993] appear for the examination pursuant to § 335.3 and fails to notify the Service of § 335.4 Use of record of examination. the reason for non-appearance within In the event that an application is 30 days of the scheduled examination. denied, the record of the examination Such notification shall be in writing on the application for naturalization, and contain a request for rescheduling including the executed and corrected of the examination. In the absence of a application form and supplements, affi- timely notification, the Service may davits, transcripts of testimony, docu- administratively close the application ments, and other evidence, shall be without making a decision on the mer- submitted to the Service officer des- its. ignated in § 332.1 of this chapter to con- (b) An applicant may reopen an ad- duct hearings on denials of applica- ministratively closed application by tions for naturalization in accordance with part 336 of this chapter. The submitting a written request to the record of the examination shall be used Service within one (1) year from the for examining the petitioner and wit- date the application was closed. Such nesses, if required to properly dispose reopening shall be without additional of issues raised in the matter. fee. The date of the request for reopening shall be the date of filing of the ap- [56 FR 50498, Oct. 7, 1991] plication for purposes of determining § 335.5 Receipt of derogatory informa- eligibility for naturalization. tion after grant. (c) If the applicant does not request reopening of an administratively In the event that the Service receives derogatory information concerning an closed application within one year applicant whose application has al- from the date the application was ready been granted as provided in closed, the Service will consider that § 335.3(a) of this chapter, but who has application to have been abandoned, not yet taken the oath of allegiance as and shall dismiss the application with- provided in part 337 of this chapter, the out further notice to the applicant. Service shall remove the applicant’s [58 FR 49914, Sept. 24, 1993, as amended at 60 name from any list of granted applica- FR 6651, Feb. 3, 1995] tions or of applicants scheduled for ad-

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§ 335.7 Failure to prosecute applica- by the Service office retaining jurisdiction after initial examination. tion. If upon such adjudication the ap- An applicant for naturalization who plication is denied, the written deci- has appeared for the examination on sion pursuant to § 336.1 of this chapter his or her application as provided in shall also address the reason(s) for the § 335.2 shall be considered as failing to Service’s decision not to consent to the prosecute such application if he or she, transfer request. without good cause being shown, either [56 FR 50498, Oct. 7, 1991, as amended at 58 FR failed to excuse an absence from a sub- 49914, Sept. 24, 1993] sequently required appearance, or fails to provide within a reasonable period § 335.10 Withdrawal of application. of time such documents, information, or testimony deemed by the Service to An applicant may request, in writing, be necessary to establish his or her eli- that his or her application, filed with gibility for naturalization. The Service the Service, be withdrawn. If the dis- shall deliver notice of all such requests trict director consents to the with- for appearance or supporting evidence, drawal, the application will be denied in writing, to the applicant either in without further notice to the applicant person or to the applicant’s last known and without prejudice to any future ap- address. In the event that the applicant plication. The withdrawal by the appli- fails to respond within 30 days of the cant will constitute a waiver of any re- date of notification, the Service shall view pursuant to part 336 of this chap- adjudicate the application on the mer- ter. If the district director does not its pursuant to § 336.1 of this chapter. consent to the withdrawal, the application for naturalization shall be adju- [58 FR 49914, Sept. 24, 1993, as amended at 60 FR 6651, Feb. 3, 1995] dicated on its merits. [56 FR 50498, Oct. 7, 1991] § 335.8 [Reserved] § 335.11 Preliminary examinations on § 335.9 Transfer of application. petitions for naturalization filed (a) Request for transfer of application. prior to October 1, 1991. An applicant who, after filing an appli- (a) When held. Continued preliminary cation for naturalization, changes resi- examinations shall be held on petitions dence, or plans to change residence for naturalization filed prior to Octo- within three months, may request, in ber 1, 1991 when it is determined that writing, that a pending application be transferred from the current Service further testimony is needed for the des- office to the Service office having ju- ignated examiner to prepare a rec- risdiction over the applicant’s new ommendation to the court consistent place of residence. The request shall be with § 335.12. The examinations shall be submitted to the office where the ap- open to the public. plication was originally filed. The re- (b) Conduct of examination. Prelimi- quest shall include the applicant’s nary examinations shall be held before name, alien registration number, date an employee of the Service designated of birth, complete current address in- by the district director to conduct such cluding name of the county, complete proceedings and to make findings and address at the time of filing the appli- recommendations thereon to the natu- cation, reason for the request to trans- ralization court, who shall be known as fer the application, and the date the the ‘‘designated examiner.’’ The peti- applicant moved or intends to move to tioner and his or her witnesses and the the new jurisdiction. witnesses produced on behalf of the (b) Discretion to authorize transfer. The Government shall be present. The des- district director may authorize the ignated examiner shall, prior to the transfer of an application for natu- commencement of the examination, ralization after such application has make known to the petitioner his or been filed. In the event that the dis- her official capacity and that of any trict director does not consent to the other officer of the Service who may transfer of the application, the applica- participate in the proceeding. The des- tion shall be adjudicated on its merits ignated examiner shall have before him

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or her the entire record of the prelimi- the designated examiner, such attend- nary interrogation, including the peti- ance is desirable, and in every case to tioner’s application to file a petition which an examining officer is assigned. for naturalization (Form N–400) and The stenographer shall record verbatim any other evidence or data that may be the entire proceedings, including the relevant or material to the inquiry. All oaths administered and rulings on ob- testimony taken at the examination jections, but shall not record argu- shall be under oath or affirmation ad- ments in support of objections, or ministered by the designated examiner. statements made off the record with The designated examiner may interro- the consent of the petitioner. The ste- gate the petitioner and witnesses pro- nographer shall certify that the tran- duced in behalf of the petitioner or the scribed minutes constitute a complete Government, and present evidence and accurate record of the examina- touching upon the petitioner’s admissi- bility to citizenship. He shall regulate tion. Whenever, in the opinion of the the course of the examination, rule designated examiner the use of me- upon applications for the issuance of chanical recording equipment in lieu of subpoenas and issue such subpoenas in a stenographer is deemed desirable, the proper cases, grant or deny continu- proceedings may be recorded by such ances, and rule on all objections to the equipment. introduction of evidence, which rulings (e) Issuance of subpoenas; attendance shall be entered on the record. Evi- and mileage fees. Subpenas requiring dence held by the designated examiner the attendance of witnesses or the pro- to be inadmissible shall nevertheless be duction of documentary evidence, or received into the record subject to the both, may be issued by the designated ruling of the court. The petitioner and examiner, upon his or her own volition the Government shall have the right to or upon written application of the peti- present such oral or documentary evi- tioner or his or her attorney or rep- dence and to conduct such cross-exam- resentative, the examining officer, or ination as may be required for a full the Service. Such written application and true disclosure of the facts. If the shall specify, as nearly as may be, the petitioner is not represented by an at- relevance, materiality, and scope of torney or representative, the des- the testimony or documentary evi- ignated examiner shall assist the peti- dence sought and show affirmatively tioner in the introduction of all evi- that the testimony or documentary dence available in his or her behalf. All evidence cannot otherwise be produced. documentary or written evidence shall be properly identified and introduced Subpenas shall be issued on Form I–138 into the record as exhibits by number, and due record shall be made of their unless read into the record. service. The subpoena may be served by (c) Assignment of examining officer at any person over 18 years of age, not a preliminary examination. The district di- party to the case, designated to make rector may in his or her discretion as- such service by the district director. sign an employee of the Service to act Mileage and fees for witnesses subpoe- as examining officer at the preliminary naed under this section shall be paid by examination. Such employee shall ex- the party at whose instance the sub- amine and cross-examine witnesses poena is issued at rates allowed and produced in behalf of the Government under conditions prescribed by the nat- or the petitioner and present evidence uralization court in which the petition pertinent to the petitioner’s admissi- is pending. Before issuing a subpoena bility to citizenship. The designated the designated examiner may require a examiner may take such part in the in- deposit of an amount adequate to cover terrogation of the petitioner and wit- the fees and mileage involved. If the nesses and the introduction of evidence witness subpoenaed neglects or refuses as he or she may deem necessary. to testify or produce documentary evi- (d) Stenographic reporting of pro- dence as directed by the subpoena, the ceedings; mechanical recording equip- district director shall request the ment. A stenographer shall be in at- United States Attorney for the proper tendance whenever, in the opinion of

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district to report such neglect or re- § 335.12 Recommendations on peti- fusal to any court exercising natu- tions for naturalization of the des- ralization jurisdiction and to file a mo- ignated examiner and regional ad- tion in such court for an order direct- ministrator; notice. ing the witness to appear and testify As soon as practicable after conclu- and to produce the documentary evi- sion of the preliminary examination on dence described in the subpoena. a petition for naturalization filed prior (f) Briefs. At the conclusion of the to October 1, 1991, the designated exam- preliminary examination the peti- iner shall prepare an appropriate rec- tioner or his or her attorney or rep- ommendation to the court. If the rec- resentative, and the examining officer ommendation is for denial, or for if one was assigned, may submit briefs granting with the facts to be presented in support of arguments made or issues to the court, the designated examiner raised at the examination. shall prepare a memorandum summarizing the evidence, and setting forth (g) Representation by attorney or rep- findings of fact and conclusions of law, resentative; absence of representative; ad- and his or her recommendation. No evi- vice to petitioner. The petitioner may be dence dehors the record or evidence not represented by an attorney or rep- admissible in judicial proceedings resentative who has filed an appear- under recognized rules of evidence ance in accordance with part 292 of this shall be considered in the preparation chapter. If at any stage of the prelimi- of the memorandum. The memorandum nary examination it appears to the des- shall be submitted before final hearing ignated examiner that he or she may to the regional operations liaison offi- recommend denial of the petition, or cer, in those cases or classes of cases granting thereof with the facts to be designated by him or her, for review presented to the court, he or she shall and recommendation. If the regional advise the petitioner of his or her right operations liaison officer does not to be represented by an attorney or agree with the recommendation of the representative. A continuance of the designated examiner, he or she shall examination shall be granted upon the prepare an appropriate memorandum, petitioner’s motion for the purpose of with findings of fact, conclusions of obtaining an attorney or representa- law, and the recommendation of the tive. The petitioner’s attorney or a rep- Service, subject to review and approval resentative shall be permitted to be by the Commissioner in those cases or present at all times during the prelimi- classes of cases designated by him or her, for presentation to the court with nary examination or at any subsequent the designated examiner’s memo- examinations and the petitioner shall randum. In the preparation of memo- not in any such examination or subse- randa, designated examiners and re- quent examinations be interrogated in gional operations liaison officers shall the absence of his or her attorney or be bound by the interpretations and representative, unless the petitioner rulings by the Attorney General or the waives such appearance. The attorney Commissioner on Questions of law. or a representative shall be permitted to offer evidence to meet any evidence [38 FR 29878, Oct. 30, 1973, as amended at 56 presented or adduced by the Govern- FR 50498, Oct. 7, 1991] ment or the designated examiner. A pe- § 335.13 Notice of recommendation on titioner who is not represented by an petitions for naturalization of des- attorney or a representative shall be ignated examiner. entitled to all the benefits and the (a) Recommendation that petition be de- privileges provided for in this section. nied. When the designated examiner [22 FR 9821, Dec. 6, 1957, as amended at 23 FR proposes to recommend denial of the 2673, Apr. 23, 1958; 45 FR 83195, Dec. 18, 1980; petition filed prior to October 1, 1991, 46 FR 5861, Jan. 21, 1981; 47 FR 10778, Mar. 12, the petitioner or his or her attorney or 1982; 56 FR 50498, Oct. 7, 1991] representative shall be notified thereof

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and furnished a copy of the designated AUTHORITY: 8 U.S.C. 1103, 1443, 1447, 1448. examiner’s memorandum. The notice SOURCE: 56 FR 50499, Oct. 7, 1991, unless shall be given in conjunction with noti- otherwise noted. fication of the date, place, and time of holding the final hearing. The notice § 336.1 Denial after section 335 exam- shall be sent by certified mail, with re- ination. turn receipt requested, after any re- (a) After completing all examination view made by the regional adminis- procedures contained in part 335 of this trator. chapter and determining to deny an ap- (b) Recommendation that petition be plication for naturalization, the Serv- granted. When the designated examiner ice shall serve a written notice of de- proposes to recommend granting of the nial upon an applicant for naturaliza- petition filed prior to October 1, 1991 tion no later than 120 days after the and to present the facts and issues to date of the applicant’s first examina- the court, the petitioner or his or her tion on the application. attorney or representative shall be no- (b) A notice of denial shall be pre- tified of the recommendation and fur- pared in a written, narrative format, nished a copy of the designated exam- and shall recite, in clear concise lan- iner’s memorandum prior to the date of guage, the pertinent facts upon which the hearing, and after any review made the determination was based, the spe- by the regional administrator. cific legal section or sections applica- (c) Disagreement between recommenda- ble to the finding of ineligibility, and tions of designated examiner and the re- the conclusions of law reached by the gional administrator. In those cases re- examining officer in rendering the de- viewed by the regional administrator cision. Such notice of denial shall also in which his or her views and rec- contain a specific statement of the ap- ommendations do not agree with those plicant’s right either to accept the de- of the designated examiner, the notice termination of the examining officer, required by paragraphs (a) and (b) of or request a hearing before an immi- this section shall also advise the peti- gration officer. tioner of the recommendation of the (c) Service of the notice of denial regional administrator and that both may be made in person or by certified recommendations will be presented to mail to the applicant’s last known ad- the court. There shall also be enclosed dress, or upon the attorney or rep- with such notice a copy of the regional resentative of record as provided in administrator’s memorandum. part 292 of this chapter. (d) Briefs. If the petitioner intends to file a brief or memorandum at the final § 336.2 Hearing before an immigration hearing, he or she shall furnish a copy officer. thereof to the Service office from (a) The applicant, or his or her au- which the notice on Form N–425 ema- thorized representative, may request a nated at least 5 days prior to the date hearing on the denial of the applicant’s of the final hearing. Failure to do so application for naturalization by filing will result in a motion for a continu- a request with the Service within thir- ance if deemed essential for the proper ty days after the applicant receives the presentation of the Government’s case. notice of denial under § 336.1. [22 FR 9822, Dec. 6, 1957, as amended at 35 FR (b) Upon receipt of a timely request 17530, Nov. 14, 1970; 56 FR 50498, Oct. 7, 1991] for a hearing, the Service shall schedule a review hearing before an immi- PART 336—HEARINGS ON DENIALS gration officer, within a reasonable period of time not to exceed 180 days OF APPLICATIONS FOR from the date upon which the appeal is NATURALIZATION filed. The review shall be with an officer other than the officer who con- Sec. ducted the original examination under 336.1 Denial after section 335 examination. 336.2 Hearing before an immigration officer. section 335 of the Act or who rendered 336.3–336.8 [Reserved] the Service determination upon which 336.9 Judicial review of denial determina- the hearing is based, and who is classi- tions on applications for naturalization. fied at a grade level equal to or higher

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than the grade of the examining offi- chapter, make a new decision favorable cer. The reviewing officer shall have to the affected party without notifying the authority and discretion to review the attorney or representative. The re- the application for naturalization, to quest for hearing may be considered examine the applicant, and either to properly filed as of its original filing affirm the findings and determination date if the attorney or representative of the original examining officer or to submits a properly executed Form G–28 redetermine the original decision of entitling that person to file the request the Service in whole or in part. The re- for hearing. viewing officer shall also have the dis- (2) Untimely request for hearing—(i) cretion to review any administrative Rejection without refund of filing fee. A record which was created as part of the request for hearing which is not filed examination procedures as well as within the time period allowed must be Service files and reports. He or she rejected as improperly filed. In such a may receive new evidence or take such case, any filing fee that the Service has additional testimony as may be accepted will not be refunded. deemed relevant to the applicant’s eli- (ii) Untimely request for hearing treated gibility for naturalization or which the as motion. If an untimely request for applicant seeks to provide. Based upon hearing meets the requirements of a the complexity of the issues to be re- motion to reopen as described in viewed or determined, and upon the ne- § 103.5(a)(2) of this chapter or a motion cessity of conducting further examina- to reconsider as described in § 103.5(a)(3) tions with respect to essential natu- of this chapter, the request for hearing ralization requirements, such as lit- must be treated as a motion, and a de- eracy or civics knowledge, the review- cision must be made on the merits of ing immigration officer may, in his or the case. her discretion, conduct a full de novo hearing or may utilize a less formal re- [56 FR 50499, Oct. 7, 1991, as amended at 58 FR view procedure, as he or she deems rea- 49914, Sept. 24, 1993] sonable and in the interest of justice. (c) Improperly filed request for §§ 336.3–336.8 [Reserved] hearing—(1) Request for hearing filed by a person or entity not entitled to file. § 336.9 Judicial review of denial determinations on applications for natu- (i) Rejection without refund of filing ralization. fee. A request for hearing filed by a person or entity who is not entitled to file (a) General. The provisions in part 310 such a request must be rejected as im- of this chapter shall provide the sole properly filed. In such a case, any filing and exclusive procedures for requesting fee that the Service has accepted will judicial review of final determinations not be refunded. on applications for naturalization (ii) Request for hearing by attorney or made pursuant to section 336(a) of the representative without proper Form G–28. Act and the provisions of this chapter If a request for hearing is filed by an by the Service on or after October 1, attorney or representative without a 1991. properly executed Notice of Entry of (b) Filing a petition. Under these pro- Appearance as Attorney or Representa- cedures an applicant shall file a peti- tive (Form G–28) entitling that person tion for review in the United States to file the request for hearing, the ap- District Court having jurisdiction over peal will be considered as improperly his or her place of residence, in accord- filed. In such a case, any filing fee that ance with chapter 7 of title 5, United the Service has accepted will not be re- States Code, within a period of not funded regardless of the action taken. more than 120 days after the Service’s The reviewing official shall ask the at- final determination. The petition for torney or representative to submit review shall be brought against the Im- Form G–28 to the official’s office with- migration and Naturalization Service, in 15 days of the request. If Form G–28 and service of the petition for review is not submitted within the time al- shall be made upon the Attorney Gen- lowed, the official may, on his or her eral of the United States, and upon the own motion, under § 103.5(a)(5)(i) of this official in charge of the Service office

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where the hearing was held pursuant to I hereby declare, on oath, that I absolutely § 336.2. and entirely renounce and abjure all alle- (c) Standard of review. The review will giance and fidelity to any foreign prince, po- tentate, state, or sovereignty, of whom or be de novo, and the court will make its which I have heretofore been a subject or cit- own findings of fact and conclusions of izen; that I will support and defend the Con- law. The court may also conduct, at stitution and laws of the United States of the request of the petitioner, a hearing America against all enemies, foreign and do- de novo on the application for natu- mestic; that I will bear true faith and alle- ralization. giance to the same; that I will bear arms on (d) Exhaustion of remedies. A Service behalf of the United States when required by the law; that I will perform noncombatant determination denying an application service in the Armed Forces of the United for naturalization under section 335(a) States when required by the law; that I will of the Act shall not be subject to judi- perform work of national importance under cial review until the applicant has ex- civilian direction when required by the law; hausted those administrative remedies and that I take this obligation freely, with- available to the applicant under sec- out any mental reservation or purpose of tion 336 of the Act. Every petition for evasion; so help me God. judicial review shall state whether the (b) Alteration of form of oath; affirma- validity of the final determination to tion in lieu of oath. In those cases in deny an application for naturalization which a petitioner or applicant for nat- has been upheld in any prior adminis- uralization is exempt from taking the trative proceeding and, if so, the na- oath prescribed in paragraph (a) of this ture and date of such proceeding and section in its entirety, the inapplicable the forum in which such proceeding clauses shall be deleted and the oath took place. shall be taken in such altered form. When a petitioner or applicant for nat- PART 337—OATH OF ALLEGIANCE uralization, by reason of religious training and belief (or individual inter- Sec. pretation thereof), or for other reasons 337.1 Oath of allegiance. of good conscience, cannot take the 337.2 Oath administered by the Immigration oath prescribed in paragraph (a) of this and Naturalization Service or an Immi- section with the words ‘‘on oath’’ and gration Judge. ‘‘so help me God’’ included, the words 337.3 Expedited administration of oath of ‘‘and solemnly affirm’’ shall be sub- allegiance. stituted for the words ‘‘on oath,’’ the 337.4 When requests for change of name granted. words ‘‘so help me God’’ shall be de- 337.5–337.6 [Reserved] leted, and the oath shall be taken in 337.7 Information and assignment of indi- such modified form. Any reference to viduals under exclusive jurisdiction. ‘oath of allegiance’ in this chapter is 337.8 Oath administered by the courts. understood to mean equally ‘affirma- 337.9 Effective date of naturalization. tion of allegiance’ as described in this 337.10 Failure to appear for oath adminis- paragraph. tration ceremony. (c) Obligations of oath. A petitioner or AUTHORITY: 8 U.S.C. 1103, 1443, 1448; 8 CFR applicant for naturalization shall, be- part 2. fore being naturalized, establish that it is his or her intention, in good faith, to § 337.1 Oath of allegiance. assume and discharge the obligations (a) Form of oath. Except as otherwise of the oath of allegiance, and that his provided in the Act and after receiving or her attitude toward the Constitu- notice from the district director that tion and laws of the United States ren- such applicant is eligible for natu- ders him or her capable of fulfilling the ralization pursuant to § 335.3 of this obligations of such oath. chapter, an applicant for naturaliza- (d) Renunciation of title or order of no- tion shall, before being admitted to bility. A petitioner or applicant for nat- citizenship, take in a public ceremony uralization who has borne any heredi- held within the United States the fol- tary title or has been of any of the or- lowing oath of allegiance, to a copy of ders of nobility in any foreign state which the applicant shall affix his or shall, in addition to taking the oath of her signature: allegiance prescribed in paragraph (a)

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of this section, make under oath or af- giance shall be delegated to Immigra- firmation in public an express renunci- tion Judges and to the following offi- ation of such title or order of nobility, cers of the Service: The Commissioner; in the following form: district directors; deputy district di- (1) I further renounce the title of rectors; officers-in-charge; assistant of- (give title or titles) which I have here- ficers-in-charge; or persons acting in tofore held; or behalf of such officers due to their ab- (2) I further renounce the order of no- sence or because their positions are va- bility (give the order of nobility) to cant. In exceptional cases where the which I have heretofore belonged. district director or officer-in-charge determines that it is appropriate for [22 FR 9824, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 3, 1959; 32 FR 13756, Oct. 3, 1967; 56 employees of a different rank to con- FR 50499, Oct. 7, 1991] duct ceremonies, the district director or officer-in-charge may make a re- § 337.2 Oath administered by the Im- quest through the Commissioner to the migration and Naturalization Serv- Assistant Commissioner, Adjudica- ice or an Immigration Judge. tions, for permission to delegate such (a) Public ceremony. An applicant for authority. The request shall furnish naturalization who has elected to have the reasons for seeking exemption from his or her oath of allegiance adminis- the requirements of this paragraph. tered by the Service or an Immigration The Commissioner may delegate such Judge and is not subject to the exclu- authority to such other officers of the sive oath administration authority of Service or the Department of Justice an eligible court pursuant to section as he or she may deem appropriate. 310(b) of the Act shall appear in person (c) Execution of questionnaire. Imme- in a public ceremony, unless such ap- diately prior to being administered the pearance is specifically excused under oath of allegiance, each applicant shall the terms and conditions set forth in complete the questionnaire on Form N– this part. Such ceremony shall be held 445. Each completed Form N–445 shall at a time and place designated by the be reviewed by an officer of the Service Service or the Executive Office for Im- who may question the applicant re- migration Review within the United garding the information thereon. If de- States and within the jurisdiction rogatory information is revealed, the where the application for naturaliza- applicant’s name shall be removed tion was filed, or into which the appli- from the list of eligible persons as pro- cation for naturalization was trans- vided in § 335.5 of this chapter and he or ferred pursuant to § 335.9 of this chap- she shall not be administered the oath. ter. Such ceremonies shall be con- [60 FR 37803, July 24, 1995] ducted at regular intervals as fre- quently as necessary to ensure timely § 337.3 Expedited administration of naturalization, but in all events at oath of allegiance. least once monthly where it is required (a) An applicant may be granted an to minimize unreasonable delays. Such expedited oath administration cere- ceremonies shall be presented in such a mony by either the court or the Serv- manner as to preserve the dignity and ice upon demonstrating sufficient significance of the occasion. District cause. In determining whether to grant directors shall ensure that ceremonies an expedited oath administration cere- conducted by the Service in their dis- mony, the court or the district director tricts, inclusive of those held by sub- shall consider special circumstances of office managers, are in keeping with a compelling or humanitarian nature. the Model Plan for Naturalization Special circumstances may include but Ceremonies. Organizations tradition- are not limited to: ally involved in activities surrounding (1) The serious illness of the appli- the ceremony should be encouraged to cant or a member of the applicant’s participate in Service-administered family; ceremonies by local arrangement. (2) Permanent disability of the appli- (b) Authority to administer oath of alle- cant sufficiently incapacitating as to giance. The authority of the Attorney prevent the applicant’s personal ap- General to administer the oath of alle- pearance at a scheduled ceremony;

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(3) The developmental disability or §§ 337.5–337.6 [Reserved] advanced age of the applicant which would make appearance at a scheduled § 337.7 Information and assignment of ceremony inappropriate; or individuals under exclusive jurisdiction. (4) Urgent or compelling circumstances relating to travel or em- (a) No later than at the time of the ployment determined by the court or examination on the application pursu- the Service to be sufficiently meri- ant to § 335.2 of this chapter, an employee of the Service shall advise the torious to warrant special consider- applicant of his or her right to elect ation. the site for the administration of the (b) Courts exercising exclusive au- oath of allegiance, subject to the exclu- thority may either hold an expedited sive jurisdiction provision of § 310.3(d) oath administration ceremony or refer of this chapter. In order to assist the the applicant to the Service in order applicant in making an informed deci- for either the Immigration Judge or sion, the Service shall advise the appli- the Service to conduct an oath admin- cant of the upcoming Immigration istration ceremony, if an expedited ju- Judge or Service conducted and judi- dicial oath administration ceremony is cial ceremonies at which the applicant impractical. The court shall inform the may appear, if found eligible for natu- district director in writing of its deci- ralization. sion to grant the applicant an expe- (b) An applicant whose application dited oath administration ceremony has been approved by the Service who and that the court has relinquished ex- is subject to the exclusive jurisdiction clusive jurisdiction as to that appli- of a court pursuant to § 310.2(d) of this cant. chapter, shall be advised of the next available court ceremony and provided (c) All requests for expedited admin- with a written notice to appear at that istration of the oath of allegiance shall ceremony. If the applicant is subject to be made in writing to either the court the exclusive jurisdiction of more than or the Service. Such requests shall con- one court exercising exclusive jurisdic- tain sufficient information to substan- tion, the applicant will be informed of tiate the claim of special cir- the upcoming ceremonies in each af- cumstances to permit either the court fected court. The applicant shall decide or the Service to properly exercise the which court he or she wishes to admin- discretionary authority to grant the ister the oath of allegiance. relief sought. The court or the Service [58 FR 49915, Sept. 24, 1993, as amended at 60 may seek verification of the validity of FR 37804, July 24, 1995] the information provided in the request. If the applicant submits a writ- § 337.8 Oath administered by the ten request to the Service, but is courts. awaiting an oath administration cere- (a) Notification of election. An appli- mony by a court pursuant to § 337.8, the cant for naturalization not subject to Service promptly shall provide the the exclusive jurisdiction of § 310.2(d) of court with a copy of the request with- this chapter shall notify the Service at out reaching a decision on whether to the time of the filing of, or no later grant or deny the request. than at the examination on, the application of his or her election to have the [60 FR 37804, July 24, 1995] oath of allegiance administered in an appropriate court having jurisdiction § 337.4 When requests for change of over the applicant’s place of residence. name granted. (b) Certification of eligibility—(1) Ex- When the court has granted the peti- clusive jurisdiction. In those instances tioner’s change of name request, the falling within the exclusive jurisdic- petitioner shall subscribe his or her tion provision of section 310(b)(1)(B) of new name to the written oath of alle- the Act, the Service shall notify the giance. court of the applicant’s eligibility for admission to United States citizenship [56 FR 50500, Oct. 7, 1991] by submitting to the clerk of court

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Form N–646 within ten (10) days of the a Service representative to be present approval of the application. at a judicial oath administration cere- (2) Non-exclusive jurisdiction. In those mony, written notice of that fact shall instances in which the applicant has be given by the Service to the court. elected to have the oath administered The applicants to be administered the in a court ceremony, the Service shall oath shall be listed on the appropriate notify the clerk of court, in writing, forms prescribed in paragraph (d) of using Form N–646, that the applicant this section. The forms, memoranda, has been determined by the Attorney and certificates of naturalization shall General to be eligible for admission to be transmitted to the clerk of court, United States citizenship upon taking who shall submit the appropriate lists the requisite oath of allegiance and re- to the court. nunciation in a public ceremony. If a (f) Withdrawal from court. An appli- scheduled hearing date is not available cant for naturalization not subject to at the time of the notification, Form the exclusive jurisdiction of § 310.3(d) of N–646 shall indicate that the applicant this chapter, who has elected to have has not been scheduled for a ceremony the oath administered in a court oath and the applicant shall be informed in ceremony, may, for good cause shown, writing that the application has been request that his or her name be re- approved but no ceremony date is yet moved from the list of persons eligible available. to be administered the oath at a court (c) Preparation of lists. (1) At or prior oath ceremony and request that the to the oath administration ceremony oath be administered in a ceremony the representative attending the cere- conducted by an Immigration Judge or mony shall submit to the court on the Service. Such request shall be in Form N–647, in duplicate, lists of per- writing to the Service office which sons to be administered the oath of al- granted the application and shall cite legiance and renunciation. After the the reasons for the request. The dis- ceremony, and after any required trict director or officer-in-charge shall amendments and notations have been consider the good cause shown and the made therein, the clerk of court shall best interests of the applicant in mak- sign the lists. ing a decision. If it is determined that (2) The originals of all court lists the applicant shall be permitted to specified in this section shall be filed withdraw his or her name from the permanently in the court, and the du- court ceremony, the Service shall give plicates returned by the clerk of court written notice to the court of the ap- to the appropriate Service office for re- plicant’s withdrawal, and the applicant tention by such office. The same dis- shall be scheduled for the next avail- position shall be made of any list pre- able oath ceremony, conducted by an sented to, but not approved by, the Immigration Judge or the Service, as if court. he or she had never elected the court (d) Personal representation of the gov- ceremony. ernment at oath administration ceremonies. An oath administration cere- [58 FR 49915, Sept. 24, 1993, as amended at 60 FR 37804, July 24, 1995] mony shall be attended by a representative of the Service, who shall review § 337.9 Effective date of naturalization. each applicant’s completed questionnaire Form N–445. If necessary, the (a) An applicant for naturalization Service representative shall question shall be deemed a citizen of the United the applicant regarding the informa- States as of the date on which the ap- tion thereon. If the questioning reveals plicant takes the prescribed oath of al- derogatory information, the appli- legiance, administered either by the cant’s name shall be removed from the Service or an Immigration Judge in an list of eligible persons as provided in administrative ceremony or in a cere- § 335.5 of this chapter and the court mony conducted by an appropriate shall not administer the oath to such court under § 337.8 of this chapter. applicant. (b) [Reserved] (e) Written report in lieu of personal [56 FR 50500, Oct. 7, 1991, as amended at 60 FR representation. If it is impracticable for 37804, July 24, 1995; 66 FR 32147, June 13, 2001]

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§ 337.10 Failure to appear for oath ad- shown in the application and Service ministration ceremony. records, even though the applicant may An applicant who fails to appear be stateless at the time of admission to without good cause for more than one citizenship. Photographs shall be af- oath administration ceremony for fixed to the certificate in the manner which he or she was duly notified shall provided in part 333 of this chapter. be presumed to have abandoned his or The certificate shall be signed by the her intent to be naturalized. Such pre- applicant. The Commissioner’s signa- sumption shall be regarded as the re- ture shall be affixed to the certificate. ceipt of derogatory information, and [58 FR 49916, Sept. 24, 1993] the procedures contained in § 335.5 of this chapter shall be followed. § 338.2 Execution in case name is changed. [58 FR 49916, Sept. 24, 1993] Whenever the name of an applicant has been changed by order of a court as PART 338—CERTIFICATE OF a part of a naturalization, the clerk of NATURALIZATION court, or his or her authorized deputy, shall forward a copy of the order Sec. changing the applicant’s name with the 338.1 Execution and issuance of certificate. notifications required by part 339 of 338.2 Execution in case name is changed. 338.3 Delivery of certificates. this chapter. The Certificate of Natu- 338.4 [Reserved] ralization will be issued to the appli- 338.5 Correction of certificates. cant in the name as changed. 338.6–338.10 [Reserved] [56 FR 50501, Oct. 7, 1991] 338.11 Execution and issuance of certificate of naturalization by clerk of court. 338.12 Endorsement by clerk of court in case § 338.3 Delivery of certificates. name is changed. No Certificate of Naturalization will 338.13 Spoiled certificate. be delivered in any case in which the AUTHORITY: 8 U.S.C. 1103, 1443; 8 CFR part naturalized person has not surrendered 2. his or her Permanent Resident Card to the Service. Upon a finding that the § 338.1 Execution and issuance of cer- card is destroyed or otherwise unavail- tificate. able, the district director may waive (a) Issuance. When an applicant for the surrender of the card and the Cer- naturalization has taken and sub- tificate of Naturalization shall then be scribed to the oath of allegiance in ac- delivered to the naturalized person. cordance with §§ 337.1, 337.2 and 337.3 of [56 FR 50501, Oct. 7, 1991, as amended at 63 FR this chapter, a Certificate of Natu- 70316, Dec. 21, 1998] ralization, Form N–550, shall be issued by the Service at the conclusion of the § 338.4 [Reserved] oath administration ceremony. For each applicant appearing at a judicial § 338.5 Correction of certificates. oath administration ceremony pursu- (a) Whenever a Certificate of Natu- ant to § 337.8, the Service shall prepare ralization has been delivered which the Certificate of Naturalization and does not conform to the facts shown on forward it to the clerk of court suffi- the application for naturalization, or a ciently in advance of the ceremony to clerical error was made in preparing ensure the timely delivery on the date the certificate, an application for the oath administration ceremony is issuance of a corrected certificate, conducted. Form N–565, without fee, may be filed (b) Execution of certificate. The certifi- by the naturalized person. The applica- cate shall be issued to the applicant in tion shall be filed at the Service office his or her true, full, and correct name having jurisdiction over the place of as it exists at the time of the adminis- residence of the applicant. tration of the oath of allegiance. The (b) If the certificate was originally certificate shall show, under ‘‘former issued by a clerk of court under a prior nationality,’’ the name of the appli- statute and the district director finds cant’s last country of citizenship, as that a correction is justified and can be

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made without mutilating the certifi- was filed prior to October 1, 1991, has cate, he or she shall authorize the taken and subscribed to the oath of al- clerk of the issuing court, or his or her legiance, and a final order of citizen- authorized deputy, on Form N–459, in ship has been signed by the court, a duplicate, to make the necessary cor- certificate of naturalization shall be rection and to place a dated endorse- issued in duplicate by the clerk of ment on the reverse of the certificate, court on Form N–550 (rev. 11–1–87) or N– over the clerk’s or deputy’s signature 550C. If the court maintains naturaliza- and the seal of the court, explaining tion records using the certificate stub, the correction. The authorization shall the certificates and the stub of the be filed with the naturalization record original certificate shall be signed by of the court, the corrected certificate the petitioner. If the court maintains shall be returned to the naturalized naturalization records on an electronic person, and the duplicate Form N–459 shall be endorsed to show the date and database then only the certificates nature of the correction and endorse- shall be signed by the petitioner and ment made, and then returned to the the information contained on the stub district director. No fee shall be shall be entered into and maintained in charged the naturalized person for the the court’s electronic database. correction. The district director shall (b) The certificate shall show under forward the duplicate endorsed author- ‘‘former nationality’’ the name of the ization to the official Service file. country of which the petitioner was (c) If the certificate was originally last a citizen, as shown on the petition, issued by the Service, and the district even though the petitioner may have director finds that a correction was been stateless at the time of admission justified, the necessary correction shall to citizenship. The clerk of court or the be made to the certificate and a dated authorized deputy shall endorse the endorsement made on the reverse of alien registration number on the cer- the certificate, over the signature of tificate stub, or if using automation the district director and the seal of the equipment, ensure it is part of the elec- Department of Justice. A notation re- tronic database record. The clerk of garding the correction shall be placed court or the authorized deputy shall on the Form N–565 which shall be for- personally sign the certificate, and en- warded to the Service file. sure that the essential facts from the (d) When a correction made pursuant certificate are on the stub or entered to paragraph (b) or (c) of this section would or does result in mutilation of a into the electronic database record. certificate, the district director shall Both certificates and stubs shall be issue a replacement certificate on prepared in one operation unless an Form N–570 and the surrendered certifi- automated system is used. Photo- cate shall be destroyed. graphs shall be affixed to the original (e) The correction will not be deemed and duplicate certificates in the man- to be justified where the naturalized ner prescribed in 8 CFR part 333. person later alleges that the name or (c) The stub of the original certifi- date of birth which the applicant stat- cate or the information recorded from ed to be his or her correct name or date the stub that is maintained on the of birth at the time of naturalization electronic database shall be retained was not in fact his or her name or date by the clerk of court. Courts using the of birth at the time of the naturaliza- certificate stub shall file and maintain tion. the stub in a 3″×5″ card file container. [56 FR 50501, Oct. 7, 1991] The electronic record shall be maintained in an accessible database with a §§ 338.6–338.10 [Reserved] back-up system to ensure protection and integrity of data. The original cer- § 338.11 Execution and issuance of certificate of naturalization by clerk of tificate shall be delivered to the peti- court. tioner. The duplicate certificate shall not be separated from the stub, and (a) When a petitioner for naturaliza- shall be forwarded to the appropriate tion, whose petition for naturalization

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office of the Immigration and Natu- PART 339—FUNCTlONS AND DUTIES ralization Service with all other dupli- OF CLERKS OF COURT REGARD- cate papers or records in accordance with 8 CFR part 333. ING NATURALIZATION PROCEEDINGS [56 FR 30679, July 5, 1991, as amended at 56 FR 50501, Oct. 7, 1991] Sec. § 338.12 Endorsement by clerk of court 339.1 Administration of oath of allegiance in case name is changed. to applicants for naturalization. 339.2 Monthly reports. Whenever the name of a petitioner, 339.3 Relinquishment of naturalization ju- whose petition for naturalization was risdiction. filed prior to October 1, 1991, has been 339.4 Binding of naturalization records. changed by order of a court as part of 339.5 Recordkeeping. a naturalization, the clerk of court or his or her authorized deputy shall AUTHORITY: 8 U.S.C. 1103, 1443, 1448. make the following endorsement on the front of the original and duplicate cer- § 339.1 Administration of oath of allegiance to applicants for naturaliza- tificate of naturalization: ‘‘Name tion. changed by decree of court from llll, as part of the naturalization.’’ It shall be the duty of a judge of a inserting in full the original name of court that administers an oath of alle- the petitioner. This notation will be in- giance to ensure that such oath is ad- serted immediately following the year ministered to each applicant for natu- of naturalization. If the stubs are being ralization who has chosen to appear be- kept as naturalization records, a simi- fore the court. The clerk of court shall lar notation will be made on the stubs issue to each person to whom such oath of the original and duplicate certifi- is administered the Certificate of Natu- cates, an the stub of the original cer- ralization provided by the Service pur- tificate will be signed by the petitioner suant to § 338.1 of this chapter. The in the name as changed. If the court is clerk of court shall provide to each using an electronic database for natu- person whose name was changed as ralization recordkeeping, the name part of the naturalization proceedings, change information will be maintained pursuant to section 336(e) of the Act, in that database. The original certifi- certified evidence of such name change. cate will be issued and the duplicate, with or without the stub, depending on [58 FR 49916, Sept. 24, 1993] the specific courts recordkeeping system, will be sent to the Immigration § 339.2 Monthly reports. and Naturalization Service. (a) Oath administration ceremonies. [56 FR 30680, July 5, 1991; 56 FR 38485, Aug. 13, Clerks of court shall on the first day of 1991, as amended at 56 FR 50501, Oct. 7, 1991] each month submit to the Service office having administrative jurisdiction § 338.13 Spoiled certificate. over the place in which the court is lo- Whenever a certificate of naturaliza- cated a report on Form N–4, in dupli- tion is damaged, mutilated, defaced, or cate, listing all oath administration otherwise spoiled before delivery by ceremonies held and the total number the clerk, the original and duplicate, of persons issued the oath at each cere- with stubs intact, shall be marked mony, in accordance with the instruc- ‘‘Spoiled’’ and transmitted to the ap- tions contained in Form N–4. The re- propriate immigration and naturaliza- port shall be accompanied by all dupli- tion office, in the manner described in cate lists of persons attending natu- § 339.2 of this chapter, with the monthly ralization oath ceremonies during the report of the clerk on Form N–4. This month, certified copies of any court or- section applies to certificates prepared ders granting changes of name, an ac- by the clerk of court pursuant to counting of the certificates issued to § 338.11. them, and the original of all certifi- [22 FR 9824, Dec. 6, 1957, as amended at 56 FR cates of naturalization which were 50502, Oct. 7, 1991] voided by the clerk of court. In lieu of

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forwarding duplicate lists of natural- into between the Service and the Ad- ized persons to the Service with the re- ministrative Office of United States port on Form N–4, the clerk may de- Courts. liver the lists to the Service representative immediately after the oath cere- [56 FR 50502, Oct. 7, 1991, as amended at 58 FR 49916, Sept. 24, 1993; 60 FR 6652, Feb. 3, 1995] mony. In such a case, the N–4 shall reflect that the duplicate list was so de- § 339.3 Relinquishment of naturaliza- livered. tion jurisdiction. (b) Petitions filed for de novo hearings. The clerk of court shall submit to the Whenever a court relinquishes natu- district director having administrative ralization jurisdiction, the clerk of jurisdiction over the place in which the court shall, within ten days following court is located, a monthly report of the date of relinquishment, furnish the all persons who have filed de novo re- district director having administrative view petitions before the court. The re- jurisdiction over the place in which the port shall include each petitioner’s court is located, a certified copy of the name, alien registration number, date order of court relinquishing jurisdic- of filing of the petition for a de novo re- tion. A representative of the Service view, and, once an order has been en- shall thereafter examine the natu- tered, the disposition. ralization records in the office of the (c) Reports relating to petitions filed clerk of court and shall bind and lock prior to October 1, 1991. The clerks of them. The clerk of court shall return court shall, on the first day of each all unused forms and blank certificates month, submit to the district director of naturalization to the district direc- or officer in charge having administrator with his monthly report on Form tive jurisdiction over the place in N–4. which the court is located, a report on [22 FR 9825, Dec. 6, 1957] Form N–4, in duplicate, listing all certificates of naturalization issued or § 339.4 Binding of naturalization spoiled pursuant to § 338.11 of this chap- records. ter during the preceding month in ac- Whenever a volume of petitions for cordance with the instructions con- naturalization, applications to take tained in Form N–4. The report shall be the oath of allegiance, declarations of accompanied by all duplicates of cer- intention, orders of court, or other doc- tificates of naturalization with stubs uments affecting or relating to the nat- intact. uralization of persons is completed, it (d) Other proceedings and orders. The shall be bound and locked by the clerk clerk of court shall forward to the of court. Service office having administrative jurisdiction over the place in which the [22 FR 9825, Dec. 6, 1957] court is located certified copies of the records of such other proceedings and § 339.5 Recordkeeping. other orders instituted on or issued by The maintenance of records and sub- the court affecting or relating to the mission of reports under this chapter naturalization of any person as may be may be accomplished by either elec- required from time to time by the tronic or paper means. Service. (e) Use of reports for accounting pur- [56 FR 50502, Oct. 7, 1991] poses. Form N–4 shall be used by state and federal courts as a monthly billing PART 340—REVOCATION OF document, submitted to the Service for NATURALIZATION reimbursement in accordance with section 344(f)(1) of the Act. The Service Sec. shall use the information submitted on 340.1 Reopening of a naturalization applica- this form to calculate costs incurred by tion by a district director pursuant to courts in performing their naturaliza- section 340(h) of the Act. tion functions. State and federal courts 340.2 Revocation proceedings pursuant to will be reimbursed pursuant to terms section 340(a) of the Act. set forth in annual agreements entered AUTHORITY: 8 U.S.C. 1103, 1443.

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§ 340.1 Reopening of a naturalization tice and to request a hearing, as pro- application by a district director vided in paragraph (b)(3) of this sec- pursuant to section 340(h) of the tion. Act. (ii) The Service shall serve the notice (a) Reopening general. On its own mo- of intent to reopen naturalization pro- tion, the Service may reopen a natu- ceedings and to revoke naturalization ralization proceeding and revoke natu- upon the applicant by personal service, ralization in accordance with this sec- as described in § 103.5a(a)(2) of this tion, if the Service obtains clear, con- chapter. When personal service is ac- vincing, and unequivocal evidence complished by certified or registered which: mail, return receipt requested, but the (1) Shows that the Service granted notice is returned as undeliverable, the the application by mistake; or Service shall serve the notice again, (2) Was not known to the Service Of- using another one of the methods of ficer during the original naturalization personal service described in proceeding; and— § 103.5a(a)(2) of this chapter. (i) Would have had a material effect (3) Applicant’s opportunity to respond on the outcome of the original natu- and to request hearing. (i) Within sixty ralization; and (60) days of service of the notice of in- (ii) Would have proven that: tent to reopen naturalization pro- (A) The applicant’s application was ceedings and to revoke naturalization, based on fraud or misrepresentation or the applicant may submit a response to concealment of a material fact; or the Service. The response may include (B) The applicant was not, in fact, el- any statements and/or additional evi- igible for naturalization. dence the applicant wishes to present (b) Procedure for reopening of natu- in response to the proposed grounds for ralization proceedings—(1) Jurisdiction. reopening. The district director under whose juris- (ii) The applicant may request a diction the applicant currently resides hearing on the notice of intent to re- has jurisdiction to reopen proceedings open naturalization proceedings and to under this section, except that notice revoke naturalization before an immi- of intent to reopen naturalization pro- gration officer authorized to review ceedings and to revoke naturalization naturalization applications under sec- must be served no later than 2 years tions 310 and 335 of the Act. The appli- after the effective date of the order ad- cant must submit a written request for mitting a person to citizenship, as de- a hearing together with any state- termined under § 337.9 of this chapter. ments and/or additional evidence with- This section applies to any order ad- in sixty (60) days of service of this no- mitting a person to citizenship with an tice. The Service shall schedule a re- effective date before, on, or after Octo- quested hearing as soon as practicable. ber 24, 1996. (4) Withdrawal of application or failure (2) Notice of intent to reopen natu- to respond. (i) Upon receipt of the no- ralization proceedings and to revoke natu- tice of intent to reopen naturalization ralization. (i) If the district director de- proceedings and to revoke naturaliza- termines that reopening a naturalization, the applicant may submit a writ- tion proceeding is warranted under ten statement admitting the facts paragraph (a) of this section, the dis- which the district director alleges as trict director shall prepare a written grounds for reopening, and with- notice of intent to reopen naturaliza- drawing the application for naturalization proceedings and to revoke natu- tion. The applicant shall sign the ralization. The notice shall describe in statement under oath or affirmation or clear and detailed language the shall certify the truth of the statement grounds on which the district director under penalty of perjury. intends to reopen the proceeding. The (ii) If the applicant fails to submit a notice shall include all evidence which response to the notice of intent to re- the district director believes warrants open naturalization proceedings and to reopening of the proceeding. The notice revoke naturalization within the pe- shall advise the applicant of his or her riod specified in paragraph (b)(3) of this right to submit a response to the no- section, that failure to respond will be

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deemed an admission of the stated tion, so that resolution of the factual grounds for reopening and revoking issue will depend on the credibility of naturalization. witnesses testifying under oath and (5) Right to counsel. The applicant subject to cross-examination; or may be represented at any time during (ii) After rendering a decision on the reopening proceedings by an attorney merits, the district director determines or other representative qualified under that the applicant had adequately re- part 292 of this chapter. butted the allegations made in the no- (6) Burden of proof. Upon service of a tice of intent to reopen naturalization notice of intent to reopen naturaliza- proceedings and to revoke naturalization proceedings and to revoke natu- tion, but the district director there- ralization, the Service bears the burden after obtains additional evidence of at of proof by clear, convincing, and un- least one of the grounds set forth in equivocal evidence that the grounds for paragraph (a) of this section. reopening and revoking set forth in the notice have been met. (e) Appeals. (1) The applicant may ap- (c) Record of reopened proceedings. The peal an adverse decision under para- record shall include, but is not limited graph (d) of this section to the Office of to: Examinations, Administrative Appeals (1) The applicant’s application for Unit. Any appeal shall be filed initially naturalization; with the district director within thirty (2) The Service’s notice of intent to (30) days after service of the notice of reopen naturalization proceedings and decision. Such appeal shall be filed in to revoke naturalization with proof of accordance with § 103.1 and § 103.7 of service to the applicant; this chapter, by filing the appeal on (3) All evidence forming the basis for Form I–290B with the fee. Appeals re- reopening the naturalization applica- ceived after the 30-day period may be tion; subject to dismissal for failure to time- (4) The applicant’s statement and/or ly file. evidence in response to the Service’s (2) If, within 45 days of the filing of a notice and in support of the applica- notice of appeal, the district director tion; and determines that the materials filed in (5) The record of the hearing, if a support of the appeal adequately rebut hearing was held. the grounds for reopening, the district (d) Decision. (1) The district director director may reconsider the decision to shall render, where practicable, a writ- reopen the naturalization application ten decision on the reopened natu- and to revoke naturalization, and af- ralization application within 180 days firm the original decision naturalizing of service of the notice of intent to re- the applicant. In such a case, it is not open naturalization proceedings and to necessary for the district director to revoke naturalization. The decision forward the case to the Administrative shall consist of findings of fact, conclu- Appeals Unit. If, after the district di- sions of law, and a final determination rector affirms an original naturaliza- on the naturalization application. No- tice of decision shall be served on the tion grant under this paragraph, the applicant or his or her attorney or rep- Service obtains additional evidence of resentative, if applicable. the grounds set forth in paragraph (a) (2) Referral for revocation suit. Rather of this section, the Service may not than reopening a naturalization deci- bring a new motion to reopen the natu- sion and revoking naturalization, the ralization proceeding and to revoke district director shall refer a case for naturalization, but may seek to revoke revocation proceedings under § 340.2 if: the applicant’s naturalization only (i) The applicant’s answer to the no- pursuant to section 340(a) of the Act. tice of intent to reopen a naturaliza- (f) Judicial review. If a decision of the tion proceeding and to revoke natu- Office of Examinations, Administrative ralization and any additional evidence Appeals Unit, is adverse to the appli- that the applicant submits raises a cant, the applicant may seek judicial genuine factual issue about the pro- review in accordance with section 310 priety of the applicant’s naturaliza- of the Act.

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(g) Effect of final decision of denial pursuant to section 340(a) of the Act, upon applicant’s status. (1) A final deci- he or she shall report the facts in writ- sion to reopen a naturalization pro- ing to the Regional Director, with a ceeding and to revoke naturalization recommendation regarding the institu- shall be effective as of the date of the tion of revocation proceedings. original order purporting to admit the (b) Recommendation for criminal pros- applicant to citizenship. The order pur- ecution. If it appears to the district di- porting to admit the applicant to citi- rector that a case described in para- zenship shall then have no legal effect. graph (a) of this section or one in (2) A district director’s decision to which a final decision has been reached reopen naturalization proceedings and under § 340.1(g) is amenable to criminal to revoke naturalization will be final, penalties under 18 U.S.C. 1425 for un- unless the applicant seeks administra- lawful procurement of citizenship or tive or judicial review within the pe- naturalization, the district director riod specified by law or regulation. may present such facts to the appro- (3) When a decision to reopen natu- priate United States Attorney for pos- ralization proceedings and to revoke sible criminal prosecution. naturalization becomes final, the dis- (c) Reports. It shall be the responsi- trict director shall order the applicant bility of the district director to advise to surrender his or her certificate of the Service office that originated the naturalization. The district director information upon which the revocation shall then cancel the certificate of nat- inquiry is based about the progress of uralization, and shall also notify the the investigation, and report the find- Department of State of the revocation ings of the inquiry as soon as prac- of naturalization. ticable. (4) Notwithstanding the service of a notice of intent to reopen naturaliza- [61 FR 55554, Oct. 28, 1996] tion proceedings and to revoke naturalization, the applicant shall be con- PART 341—CERTIFICATES OF sidered to be a citizen of the United CITIZENSHIP States until a decision to reopen proceedings and deny naturalization be- Sec. comes final. 341.1 Application. (h) Applicant’s request for reopening or 341.2 Examination upon application. 341.3 Depositions. modification of application. After having 341.4 Surrender of immigration documents. been granted naturalization and ad- 341.5 Report and recommendation. ministered the oath of allegiance and 341.6 Denial of application. renunciation, an applicant may move 341.7 Issuance of certificate. that the Service reopen his or her nat- AUTHORITY: Pub. L. 82–414, 66 Stat. 173, 238, uralization application for the purpose 254, 264, as amended; 8 U.S.C. 1103, 1409(c), of amending the application in accord- 1443, 1444, 1448, 1452, 1455; 8 CFR part 2. ance with § 334.5 of this chapter. SOURCE: 30 FR 5472, Apr. 16, 1965, unless [61 FR 55553, Oct. 28, 1996, as amended at 65 otherwise noted. FR 17128, Mar. 31, 2000] § 341.1 Application. § 340.2 Revocation proceedings pursu- Form N–600. An application for a cer- ant to section 340(a) of the Act. tificate of citizenship by or in behalf of (a) Recommendations for institution of a person who claims to have acquired revocation proceedings. Whenever it ap- United States citizenship under section pears that any grant of naturalization 309(c) or to have acquired or derived may have been illegally procured or United States citizenship as specified procured by concealment of a material in section 341 of the Act shall be sub- fact or by willful misrepresentation, mitted on Form N–600 in accordance the facts shall be reported to the dis- with the instructions thereon, accom- trict director having jurisdiction over panied by the fee specified in the naturalized person’s last known § 103.7(b)(1) of this chapter. The applica- place of residence in the United States. tion shall be supported by documen- If the district director is satisfied that tary and other evidence essential to es- a prima facie case exists for revocation tablish the claimed citizenship, such as

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birth, adoption, marriage, death, and (2) Substitution and waiver. When tes- divorce certificates. timony is deemed necessary by the district director and the presentation of (Approved by the Office of Management and the person or persons through whom Budget under control number 1115–0018) citizenship is claimed is precluded by [52 FR 19719, May 27, 1987] reason of death, refusal to testify, un- known whereabouts, advanced age, § 341.2 Examination upon application. mental or physical incapacity, or se- (a) Personal appearance of applicant vere illness or infirmity, another wit- and parent or guardian—(1) When testi- ness or witnesses shall be produced. A mony may be omitted. An application re- substitute witness also may be pro- ceived at a Service office having juris- duced in lieu of such person if such per- diction over the applicant’s residence son is a member of the United States may be processed without interview if Armed Forces serving outside the the Service officer adjudicating the United States in an area where his tes- case has in the Service administrative timony could not be taken without im- file(s) all the required documentation posing extreme hardship upon him, or necessary to establish the applicant’s without unduly delaying action on the eligibility for U.S. citizenship, or if the application, and no issue is present application is accompanied by one of which can be resolved only by this tes- the following: timony. (i) A Department of State Form FS– (c) Proof. The burden of proof shall be 240 (Report of Birth Abroad of a Citizen upon the claimant, or his parent or of the United States); guardian if one is acting in his behalf, to establish the claimed citizenship by (ii) An unexpired United States pass- a preponderance of the evidence. port issued initially for a full five/ten- (d) Assignment and authority of officer. year period to the applicant as a cit- A district director shall assign an offi- izen of the United States, or cer of the Service to conduct the exam- (iii) The applicant’s parent(s)’ natu- ination provided for in paragraphs (a) ralization certificate(s). and (b) of this section. The assigned of- (2) Testimony required. Each appli- ficer shall have authority to admin- cant, when notified to do so, shall ap- ister oaths or affirmations; to present pear in person before an officer for ex- and receive evidence; to rule upon of- amination under oath or affirmation fers of proof; to take or cause to be upon the application. A person under 18 taken depositions or interrogatories; to years of age must have a parent or regulate the course of the examination; guardian apply, appear, and testify for to examine and cross-examine all wit- the applicant, unless one is unavailable nesses appearing in the proceedings; to and the district director is satisfied grant or order continuances; to con- that the applicant is old enough to pro- sider and rule upon objections to the vide reliable testimony. The same rule introduction of evidence; to make a re- will apply for incompetent applicants. port and recommendation to the dis- At the examination the applicant and trict director as to whether the appli- the acting parent or guardian, if nec- cation shall be granted or denied, and essary, shall present testimony and to take such other action as may be ap- evidence pertinent to the claim to citi- propriate to the conduct of the exam- zenship and shall have the right to re- ination and the disposition of the ap- view and rebut any adverse evidence on plication. file, and to cross-examine witnesses (e) Conduct of examination. The as- called by the Government. signed officer shall, at the commence- (b) Witness—(1) Personal appearance. A ment of the examination of the claim- witness shall be called to testify under ant or the acting parent or guardian, oath or affirmation at the district di- advise them of their rights as set forth rector’s option only if that person’s in paragraphs (a) and (f) of this section, testimony is needed to prove a par- and shall interrogate them under oath ticular point, and only if alternative or affirmation with regard to each as- proof is unavailable or more difficult sertion made in the application and to produce than is the witness. any other matter pertinent to the

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claim to citizenship; in addition, when § 341.3 Depositions. a witness is deemed necessary, he shall If satisfied that a witness whose tes- interrogate each witness with regard to timony is essential is not available for pertinent matters within the personal examination in the United States, the knowledge of the witness, such as the assigned officer may authorize the tak- relationship between the claimant and ing of a deposition abroad by written the citizen source or sources; the citi- interrogatories before an officer of the zenship of the latter, and any possible Service or a United States consular of- expatriatory acts performed by the ficial. claimant and the citizen source or sources. He may, in his discretion, have § 341.4 Surrender of immigration docu- a transcript made of the testimony. At ments. the conclusion of the examination of Each claimant shall surrender any the claimant or the action parent or immigration identification and perma- guardian, all corrections made on the nent resident cards in his or her posses- applications form shall be consecu- sion. tively numbered and recorded in the [30 FR 5472, Apr. 16, 1965, as amended at 63 space provided therefor in the form. FR 70316, Dec. 21, 1998] The affidavit shall then be signed and sworn to or affirmed by the claimant § 341.5 Report and recommendation. or the acting parent or guardian; and The officer assigned to act on the ap- the remainder of the affidavit com- plication shall report his/her findings pleted and signed by the assigned offi- and recommendation by completing cer. the Report and Recommendation sec- (f) Representation during proceedings. tion of the Form N–600 application, or The claimant shall have the right to by formal order, as appropriate. The representation during the proceedings, record, including the report and rec- as provided in part 292 of this chapter, ommendation, shall be submitted to and such representative shall have the the distict director, who shall sign the right to examine and cross-examine report either approving or disapproving witnesses appearing in the proceedings; the recommendation. to introduce evidence; to object to the [50 FR 39649, Sept. 30, 1985; 50 FR 41480, Oct. introduction of evidence, which objec- 11, 1985] tions shall be stated succinctly and entered on the record, and to submit § 341.6 Denial of application. briefs. If the claimant is not rep- If it is the decision of the district di- resented by an attorney or representa- rector to deny the application for a tive, the assigned officer shall assist Certificate of Citizenship, the appli- him in the introduction of all evidence cant shall be furnished the reasons for available in his behalf. denial and advised of the right to ap- (g) Assignment of additional officer. peal in accordance with the provisions The district director may, in his discre- of 8 CFR 103.3(a). After an application tion, assign an officer of the Service to for a Certifcate of Citizenship has been examine and cross-examine the appli- denied and the appeal time has run, a cant and any witnesses produced by the second application submitted by the applicant or by the Government and same individual shall be rejected and present evidence pertinent to the appli- the applicant instructed to submit a cant’s claim to citizenship. The officer motion for reopening or reconsider- of the Service assigned to conduct the ation in accordance with 8 CFR 103.5. examination under this part may take The motion shall be accompanied by such part in the proceedings as he may the rejected application and the fee deem necessary. specified in 8 CFR 103.7 reduced by the amount of the fee paid with the re- [30 FR 5472, Apr. 16, 1965; 30 FR 5621, Apr. 21, jected application. A decision shall be 1965, as amended at 32 FR 6260, Apr. 21, 1967; issued with notification of appeal 45 FR 84011, Dec. 22, 1980; 51 FR 35629, Oct. 7, rights in all Certificate of Citizenship 1986; 66 FR 32147, June 13, 2001] cases, including any case denied due to

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the applicant’s failure to prosecute the tion showing cause why the certificate, application. document, or record should not be can- celed, that he may appear in person be- [50 FR 39649, Sept. 30, 1985] fore a naturalization examiner in sup- § 341.7 Issuance of certificate. port of, or in lieu of his written answer, and that he may have present at that (a) If the application is granted, a time, without expense to the Govern- Certificate of Citizenship shall be ment, an attorney or representative issued and, unless the claimant is un- qualified under part 292 of this chapter. able by reason of mental incapacity or young age to understand the meaning In such proceedings the person shall be thereof, he or she shall take and sub- known as the respondent. scribe to the oath of renunciation and [29 FR 5511, Apr. 24, 1964, as amended at 37 allegiance, prescribed by part 337 of FR 2767, Feb. 5, 1972] this chapter, before a member of the Service within the United States. § 342.2 Service of notice. Thereafter, delivery of the certificate (a) Service. The notice required by shall be made in the United States to § 342.1 shall be served personally by an the claimant or the acting parent or employee of the Government by deliv- guardian, either personally or by cer- ery to the respondent, or by delivery to tified mail. a person of suitable age and discretion (b) [Reserved] at the respondent’s dwelling house or [55 FR 31037, July 31, 1990, as amended at 66 usual place of abode, or by mailing to FR 32147, June 13, 2001] the respondent’s last known address by registered or certified mail, return re- PART 342—ADMINISTRATIVE CAN- ceipt requested. CELLATION OF CERTIFICATES, (b) Proof of Service. The post office re- DOCUMENTS, OR RECORDS turn receipt, or the certificate of the employee serving the notice by per- Sec. sonal delivery, setting forth the date 342.1 Notice. and manner of service, shall constitute 342.2 Service of notice. proof of service. In the case of a men- 342.3 Allegations admitted; no answer filed; tally incompetent respondent or a no personal appearance requested. child under 14 years of age, service 342.4 Answer asserting defense; personal ap- shall be made upon his guardian, near pearance requested. relative or friend, and the person so 342.5 Conduct of examination. 342.6 Depositions. served shall be permitted to appear on 342.7 Report and recommendation. behalf of the respondent. 342.8 Appeals. [29 FR 5511, Apr. 24, 1964] 342.9 Notice re 18 U.S.C. 1428. AUTHORITY: Secs. 103, 342, 66 Stat. 173, 263; § 342.3 Allegations admitted; no an- 8 U.S.C. 1103, 1453. swer filed; no personal appearance requested. SOURCE: 28 FR 209, Jan. 9, 1963, unless otherwise noted. If the answer admits all material allegations in the notice, or if no answer § 342.1 Notice. is filed within the 60-day period or any If it shall appear to a district direc- extension thereof and no personal ap- tor that a person has illegally or fraud- pearance is requested within such pe- ulently obtained or caused to be cre- riod or periods, it shall be deemed to ated a certificate, document, or record authorize the district director, without described in section 342 of the Act, a further notice to respondent, to find notice shall be served upon the person the facts to be as alleged in the notice of intention to cancel the certificate, and to cancel the certificate, docu- document, or record. The notice shall ment, or record. No appeal shall lie contain allegations of the reasons for from such decision. Written notice of the proposed action and shall advise the decision shall be served upon the the person that he may submit, within respondent with demand for surrender 60 days of service of the notice, an an- of the certificate, document, or record swer in writing under oath or affirma- forthwith.

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§ 342.4 Answer asserting defense; per- essary, explain them to him. The re- sonal appearance requested. spondent shall be asked whether he ad- If the respondent files an answer mits or denies the material allegations within the prescribed period asserting in the notice, or any of them, and a defense to the allegations in the no- whether he concedes illegality or fraud. tice, or requests a personal appearance, If respondent admits all the material with or without an answer, the district allegations and that the certificate, director shall designate a naturaliza- document, or record was procured by tion examiner to consider the case. The fraud or illegality, and no issue of law respondent shall be notified that he or fact remains, the naturalization ex- may appear in person or through coun- aminer may determine that fraud or il- sel with any witnesses and evidence in legality has been established on the defense of the allegations, and shall be basis of the respondent’s admissions. informed of the date, time, and place The allegations in the notice shall be for such appearance. taken as admitted if respondent, without reasonable cause, fails or refuses to § 342.5 Conduct of examination. attend or remain in attendance at the (a) Authority of naturalization exam- examination. The examination shall be iner. The naturalization examiner as- recorded verbatim except for state- signed to consider the case shall have ments made off the record with the authority to administer oaths or affir- permission of the naturalization exam- mations to respondent and witnesses, iner. issue subpoenas, present and receive (d) Prior statements. The naturaliza- evidence, rule upon offers of proof, tion examiner assigned to consider the take or cause depositions or interrog- case may receive in evidence any oral atories to be taken, regulate the course or written statement which is material of the examination, take testimony of and relevant to any issue in the case respondent and witnesses, grant con- previously made by the respondent or tinuances, consider and rule upon ob- by any other person during any inves- jections to the introduction of evi- tigation, examination, hearing, trial, dence, make recommendations to the proceeding, or interrogation. district director as to whether can- [28 FR 209, Jan. 9, 1963, as amended at 32 FR cellation shall be ordered or the pro- 3340, Feb. 28, 1967] ceedings terminated, and to take any other action as may be appropriate to § 342.6 Depositions. the conduct and disposition of the case. Upon good cause shown, the testi- (b) Assignment of additional officer. mony of any witness may be taken by The district director may, in his discre- depositions, either orally or upon writ- tion, assign an officer of the Service to ten interrogatories before a person examine and cross-examine the re- having authority to administer oaths spondent and witnesses and to present (affirmations), as may be designated by evidence pertinent to the case. The the naturalization examiner. naturalization examiner designated under § 342.4 may take such part in the [37 FR 2767, Feb. 5, 1972] proceedings as he may deem necessary. (c) Examination. The naturalization § 342.7 Report and recommendation. examiner designated under § 342.4 shall, The naturalization examiner shall prior to commencement of the exam- prepare a report summarizing the evi- ination, make known to the respondent dence, discussing the applicable law, his official capacity and that of any of- and containing his findings and rec- ficer assigned pursuant to paragraph ommendations. The record, including (b) of this section, the nature of the the report and recommendation, shall proceedings, his right to representation be forwarded to the district director, by counsel, to examine or object to evi- who shall sign the report, either ap- dence against him, to present evidence proving or disapproving the rec- in his own behalf, to cross-examine ommendation. If the decision of the witnesses presented by the Govern- district director is that the proceedings ment, and shall read the allegations in be terminated, the respondent shall be the notice to respondent and, if nec- so informed.

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§ 342.8 Appeals. the application is approved, a certifi- Should the district director find that cate of naturalization or repatriation the certificate, document, or record shall be issued and delivered in person, was fraudulently or illegally obtained, in the United States only, upon the ap- he shall enter an order that it be can- plicant’s signed receipt therefor. If the celled and the certificate or document application is denied, the applicant shall be notified of the reasons therefor surrendered to the Service forthwith. and his right to appeal in accordance Written notification of such action with the provisions of part 103 of this shall be given the respondent, with a chapter. copy of the decision, findings and decision of the district director, and he [23 FR 9125, Nov. 26, 1958, as amended at 32 shall be informed of his right of appeal FR 9635, July 4, 1967] in accordance with the provisions of part 103 of this chapter. PART 343a—NATURALIZATION AND CITIZENSHIP PAPERS LOST, MUTI- § 342.9 Notice re 18 U.S.C. 1428. LATED, OR DESTROYED; NEW The notice to surrender a cancelled CERTIFICATE IN CHANGED certificate of citizenship or copy there- NAME; CERTIFIED COPY OF RE- of, prescribed by section 1428 of Title 18 of the United States Code, shall be PATRIATION PROCEEDINGS given by the district director in whose Sec. district the person who has possession 343a.1 Application for replacement of or or control of such document resides. new papers relating to naturalization, [28 FR 9282, Aug. 23, 1963] citizenship, or repatriation. 343a.2 Return or replacement of surrendered certificate of naturalization or citizen- PART 343—CERTIFICATE OF NATU- ship. RALIZATION OR REPATRIATION; AUTHORITY: Secs. 103, 324, 332, 343, 344, 405, PERSONS WHO RESUMED CITI- 66 Stat. 173, 246, 247, 252, 263, 264, 265, 280; 8 ZENSHIP UNDER SECTION 323 OF U.S.C. 1101 note, 1103, 1435, 1443, 1454, 1455. THE NATIONALITY ACT OF 1940, § 343a.1 Application for replacement of AS AMENDED, OR SECTION 4 OF or new papers relating to natu- THE ACT OF JUNE 29, 1906 ralization, citizenship, or repatriation.

AUTHORITY: Secs. 103, 332, 343, 344, 405, 66 (a) Lost, mutilated, or destroyed natu- Stat. 173, 252, 263, 264, 280; 8 U.S.C. 1101, 1103, ralization papers. A person whose dec- 1443, 1454, 1455. laration of intention, certificate of naturalization, citizenship, or repatri- § 343.1 Application. ation, or whose certified copy of pro- A person who lost citizenship of the ceedings under the act of June 25, 1936, United States incidental to service in as amended, or under section 317(b) of one of the allied armies during World the Nationality Act of 1940, or under War I or II, or by voting in a political section 324(c) of the Immigration and election in a country not at war with Nationality Act, or under the provi- the United States during World War II, sions of any private law, has been lost, and who was naturalized under the pro- mutilated, or destroyed, shall apply on visions of section 323 of the Nationality Form N–565 for a new paper in lieu Act of 1940, as amended, or a person thereof. who, before January 13, 1941, resumed (b) New certificate in changed name. A United States citizenship under the naturalized citizen whose name has twelfth subdivision of section 4 of the been changed after naturalization by act of June 29, 1906, may obtain a cer- order of court or by marriage shall tificate evidencing such citizenship by apply on Form N–565 for a new certifi- making application therefor on Form cate of naturalization, or of citizen- N–580. The applicant shall be required ship, in the changed name. to appear in person before an assigned (c) Disposition. The applicant shall officer for interrogation under oath or only be required to appear in person be- affirmation upon the application. When fore an officer for interview under oath

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or affirmation in specific cases. Those (b) Section 352 of the Immigration cases which necessitate an interview and Nationality Act, which was invali- enabling an officer to properly adju- dated by Schneider v. Rusk, 377 U.S. 163; dicate the application at the office (c) Section 401(e) of the Nationality having jurisdiction will be determined Act of 1940; by a supervising officer. If an applica- (d) Section 349(a)(5) of the Immigra- tion for a new certificate of naturalization and Nationality Act, which was tion, citizenship, or repatriation or a invalidated by Afroyim v. Rusk, 387 U.S. new declaration of intention is ap- 253; proved, the new certificate or declara- (e) Section 301(b) of the Immigration and Nationality Act tion shall be issued and delivered by (f) Section 301(c) of the Immigration personal service in accordance with and Nationality Act relative to persons § 103.5a(a)(2) of this chapter. If an appli- born after May 24, 1934, which was in- cation for a new certified copy of the validated by amendment to section proceedings under the Act of June 25, 301(b) on October 27, 1972, Public Law 1936, as amended, or under section 92–584. 317(b) of the Nationality Act of 1940, or If, after having been surrendered to under section 324(c) of the Immigration the Department of State or to the and Nationality Act, or under the pro- Service, the certificate was lost, muti- visions of any private law is approved, lated, or destroyed as a result of action a certified positive photocopy of the by the Service or that Department, a record of the proceedings filed with the replacement certificate may be issued Service shall be issued. If, subsequent in the name shown in the surrendered to naturalization or repatriation, the certificate without fee and without re- applicant’s name was changed by mar- quiring the submission of Form N–565. riage, the certification of the positive A surrendered certificate shall not be photocopy shall show both the name in regarded as mutilated and a replace- which the proceedings were conducted ment shall not be issued solely because and the changed name. The new cer- of holes made in it to accommodate a tified copy shall be personally deliv- fastener, unless the citizen declines to ered to the applicant upon his or her accept the return of the surrendered signed receipt therefor. If the applica- certificate in that condition and insists tion is denied, the applicant shall be upon issuance of a replacement. When notified of the reasons therefor and of it is desired that the replacement certificate be furnished in a name other the right to appeal in accordance with than the one shown in the surrendered the provisions of part 103 of this chap- certificate, the regular application pro- ter. cedure with payment of fee must be fol- [23 FR 9125, Nov. 26, 1958, as amended at 32 lowed. FR 9635, July 7, 1967; 51 FR 35629, Oct. 7, 1986] [51 FR 35629, Oct. 7, 1986] § 343a.2 Return or replacement of surrendered certificate of naturaliza- PART 343b—SPECIAL CERTIFICATE tion or citizenship. OF NATURALIZATION FOR REC- A certificate of naturalization or OGNITION BY A FOREIGN STATE citizenship which is contained in a Service file, and which was surrendered Sec. on a finding that loss of nationality oc- 343b.1 Application. 343b.2 Number of applications required. curred directly or through a parent as 343b.3 Interrogation. a result of the application of any of the 343b.4 Applicant outside of United States. following sections of law may, upon re- 343b.5 Verification of naturalization. quest, be returned to the person to 343b.11 Disposition of application. whom it was originally issued, not- AUTHORITY: 8 U.S.C. 1103, 1443, 1454, 1455. withstanding the fact that he or she has since been naturalized or repatri- § 343b.1 Application. ated in the United States or abroad: A naturalized citizen who desires to (a) Section 404 (b) or (c) of the Na- obtain recognition as a citizen of the tionality Act of 1940; United States by a foreign state shall

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submit an application on Form N–565. § 343b.4 Applicant outside of United He shall not be furnished with States. verification of his naturalization for If the application is received by a such purpose in any other way. An ap- Service officer stationed outside the plicant who is a claimant against a for- United States, he shall, when prac- eign government for property damage ticable, interrogate the applicant be- pursuant to the provisions of a peace fore the application is forwarded to the treaty shall not be requested to furnish district director in the United States the name, official title, and address of having jurisdiction over the applicant’s a foreign official unless such informa- place of residence for issuance of the tion is available when the investiga- certificate. When such interrogation is tion of the applicant is conducted. The not practicable, or is not conducted be- applicant shall be required to appear in cause the application is submitted di- person before an assigned officer for in- rectly to the Commissioner or a district director of the Service in the terrogation under oath or affirmation United States, the certificate may nev- upon the application. ertheless be issued and the rec- [32 FR 9636, July 4, 1967, as amended at 56 FR ommendation conditioned upon satis- 50502, Oct. 7, 1991] factory interrogation by a State De- partment representative. When for- § 343b.2 Number of applications re- warding the certificate in such a case, quired. the Secretary of State shall be in- A special certificate of naturaliza- formed that the applicant has not been tion is delivered to one foreign govern- interviewed, and requested to have his ment official only. An applicant who representative abroad interview the applicant regarding identity and possible desires recognition as a U.S. citizen by expatriation. If identity is not estab- more than one foreign official, whether lished or if expatriation has occurred, in the same country or not, must file a the request shall be made that the cer- separate application for each certifi- tificate be returned to the Service. cate required. [37 FR 7584, Apr. 18, 1972] [32 FR 9636, July 4, 1967] § 343b.5 Verification of naturalization. § 343b.3 Interrogation. The application shall not be granted When Form N–565 presents a prima without first obtaining verification of facie case, it shall be forwarded to the the applicant’s naturalization. district director, without first interro- [32 FR 9636, July 4, 1967] gating the applicant, for issuance of the certificate. Interrogation of the ap- § 343b.11 Disposition of application. plicant shall be conducted before the (a) Issuance of certificate. If the appli- application is forwarded if he appears cation is granted, a special certificate in person to file the application or if it of naturalization of Form N–578 shall is necessary in order to properly adju- be issued by the district director and dicate the case. In that event the offi- forwarded to the Secretary of State for cer interviewing the applicant will transmission to the proper authority of complete the report on page 2 of Form the foreign state. The district director N–565 before transmitting the applica- shall forward the original certificate tion to the district director. In all by letter, in triplicate, to the Sec- other cases the interview shall take retary of State, Attention: Office of place at any time before the certificate Citizens’ Consular Service, Department is transmitted to the State Depart- of State, Washington, DC 20520; forward ment (unless the applicant is abroad) the application and the duplicate certificate to the official Service file, and and the report completed after the send Form N–568 to the applicant. interview. (b) Application denied. If the applica- [32 FR 9636, July 4, 1967, as amended at 58 FR tion is denied, the applicant shall be 49917, Sept. 24, 1993] notified of the reasons therefor and of

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his right to appeal in accordance with PART 392—SPECIAL CLASSES OF the provisions of part 103 of this chap- PERSONS WHO MAY BE NATU- ter. RALIZED: PERSONS WHO DIE [23 FR 9126, Nov. 26, 1958 and 32 FR 9636, July WHILE SERVING ON ACTIVE DUTY 4, 1967, as amended at 36 FR 11636, June 17, WITH THE UNITED STATES ARMED 1971; 45 FR 38340, June 9, 1980] FORCES DURING CERTAIN PERI- ODS OF HOSTILITIES PART 343c—CERTIFICATIONS FROM RECORDS Sec. 392.1 Definitions. 392.2 Eligibility for posthumous citizenship. AUTHORITY: 5 U.S.C. 552 (80 Stat. 383); as 392.3 Application for posthumous citizen- amended by Pub. L. 93–502 (88 Stat. 1561); sec. ship. 103 Immigration and Nationality Act (66 392.4 Issuance of a certificate of citizenship. Stat. 173; 8 U.S.C. 1103). AUTHORITY: 8 U.S.C. 1103, 1440 and note, and 1440–1; 8 CFR part 2. § 343c.1 Application for certification of naturalization record of court or SOURCE: 56 FR 22822, May 17, 1991, unless certificate of naturalization or citi- otherwise noted. zenship. § 392.1 Definitions. An application for certification of a naturalization record of any court, or As used in this part: Active-duty status means full-time of any part thereof, or of any certifi- duty in the active military service of cate of naturalization, repatriation, or the United States, and includes full- citizenship, under section 343(e) of the time training duty, which constitutes Act for use in complying with any stat- qualifying service under section 329(a) ute, Federal or State, or in any judicial of the Act. Active service in the United proceeding, shall be made on Form G– States Coast Guard during one of the 641. periods of hostilities specified herein [40 FR 50703, Oct. 31, 1975] shall constitute service in the military, air, or naval forces of the United States. Active-duty status also in- PART 349—LOSS OF NATIONALITY cludes annual training duty and attendance, while in the active military AUTHORITY: Sec. 103, 66 Stat. 173; 8 U.S.C. service, at a service school designated 1103. Interprets or applies 401(i), 54 Stat. 1169; by the military authorities under 10 8 U.S.C. 801, 1946 ed. U.S.C. 101(22). The order of a national guardsman into active duty for train- § 349.1 Japanese renunciation of na- ing under 10 U.S.C. 672 constitutes serv- tionality. ice in active-duty status in the mili- A Japanese who renounced United tary forces of the United States. Active States nationality pursuant to the pro- duty in a noncombatant capacity is visions of section 401(i), Nationality qualifying service. Act of 1940, who claims that his renun- Decedent means the person on whose ciation is void, shall complete Form N– behalf an application for a certificate 576, Supplemental Affidavit to be Sub- of posthumous citizenship is made. Induction, enlistment, and reenlistment, mitted with Applications of Japanese refer to the decedent’s place of entry Renunciants. The affidavit shall be into active duty military service. submitted to the Assistant Attorney Korean Hostilities relates to the period General, Civil Division, Department of from June 25, 1950, to July 1, 1955, in- Justice, Washington, DC 20530, with a clusive. covering letter requesting a determina- Lodge Act means the Act of June 30, tion of the validity of the renunciation. 1950, which qualified for naturalization [32 FR 9636, July 4, 1967] nonresident aliens who served honorably for 5 years in the United States Army during specified periods, notwithstanding that they never formally

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became lawful permanent residents of tilities, or in other periods of military the United States. hostilities designated by the President Next-of-kin means the closest sur- under Executive Order; and, viving blood or legal relative of the de- (2) Died as a result of injury or dis- cedent in the following order of succes- ease incurred in or aggravated by serv- sion: ice in the United States Armed Forces (1) The surviving spouse; during a period of military hostilities (2) The decedent’s surviving son or listed in paragraph (a)(1) of this sec- daughter, if the decedent has no sur- tion. Where the person died subsequent viving spouse; to separation from military service, (3) The decedent’s surviving parent, if the death must have resulted from an the decedent has no surviving spouse or injury or disease that was sustained, sons or daughters; or, acquired, or exacerbated during active- (4) The decedent’s surviving brother duty service in a qualifying period of or sister, if none of the persons de- military hostilities as specified in this scribed in paragraphs (1) through (3) of part. this definition survive the decedent. (b) Qualifying enlistment. In conjunc- Other periods of military hostilities tion with the qualifying service as de- means any period designated by the scribed in paragraph (a)(1) of this sec- President under Executive Order as a tion, the decedent must have: period in which Armed Forces of the (1) Enlisted, reenlisted, or been in- United States are or were engaged in ducted in the United States, the Canal military operations involving armed Zone, American Samoa, or Swains Is- conflict with a hostile foreign force. land; Representative means: (1) The duly appointed executor or (2) Been lawfully admitted to the administrator of the decedent’s estate, United States for permanent residence, including a special administrator ap- at any time; or, pointed for the purpose of seeking the (3) Enlisted or reenlisted in the decedent’s naturalization; or, United States Army pursuant to the (2) The duly appointed guardian, con- provisions of the Lodge Act. In such servator, or committee of the dece- case, the decedent shall be considered dent’s next-of-kin; or, to have been lawfully admitted to the (3) A service organization listed in 38 United States as a permanent resident U.S.C. 3402, or chartered by Congress, for purposes of this section, provided or State, or other service organization he or she: recognized by the Department of Vet- (i) Entered the United States, its out- erans Affairs. lying possessions, or the Canal Zone, at Vietnam Hostilities relates to the pe- some time during the period of army riod from February 28, 1961, to October service, pursuant to military orders; 15, 1978, inclusive. and World War I relates to the period (ii) Was honorably discharged fol- from April 6, 1917, to November 11, 1918, lowing completion of at least 5 full inclusive. years of active duty service, even World War II relates to the period though the active-duty service may not from September 1, 1939, to December 31, have occurred during a qualifying pe- 1946, inclusive. riod of hostilities specified in section 329(a) of the Act. § 392.2 Eligibility for posthumous citi- (c) Character of military service. Where zenship. the character of military service is not (a) General. Any alien or noncitizen certified as honorable by the executive national of the United States is eligi- department under which the person ble for posthumous United States citi- served, or where the person was dishon- zenship who: orably discharged or discharged under (1) Served honorably in an active- conditions other than honorable, such duty status with the military, air, or service shall not satisfy the require- naval forces of the United States dur- ment of paragraph (a)(1) of this section. ing World War I, World War II, the Ko- (d) Certification of eligibility. (1) The rean Hostilities, the Vietnam Hos- executive department under which the

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decedent served shall determine wheth- must submit evidence of recognition by er: the Department of Veterans Affairs. (i) The decedent served honorably in Once the Service has granted post- an active-duty status; humous citizenship to a person, no sub- (ii) The separation from such service sequent applications on his or her be- was under honorable conditions; and, half shall be approved, nor shall any (iii) The decedent died as a result of additional original certificates be injury or disease incurred in, or aggra- issued, except in the case of an applica- vated by active duty service during a tion for issuance of a replacement cer- qualifying period of military hos- tificate for one lost, mutiliated, or de- tilities. stroyed. (2) The certification required by sec- (b) Filing of application. (1) An appli- tion 329A(c)(2) of the Act to prove mili- cation for posthumous citizenship shall be submitted by mail on Form N–644, tary service and service-connected according to the instructions on the death shall be requested by the appli- form, to the INS Service Center having cant on Form N–644, Application for jurisdiction over the applicant’s state Posthumous Citizenship. Form N–644 of residence. Persons residing outside shall also be used to verify the dece- the United States must mail their ap- dent’s place of induction, enlistment or plications to any one of the four Serv- reenlistment. ice Centers. § 392.3 Application for posthumous (2) Form N–644 must be accompanied citizenship. by the appropriate fee specified by and remitted in accordance with the provi- (a) Persons who may apply. (1) Only sions of § 103.7 (a) and (b) of this chap- one person who is either the next-of- ter. The fee may not be waived or re- kin or another representative of the de- funded. To facilitate the certification cedent shall be permitted to apply for process, a legible copy of each of the posthumous citizenship on the dece- following documents, if available, dent’s behalf. A person who is a next- should be submitted with Form N–644: of-kin who wishes to apply for post- (i) DD Form 214, Certificate of Re- humous citizenship on behalf of the de- lease or Discharge from Active Duty; cedent, shall, if there is a surviving (ii) DD Form 1300, Report of Cas- next-of-kin in the line of succession ualty/Military Death Certificate; or, above him or her, be required to obtain (iii) Other military or State-issued authorization to make the application death certificate. from all surviving next-of-kin in the (c) Application period for requesting line of succession above him or her. posthumous citizenship. Form N–644 The authorization shall be in the form shall be filed with the appropriate INS of an affidavit stating that the affiant Service Center not later than March 5, authorizes the requester to apply for 1992, or 2 years after the date of the posthumous citizenship on behalf of person’s death, whichever date is later. the decedent. The affidavit must in- (d) Denial of application. When the ap- clude the name and address of the affi- plication is denied, the applicant shall ant, and the relationship of the affiant be notified of the decision and the rea- to the decedent. son(s) for denial. There is no appeal (2) When there is a surviving next-of- from the denial of an application under kin, an application for posthumous this part. citizenship shall only be accepted from a representative provided authoriza- § 392.4 Issuance of a certificate of citi- tion has been obtained from all sur- zenship. viving next-of-kin. However, this re- (a) Approval of application. If the ap- quirement shall not apply to the execu- plication (Form N–644) is approved, the tor or administrator of the decedent’s director of the Service Center shall estate. In the case of a service organi- issue a Certificate of Citizenship, Form zation acting as a representative, au- N–645, to the applicant, in the name of thorization must also have been ob- the decedent. tained from any appointed representa- (b) Delivery of certificate. Delivery of tive. A veterans service organization the Certificate of Citizenship shall be

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made by registered mail to the address (e) Replacement certificate. An applica- designated by the applicant. If the ap- tion for a replacement Certificate of plicant resides outside the United Citizenship (Form N–645) shall be made States, the certificate shall be sent by on Form N–565, Application for a New registered mail to the Service office Naturalization or Citizenship Paper, abroad, if one is located where delivery for a lost, mutilated, or destroyed cer- is to be made; otherwise, it shall be for- tificate. Form N–565 shall be completed warded to the nearest American Em- according to the instructions on the bassy or Consulate. form and submitted by mail with the (c) Effective date of citizenship. Where appropriate fee to the INS Service Cen- the Service has approved an Applica- ter having jurisdiction over the appli- tion for Posthumous Citizenship (Form cant’s state of residence. Persons resid- N–644), the decedent shall be considered ing outside the United States must a United States citizen as of the date of mail their application to the Service his or her death. Center that issued the original certificate. (d) Ineligibility for immigration benefits. The granting of posthumous citizenship under section 329A of the Immi- PART 499—NATIONALITY FORMS gration and Naturalization Act, as amended, and issuance of a certificate AUTHORITY: 8 U.S.C. 1103; 8 CFR part 2. under paragraph (a) of this section, shall not entitle the surviving spouse, § 499.1 Prescribed forms. parent, son, daughter, or other relative The forms listed below are prescribed of the decedent to any benefit under for use in compliance with the provi- any provision of the Act. Nor shall sions of subchapter C of this chapter. such grant make applicable the provi- To the maximum extent feasible, the sions of section 319(d) of the Act to the forms used should bear the edition date surviving spouse. shown or a subsequent edition date.

Form No. Edition date Title and description

M–288 ...... 12–30–87 ...... United States History 1600–1987, Level II. M–289 ...... 12–31–87 ...... United States History 1600–1987, Level I. M–290 ...... 01–01–90 ...... U.S. Government Structure, Level II. M–291 ...... 12–31–87 ...... U.S. Government Structure, Level I. M–302 ...... 03–16–89 ...... For the People * * *, U.S. Citizenship Education and Natu- ralization Information. M–303 ...... 03–16–89 ...... By the People * * *, U.S. Government Structure. M–304 ...... 03–16–89 ...... Of the People * * *, U.S. History 1600–1988. N–3 ...... 01–30–83 ...... Requisition for Forms and Binders. N–4 ...... 12–14–93 ...... Monthly Report—Naturalization Papers Forwarded. N–300 ...... 10–01–91 ...... Application to File Declaration of Intention. N–335 ...... 10–24–91 ...... Decision on Application for Naturalization. N–336 ...... 10–24–91 ...... Request for Hearing on a Decision in Naturalization Pro- ceedings under section 336 of the Act. N–400 ...... 07–17–91 ...... Application for Naturalization. N–404 ...... 08–01–65 ...... Request for Withdrawal of Petition for Naturalization. N–410 ...... 09–07–89 ...... Motion for Amendment of Petition (application). N–425 ...... 02–12–82 ...... Notice to Petitioner of Proposed Recommendation of Denial of Petition for Naturalization. N–426 ...... 05–12–77 ...... Request for Certification of Military or Naval Service. N–445 ...... 01–08–92 ...... Notice of Naturalization Oath Ceremony. N–455 ...... 04–11–91 ...... Application for Transfer of Petition for Naturalization. N–459 ...... 12–15–58 ...... Authorization to Clerk of Court to Correct Certificate of Natu- ralization. N–470 ...... 04–11–91 ...... Application to Preserve Residence for Naturalization Purposes. N–472 ...... 04–05–82 ...... Notice of Approval of Application to Preserve Residence. N–480 ...... 02–05–68 ...... Naturalization Petitions Recommended to be Granted (and) Order of Court Granting Petitions for Naturalization. N–481 ...... 09–20–67 ...... Naturalization Petitions Recommended to be Granted (Continu- ation Sheet). N–484 ...... 02–05–68 ...... Naturalization Petitions Recommended to be Denied (and) Order of Court Denying Petitions for Naturalization. N–485 ...... 02–05–68 ...... Naturalization Petitions Recommended to be Granted (on behalf of children) (and) Order of Court Granting Petitions for Naturalization. N–550 ...... 06–30–91 ...... Certificate of Naturalization.

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Form No. Edition date Title and description

N–565 ...... 11–18–93 ...... Application for Replacement Naturalization/Citizenship Docu- ment. N–578 ...... 10–03–62 ...... Special Certificate of Naturalization. N–600 ...... 04–11–91 ...... Application for Certificate of Citizenship. N–643 ...... 05–10–93 ...... Application for Certificate of Citizenship on Behalf of an Adopt- ed Child. N–644 ...... 05–30–91 ...... Application for Posthumous Citizenship. N–645 ...... 07–01–90 ...... Certificate of Citizenship. N–646 ...... 01–03–92 ...... Naturalization Applicants Eligible to be Administered Oath of Al- legiance. N–646A ...... 01–03–92 ...... Naturalization Applicants Eligible to be Administered Oath of Al- legiance (Continuation Sheet). N–647 ...... 01–15–92 ...... Oath of Allegiance and Certificate Accountability List. N–647A ...... 01–15–92 ...... Oath of Allegiance and Certificate Accountability List (Continu- ation Sheet). N–648 ...... 02–04–99 ...... Medical Certification for Disability Exceptions.

[59 FR 25561, May 17, 1994, as amended at 61 FR 47801, Sept. 11, 1996; 62 FR 12924, Mar. 19, 1997; 64 FR 7993, Feb. 18, 1999]

PART 507—ALIEN TERRORIST Against Torture and Other Cruel, Inhu- REMOVAL PROCEDURES man or Degrading Treatment or Pun- ishment, subject to any reservations, understandings, declarations, and pro- AUTHORITY: Pub. L. 105–277, 112 Stat. 2681. visos contained in the United States SOURCE: 64 FR 8496, Feb. 19, 1999, unless Senate resolution of ratification of the otherwise noted. Convention, as implemented by section 2242 of the Foreign Affairs Reform and § 507.1 Eligibility for Protection under Restructuring Act of 1998, Pub. L. 105– the Convention Against Torture. 277. Convention-based claims by aliens A removal order under Title V of the subject to removal under this Title Act shall not be executed in cir- shall be determined by the Attorney cumstances that would violate Article General, in consultation with the Sec- 3 of the United Nations Convention retary of State.

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