such certificate shall be disposed of as provided in §§ 71.5-71.7.*† (Secs. 9, 12, 34 Stat. 599; 8 Ü.S.C. 398, 400) [8-A-2] 77.3 Change of name; endorsement made by clerk on certificate. Where the name of the petitioner has been changed by order of court as a part of the naturalization, the clerk shall make, date, and sign the following endorsement on the reverse side of the origi nal and duplicate of the certificate of naturalization: "Name changed by decree of court from as a part of the naturalization", inserting in full the original name of the petitioner. A similar notation shall be made on the stub of the original certificate. The certificate of naturalization shall be issued and the stub thereof signed according to the name as changed.*t (Sec. 6, 34 Stat. 598; 8 U.S.C. 396) [8-B-1, 2] - 77.4 Oath of allegiance required by the naturalization laws. Before an applicant for naturalization may be admitted to citizenship and a certificate of naturalization issued, the applicant shall take in open court and subscribe to the following oath of allegiance: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to of whom (which) I have heretofore been a subject (or citizen); that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely without any mental reservation or purpose of evasion: So help me God. In acknowledgment whereof I have hereunto affixed my signature."* (Sec. 4 (3), 34 Stat. 597; 8 U.S.C. 381) [8-C-1] 77.5 Renunciation of title or order of nobility; when part of oath. In case the applicant for naturalization has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he shall add to the oath of allegiance taken by him whichever of the following declarations is appropriate: "I further renounce the title of (give title or titles) which I have heretofore held." Or, "I further renounce (give order of nobility) of which I have heretofore been a member."*t (Sec. 4 (5), 34 Štat. 598; 8 U.S.C. 386) [8-C-2] 77.6 Orders listed granting or denying_petitions; forms; disposition. There shall be furnished by the Immigration and Naturalization Service loose leaf sheets Form 2228, "Citizenship Petitions Granted", and Form 2229, "Citizenship Petitions Denied", for use in making lists of petitions in the various naturalization courts on which to enter orders granting or denying petitions, respectively, in those courts where the fourteenth subdivision of section 4 of the Act of June 29, 1906, as amended (44 Stat. 709; 8 U.S.C. 399a), is not in effect. Such forms shall be prepared in triplicate and dated, the original and duplicate copies for the signature of the court. The original lists, after being dated and signed by the court, will be bound in covers to be furnished by the Commissioner of Immigration_and Naturalization, and retained as a part of the permanent records of the court. The duplicate and triplicate copies of the lists will be **For statutory and source citations, see note to § 77.1. Page 201 transmitted by the clerk of court to the proper district director or divisional director immediately after each final hearing for which they were prepared. The triplicate lists will be retained by the district director or divisional director and the duplicates forwarded to the Central Office.*t (Sec. 9, 34 Stat. 599; 8 U.S.C. 398) [8-D-1] PART 78-THE VIRGIN ISLANDS OF THE UNITED STATES 78.1 Renunciation of Danish allegiance. 78.4 Naturalization laws applicable to 78.2 Form and procedure for renouncing alien residents of Virgin Islands. Danish allegiance. 78.3 Citizenship in United States; when acquired; certificate not author ized. Section 78.1 Renunciation of Danish allegiance. Under the last clause of subdivision (a) of section 1, Act of February 25, 1927 (44 Stat. 1234; 8 U.S.C. 5b), any former Danish citizen who desires to make declaration to renounce the Danish allegiance he has preserved may do so in any court of record, regardless of whether it is authorized to exercise naturalization jurisdiction.**tt [9-A-1] **88 78.1 to 78.4, inclusive, issued under the authority contained in sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. ††The source of §§ 78.1 to 78.4, inclusive, is Naturalization rules and regulations, I&NS, Dec. 1, 1936. 78.2 Form and procedure for renouncing Danish allegiance. The form for the declaration of renunciation of Danish citizenship should be designed and prescribed by the court of record in which the Danish citizen desires to proceed. The usual procedural requirements of the Act of June 29, 1906, as amended, do not apply to cases under section 1 (a), Act of February 25, 1927 (44 Stat. 1234; 8 U.S.C. 5b). The fee in connection with the proceeding will be fixed by the court or the clerk thereof according to the law or rules of court regulating and prescribing fees in the particular court, and no accounting therefor is required to be made to the Immigration and Naturalization Service.** [9-A-2] 78.3 Citizenship in United States; when acquired; certificate not authorized. Immediately upon making the declaration of renunciation before a court of record of the preserved Danish allegiance theretofore retained, the declarant will become a United States citizen. No certificate of naturalization or of citizenship shall be issued to any person obtaining, or who has obtained, citizenship under section 1 of the Act of February 25, 1927 (44 Stat. 1234, 47 Stat. 336; 8 U.S.C. 5b), conferring citizenship upon certain inhabitants of the Virgin Is lands.** [9-A-3, 4] 78.4 Naturalization laws applicable to alien residents of Virgin Islands. Aliens residing in the Virgin Islands of the United States who are desirous of becoming naturalized must comply in all respects with the provisions of the general naturalization laws.**†† [9-B-1] Page 202 [202] *For statutory and source citations, see note to § 77.1. ***For statutory and source citations, see note to § 78.1. PART 79-NATURALIZATION PAPERS REPLACED; NEW CERTIFICATE IN CHANGED NAME; VALIDATION OF CERTAIN CERTIFICATES Sec. 79.1 Replacement of a lost, mutilated, or destroyed naturalization paper. 79.2 Changed name; new certificate of citizenship issued. 79.3 Application for new papers; forms; procedure; fees. 79.4 Application for new papers; surrender of old; investigation; proof required. Sec. 79.5 New papers; by whom issued; forms; numbering. 79.6 Validation of certificates of naturalization granted veterans ineligible because of race; procedure. Section 79.1 Replacement of a lost, mutilated, or destroyed naturalization paper. An alien whose declaration of intention, or a naturalized citizen (regardless of the date of the naturalization), whose certificate of naturalization has been lost, mutilated, or destroyed, may apply for a new declaration or certificate in lieu thereof. Such application shall be made on Form 2600.*t (Sec. 9, 45 Stat. 1515; 8 U.S.C. 399b (a)) [10-A-1] *§§ 79.1 to 79.6, inclusive, issued under the authority contained in sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. The source of §§ 79.1 to 79.6, inclusive, is Naturalization rules and regulations, I&NS, Dec. 1, 1936. 79.2 Changed name; new certificate of citizenship issued. A naturalized citizen whose name has been changed after naturalization, by order of court or by marriage, may apply for a new certificate of citizenship in the changed name. Such application shall be made on Form 2600-A.*+ (Sec. 4, 47 Stat. 165; 8 U.S.C. 399b (c)) [10-A-2] 79.3 Application for new papers; forms; procedure; fees. The applicant shall fill out properly, sign, make oath to, and forward the required application to the district director having administrative supervision over the territory in which the applicant resides. The application shall be accompanied by two photographs of the applicant in accordance with Part 74. An application on Form 2600 shall also be accompanied by the statutory fee of one dollar, except that no fee is required of an applicant who was an alien veteran as defined in section 1 of the Act of May 26, 1926 (44 Stat. 654; 8 U.S.C. 241). An application on Form 2600-A shall be accompanied by the statutory fee of five dollars. The required fee shall be in the form of a money order made out "Payable to the order of the Commissioner of Immigration and Naturalization, Washington, D. C."* (Sec. 9, 45 Stat. 1515, sec. 4, 48 Stat. 597, sec. 4, 47 Stat. 165, sec. 2, 48 Stat. 597; 8 U.S.C. 399b (a), (c)) [10-A-3] 79.4 Applications for new papers; surrender of old; investigation; proof required. A most thorough investigation shall be made by the Service of the facts before the application is forwarded to the Central Office. The officer making the investigation will satisfy himself that the applicant is the individual to whom the naturalization record relates and, in the case of an alleged lost, mutilated, or destroyed **For statutory and source citations, see note to § 79.1. Page 203 paper, that such paper is beyond recovery, and that it has not been and will not be put to any illegal or improper use. All mutilated naturalization papers shall be surrendered to the Service. In the case of an application for a new certificate in a changed name, the application shall be accompanied by appropriate documentary evidence of such change. Every applicant for a certificate under 88 79.1-79.5, will be required to satisfy the Service that he has not expatriated himself subsequent to the date he claims to have acquired United States citizenship. (Sec. 9, 45 Stat. 1515, sec. 4, 47 Stat. 165; 8 U.S.C. 399b (a), (c)) [10-A4] 79.5 New papers; by whom issued; forms; numbering. If the application be approved, the new naturalization paper shall be issued by the Commissioner of Immigration and Naturalization, and not by the clerk of court. Any new declaration of intention shall be upon Form 2601 or 2602 and any new certificate of naturalization or of citizenship upon Form 2603 or 2603-A. A new paper issued under 88 79.1-79.5, shall be numbered to correspond with the number of the paper which it replaces. Certificates issued to evidence. naturalizations which occurred prior to September 27, 1906, shall be consecutively numbered, the number being preceded by the letters "OL."* (Sec. 9, 45 Stat. 1515, sec. 4, 47 Stat. 165; 8 U.S.C. 399b (a), (c)) [10-A-5] 79.6 Validation of certificates of naturalization granted veterans ineligible because of race; procedure. Any alien veteran eligible to be naturalized under section 1, Act of June 24, 1935 (49 Stat. 397; 8 U.S.C., Sup., 392e), to whom a certificate of naturalization was granted and issued by a naturalization court, notwithstanding the racial limitations contained in R.S. 2169 (8 U.S.C. 359), or section 14, Act of May 6, 1882 (22 Stat. 61; 8 U.S.C. 363), prior to June 24, 1935, may apply to the Commissioner of Immigration and Naturalization to have such certificate of naturalization validated insofar as concerns his race. Application for such validation shall be made on Form No. 2900 and submitted to the district director within whose jurisdiction the applicant resides. Upon its receipt the district director shall cause the application to be investigated with care to determine whether the applicant is the individual who was naturealized, and whether his certificate of naturalization is one which. may be validated under the terms of such Act of 1935. The investigation must include, among other things, a personal interrogation of the applicant and available witnesses. The application, certificate of naturalization, any sworn statements and other supporting evidence shall be submitted to the Central Office with the district director's recommendation, for official verification of the applicant's service with the armed forces and for stamping the certificate with a declaration of its validity under the Act of June 24, 1935, if found to be within the terms of section 2 of said Act.*t (Sec. 2, 49 Stat. 398; 8 U.S.C., Sup., 392f) [10-B-1] Page 204 **For statutory and source citations, see note to § 79.1. Sec. PART 80-DERIVATIVE CITIZENSHIP Sec. 80.1 Application for certificate; proce- 80.3 Certificate; by whom issued; mandure; form; fee. ner of delivery; oath; receipt. 80.2 Investigation of applicants for cer tificate; proof required. Section 80.1 Application for certificate; procedure; form; fee. Any individual in the United States over 21 years of age who claims to have derived United States citizenship through the naturalization of a parent, or a husband, and who desires to secure a certificate evidencing such citizenship shall fill out properly, sign, make oath to, and forward application Form No. 2400 to the district director having administrative supervision over the territory in which the applicant resides. This form shall be accompanied by two photographs of the applicant in accordance with Part 74, and the statutory fee of five dollars in the form of a money order, made out "Payable to the order of the Commissioner of Immigration and Naturalization, Washington, D. C." (Sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356: interprets sec. 9, 45 Stat. 1515, sec. 5, 47 Stat. 166, sec. 2, 48 Stat. 597; 8 U.Ŝ.C. 399c (a)) [11-A-1, Nat. R. & Regs., Dec. 1, 1936] 80.2 Investigation of applicants for certificate; proof required. The application (Form 2400) must present a prima-facie case. If it does not do so, it shall be immediately returned by the field service to the applicant with information as to the defects, and the fee accounted for as hereinafter required. The verification of the arrival of the applicant will be made in the usual manner. The verification of the facts of naturalization, if on or after September 27, 1906, will be made by communicating with the Central Office. If prior to that date, verification of naturalization will be made by the field service through personal inspection of the court records. After verification of the facts of arrival and naturalization, each such application on Form 2400 shall be investigated with the utmost care and thoroughness. This investigation must include, among other things, a personal interrogation of the applicant and any relatives or other necessary witnesses, the most searching investigation to establish the authenticity of birth, marriage, or other records, and the establishment of identity. The applicant and any persons testifying in support of the application shall first be sworn, then interrogated, and the result of the examination reduced to writing in question and answer form. Upon conclusion of the field investigation, the examiner who conducts it shall submit to the district director through the usual channels his report on Form 2401, containing a separate finding upon each essential point involved in the application, accompanied by the application (Form 2400), the two photographs, and any other necessary papers, all of which shall be transmitted by the district director to the Central Office. Every applicant for a certificate under this part will be required to satisfy the Service that he has not expatriated himself subsequent to the date he claims to have acquired United States citizenship. (Sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356: interprets sec. 9, 45 Stat. 1515, sec. 5, 47 Stat. 166; 8 U.S.C. 399c (a)) [11-B-1] Page 205 |