NATURALIZATION REGULATIONS.

(These Regulations supersede those of August 20, 1918)

DEPARTMENT OF LABOR,

OFFICE OF THE SECRETARY,

WASHINGTON, December 19, 1914.

1. Since September 26, 1906, naturalization jurisdiction of State courts is confined to such as have "a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited."

2. Any alien who prior to September 27, 1906, has declared his intention in conformity with the law in force at the date of his declaration, shall not be required to renew such declaration.

3. Aliens who lawfully declared their intention on and after June 29, 1906, and prior to September 27, 1906, must comply with all of the requirements of the naturalization act of June 29, 1906, in petitioning for naturalization, with the expection that those arriving prior to June 29, 1906, are not required to furnish certificates of arrival.

Aliens who declared their intention prior to June 29, 1906, in accordance with the requirements of law, must comply with all of the requirements of the naturalization act of June 29, 1906, in petitioning for naturalization, except that they will not be required to file certificates of arrival, sign their petitions in their own handwriting, or to speak the English language.

4. Any alien who declares his intention after June 29, 1906, and files his petition thereon, must sign said petition in his own handwriting, and must be able to speak the English language, unless excepted by the provisos in section 8 of the naturalization act. If an alien is physically unable to speak, that fact should be stated in his petition in lieu of the statement, "I am able to speak the English language." Aliens who arrive in the United States before reaching 18 years of age can not obtain citizenship without making declaration of intention, which may be made in a court having naturalization jurisdiction over the place of their established residence after reaching that age.

5. Blank forms "Facts for declaration of intention" (Form 2213) and "Facts for petition for naturalization" (Form 2214) are provided clerks of courts for the preliminary use of persons making declaration of intention or petition for naturalization, and may be taken away from the office of the clerk in order that the information called for may be obtained in full. When either of said forms is returned to the clerk he shall examine it to see that all the information required is furnished before proceeding to make out a declaration or petition.

In all cases where aliens have arrived in this country after June 29, 1906, they should be given the form "Application for certificate of arrival," Form 2226, at the time they desire to file petitions for naturalization instead of Form 2214. This application has attached to it the facts required in a petition for naturalization. The application and other blanks on the form should all be carefully filled out by the alien and mailed with his triplicate declaration of intention to the Commissioner of Naturalization to enable him to obtain and transmit the required certificate of arrival (Form 526 or 526a) to the clerk of court for filing with the petition. The clerk of the court should not commence the execution of the petition until he has received the certificate of arrival prescribed by this regulation. The certificate of arrival will contain

its serial number in the upper right-hand corner, which the clerk of the court will insert in the petition for naturalization at the place indicated.

6. Declarations of intention will be furnished in bound volumes (Form 2202, 50 leaves; 2202A, 150 leaves; or 2202B, 250 leaves) as a court record, varied in number of pages according to the requirements of the court. In addition to the bound records, the duplicate and triplicate declarations of intention (Form> 2203) will be furnished as loose sheets attached together and perforated so that they can be readily torn apart, the triplicate to be given to the declarant and the duplicate to be forwarded to the Bureau of Naturalization. Each bound record will contain an index in addition to the original declarations of intention, and will be paged in consecutive order. At the time the original declarations of intention in the bound volumes are filled out and signed the names of the declarants must be entered in the index. The declarations shall be numbered consecutively, beginning with No. 1 in volume 1 and continuing the sequence from volume to volume.

7. The originals of the petitions for naturalization will also be furnished in bound volumes (Form 2204, 100 leaves, or 2204B, 250 leaves) paged in consecutive order and provided with an index. The duplicate petitions (Form 2205) will be furnished as loose sheets, and when executed must be forwarded to the Bureau of Naturalization by registered mail, as provided in rule 22 of these regulations. The original petitions for naturalization in the bound volumes must be filled out and signed, the names of the petitioners entered in the index, and retained as part of the permanent records of the office in which filed. Petitions shall be numbered consecutively, beginning with No. 1 in volume 1 and continuing in order in the following volumes. The first petition in volume 2 must not be numbered "1," but shall receive the number following that given the last petition in volume 1.

8. Certificates of naturalization (Form 2207) will be supplied in bound volumes consisting of original and duplicate certificates and stubs. Each original and duplicate certificate and the stub will be given the same serial number, the stub to the original certificate bearing a page number in addition to its serial number. The original certificate will be given to the petitioner in accordance with the final order of the court, and the duplicate shall be forwarded to the Bureau of Naturalization by registered mail, as provided in rule 22 of these regulations, the stub to the original constituting a part of the permanent records of the court. The bound volumes containing the declarations, petitions, and certificates constitute the "records" and dockets required by sections 6 and 14 of the naturalization act. The department requires no other dockets to be kept.

9. No certificate of naturalization shall be issued to a petitioner until after the judge of the court granting naturalization has signed the order to that effect.

10. Clerks of courts will be furnished with requisition blanks (Form 2201) on which are listed, by number and title, all blank forms, including record and order books, to be used in the naturalization of aliens, and these forms must be obtained exclusively from the Bureau of Naturalization, Department of Labor, none other being official. Manila envelopes or jackets (Form 2211) will be furnished to clerks in which to place the triplicate declaration of intention or the original certificate of naturalization before delivering it to the person making the declaration or to the person naturalized.

11. The first supply of blank forms will be furnished upon the written appliIcation of the clerks of courts having jurisdiction to naturalize aliens, accompanied, in the case of clerks of State courts., by authoritative evidence (preferably the certificate of the attorney general of the State) that the courts of which such clerks are officers have "a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited." Subsequent supplies of such blank forms will be furnished the

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clerks of courts having jurisdiction to naturalize aliens upon the receipt by the Bureau of Naturalization of requisitions made on Form 2201.

12. Clerks of courts when first making application to the Bureau of Naturali. zation for the supplies of the blank forms required in the naturalization of aliens shall state whether any declarations of intention have been filed or orders of naturalization made by their courts since September 26, 1906. They should also state the number of certificates of naturalization issued by the court since June 1, 1903, if such certificates fail to comply with the require ments of the immigration act of March 3, 1903.

13. Where the same court holds sessions at different places, whether a clerk is appointed at each of said places or the one clerk is required to transact the business of the court wherever it may sit, separate supplies shall be kept, in order to comply with the requirements of section 14 of the naturalization act, which provides that the bound declarations of intention and of petitions for naturalization shall be in chronological order.

14. In every case in which the name of a naturalized alien is changed by order of court, as provided in section 6, the clerk of the court is required to report both the original and the new name of the said person to the Bureau of Naturalization when transmitting to it the duplicate of the certificate of naturalization of the alien whose name is changed.

15. On the first working day of each month the clerk shall inform the Bureau of Naturalization on Form 2209 of the date of posting notice on Form 2206, as required by section 5, and of the day, month, and year, as near as may be, for the final hearing of each and every petition for naturalization filed and posted during the preceding month. These reports on Form 2209 must specify only the petitions filed in the month to which the report relates and no others. In continued cases notice on Form 2206 must be amended to show the postponed date and remain posted until final action is had.

16. On the first working day of each month following the sitting of a court in naturalization cases the clerk of such court shall forward to the Bureau of Naturalization on Form 2210 a list containing the name of each and every alien who, during such sitting of court, has been denied naturalization and shall state the reason or reasons for such denial.

17. Applications for lost or destroyed naturalization papers issued prior to September 27, 1906, should be disposed of in accordance with the rules in force in the court at the time of the issuance of the papers.

The following rule applies exclusively to naturalization papers issued since September 26, 1906:

Applications for the issuance of declarations of intention (Form 2203) or certificates of naturalization (Form 2207) in lieu of declarations of intention or certificates of naturalization claimed to have been lost or destroyed shall be submitted in affidavit form to the clerk of the court by which any such declarations of intention or certificates of naturalization were originally issued, and shall contain full information in regard to the lost or destroyed papers, and as to the time, place, and circumstances of such alleged loss or destruction. (Form 2225 prepared for this purpose may be obtained from the clerk of any naturalization court.) The clerk shall forward to the Bureau of Naturalization the above-mentioned applications, together with such information as he may have bearing upon the merits thereof, for investigation, and no such paper so applied for shall be issued until the Bureau of Naturalization reports the results of its investigation as to the merits of the application.

In every case in which the clerk of the court issues, in accordance with the foregoing, a declaration of intention (Form 115) or a certificate of naturalization (Form 2207) upon proof of the loss or destruction of the original, he shall make an entry on the original declaration showing the issuance of a certified copy, or on the stubs of both the new and the old certificates of naturalization, showing the issuance of a new certificate, giving the numbers of the new and

old certificates, and shall immediately thereafter forward to the Bureau of Naturalization the duplicate of any such paper so issued.

One certified copy of declaration of intention (Form 2215) or certificate of naturalization (Form 2216) may be furnished by the clerk of the issuing court under his hand and the seal of the court for the use only of the person concerned to establish his citizenship status in connection with any entry under the public-land laws of the United States. When issued these forms must be made in duplicate, one to be given to the person applying therefor and the duplicate forwarded with other naturalization papers on the first working day of the succeeding month to the Bureau of Naturalization. Unless the applicant presents to the clerk his original declaration or certificate for comparison, these forms can under no conditions be issued. In case the alien makes a second land entry he may support his second entry by describing the first land claim with which his declaration or certificate is filed.

The fees to be collected for the issuance of each of the copies of declarations of intention and of certificates of naturalization described in this regulation, and the disposal to be made of such fees when collected, will be determined in accordance with the law and the rules in force in the respective courts. No part of these fees is required to be forwarded to this department. Clerks are, however, required to make quarterly reports, on Form 2217, on the first working day of January, April, July, and October, of the number of such papers issued during the preceding quarter.

18. Original declarations of intention, or certificates of naturalization, issued subsequent to September 26, 1906, and surrendered to the General Land Office in support of entries upon public land, may be returned upon proper application. In cases of declarations of intention the clerk will forward the application to the Bureau of Naturalization, accompanied by a certified copy on Form 2215. In cases of certificates, the application will be accompanied by a personal description of the applicant. In both instances a description of the land should be included, giving the section, township. and range, together with the date and place of making the entry. The originals will then be procured from the General Land office and returned to the clerk of the court.

19. For recording the affidavits of substituted witnesses under section 5 of the act of June 29, 1906, blank forms (Form 2218) have been prepared as pasters to be affixed to the backs of petitions in the bound volume, following the "Order of court admitting petitioner." Copies of this form may be procured by the usual requisition (Form 2201). Do not send copies of this form to the Bureau of Naturalization.

20. Aliens making declarations of intention, or filing petitions for naturalization, must sign their names in full and without abbreviation in the appropriate places on the various blank forms, and the entries of their names by the clerk must correspond in every particular. Where a name contains an initial which is used only to distinguish one individual from another with the same surname, that fact should be noted on the paper.

21. Clerks of courts shall not receive declarations of intention (Form 2202) or file petitions for naturalization (Form 2204) from other aliens than white persons and persons of African nativity or of African descent. Any alien, other than a Chinese person, who claims that he is a white person in the sense in which that term is used in section 2169 Revised Statutes, should be allowed, if he insists upon it after an explanation is made showing him the risk of denial, to file his declaration or his petition, as the case may be, leaving the issue to be determined by the court.

Declarations should not be received from, nor petitions for naturalization filed by, persons not residing in the judicial district within which the court is held.

22. On the first working day of each and every month, and not otherwise, clerks of courts shall forward to the Bureau of Naturalization duplicates of all declarations of intention, petitions for naturalization, and certificates of

naturalization filed or issued during the preceding month. Duplicate petitions for naturalization and duplicate certificates of naturalization shall be for. warded by registered mail; and duplicate declarations of intention as well as other papers may be inclosed therewith provided the combined weight of the documents does not exceed 4 pounds, otherwise they shall be forwarded sepa rately by unregistered mail. The same course should be followed in forward. ing to the bureau naturalization papers which have been returned for cor. rection. Each clerk making a shipment of naturalization papers other than papers returned for correction is required to forward therewith a report on Form 2208 showing the number of such papers filed or issued during the month reported. Where petitions for naturalization have been filed the report on Form 2209 showing the approximate dates of final hearings shall also be inclosed with such shipment. When no naturalization business has been transacted during any month it is unnecessary to render monthly reports to that effect, but report should be made as prescribed in rule 23.

23. All fees provided for in section 13 of the act of June 29, 1906, shall be accounted for on the "Abstract of collections" (Form 2212) within thirty days after the close of each quarter of a fiscal year. These quarters end September 30, December 31, March 31, and June 30, respectively. One-half of all moneys so collected, up to $6,000, and all in excess thereof, shall be remitted to the Commissioner of Naturalization, Bureau of Naturalization, with said quarterly account, such remittance to be made payable to the order of the Secretary of Labor, preferably by draft. The Comptroller of the Treasury has decided that section 13 requires the collection of the final fee of $2 whether the certificate of naturalization be issued or denied.

In cases where no naturalization business is transacted during any quarter, Form 2212 shall be forwarded as aforesaid with the words "No transactions noted thereon.

24. (a) Where a petition for naturalization is filed under section 2166 Revised Statutes, exempting honorably discharged soldiers from the necessity for filing declarations of intention and proving more than one year of residence in the United States in addition to good moral character, insert in lieu of the information regarding declaration of intention: "Petitioner is an honorably discharged soldier and applies for citizenship under section 2166 Revised Statutes. He enlisted in the (name of organization) on the (day, month, and year)." Complete the petition according to paragraph (d) of this rule.

(b) Where an alien files his petition for naturalization under the act of July 26, 1894, and claims exemption from the necessity for filing a declaration of intention on account of service in the United States Navy or Marine Corps, the words having reference to declaration of intention in the petition should be struck through and in lieu thereof the following inserted: Petitioner is

an honorably discharged member of the Navy (or member of the Marine Corps, if that be the case) and applies for citizenship under the act of July 26, 1894. He enlisted on the (day, month, and year) and was discharged on the (day, month, and year)." Each enlistment of the applicant and his discharge therefrom should be shown. Complete the petition according to paragraph (d) of this rule.

(c) Where an alien files petition for naturalization under the act of June 30, 1914, the words having reference to declaration of intention in the petition should be struck through, and in lieu thereof the following should be inserted: "Petitioner is an honorably discharged member of the (Navy, Marine Corps, Revenue-Cutter Service, or naval auxiliary service, as the case may be) and applies for citizenship under the act of June 30, 1914. He enlisted in the (state the branch of the service) on the day, month, and year) and was discharged (day, month, and year)." Each enlistment of the applicant should be shown. The petition should be completed according to paragraph (d) of this rule.

(d) In executing petitions under the three foregoing exemptions, that por tion of the last paragraph preceding the signature of the petitioner relating to the declaration of intention and certificate of arrival should be struck