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An application to file a petition for naturalization under section 322 or 323 of the Act in behalf of a child shall be submitted on Form N-402. The petition for naturalization shall be filed on Form N-407, in duplicate. A child under this part is not required to establish any particular period of residence in a state. A United States citizen adoptive parent of the class described in section 323 (c) of the Immigration and Nationality Act shall establish an intention in good faith, upon naturalization, to have the beneficiary child reside abroad with the United States citizen adoptive parent and to take up residence in the United States immediately upon the termination of the service or employment abroad of such adoptive citizen parent.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [27 F.R. 7710, Aug. 4, 1962]

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§ 324.11

Former citizen at birth or by naturalization.

A former citizen of the United States of the class described in section 324(a) of the act shall submit an application to file a petition for naturalization on Form N-400 and supplemental Form N-400A. The petition for naturalization of such person shall be filed on Form N-405, in duplicate. There shall be inserted after averment 10 of Form N-405 at the time of the filing an averment of the petitioner's loss of citizenship, as follows:

I was formerly a citizen of the United States by

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§ 324.12 A woman, citizen of the United States at birth, who lost or is believed to have lost citizenship by marriage and whose marriage has terminated. A woman, formerly a citizen of the United States at birth, who applies in the United States to regain her citizenship under section 324 (c) of the act, shall submit a preliminary application to take the oath of allegiance on Form N-401. The eligibility of the applicant to take the oath shall be investigated by a member of the Service who shall make an appropriate recommendation to the naturalization court. The application to the court shall be made on Form N-408, in triplicate. The original shall be retained as a part of the court record and numbered consecutively in a separate series, and the duplicate forwarded to the appropriate district director with duplicates of other naturalization papers. After the applicant has taken the oath of allegiance, the clerk of court shall furnish the applicant, upon demand, the triplicate copy of Form N-408, properly certified, for which a fee not exceeding $5.00 may be charged. No charge shall be made by the clerk of court for the filing of Form N-408. If the applicant does not demand the triplicate Form N-408, it shall be transmitted to the appropriate district director with the duplicate thereof. The oath of allegiance may be taken before any diplomatic or consular officer of the United States, aboard, in accordance with such regulations as may be prescribed by the Secretary of State.

[23 F.R. 5819, Aug. 1, 1958]

§ 324.13

Women restored to United States citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940.

A woman who was restored to citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940, but who failed to take the oath of allegiance prescribed by the naturalization laws prior to December 24, 1952, may take the oath of allegiance prescribed by Part 337 before any naturalization court on or after December 24, 1952. woman shall comply with the procedural requirements of § 324.12 except that a fee not exceeding $1.00 may be charged if the woman demands the triplicate copy of Form N-408, properly certified. [22 F.R. 9814, Dec. 6, 1957]

Such

§ 324.14 Former citizen of the United States whose naturalization by taking the oath is authorized by a private law.

A former citizen of the United States whose naturalization by taking the oath prescribed in section 337 of the Immigration and Nationality Act before any naturalization court is authorized by a private law shall submit to the Service a preliminary application on Form N401. The application to the court shall be made on Form N-408, in triplicate, amended as set forth in § 332a.13 of this chapter. A copy of the private law shall be attached to Form N-408. The provisions of § 324.12 relating to fees and the disposition of Form N-408 apply equally to a proceeding under this section.

[23 F.R. 2673, Apr. 23, 1958]

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A former citizen of the United States of the class described in section 327 of the act shall submit an application to file a petition for naturalization on Form N-400 and supplemental Form N-400A. The petition for naturalization of such person shall be filed on Form N-405, in duplicate, with supplemental Form N405A in triplicate, in any naturalization court. The original of Form N-405A shall be retained as part of the court record. After the oath of allegiance has been taken by the petitioner, the duplicate and triplicate copies of Form N405A, bearing a copy of the oath duly attested and certified by the clerk, shall be forwarded by the clerk to the appropriate district director. The district director shall file the duplicate copy with the Service record and transmit the triplicate copy to the Department of State. The petitioner shall pay to the clerk of the court of the naturalization court at the time of filing the petition a fee of $10, unless exempted therefrom under section 344 (h) of the act.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interprets or applies secs. 327, 332, 344, 66 Stat. 248, 252, 264; 8 U.S.C. 1438, 1443, 1455) [23 F.R. 5819, Aug. 1, 1958]

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A person of a class described in section 328(a) of the act, whose service in the armed forces of the United States aggregating three years has been continuous, shall establish that he is in the United States pursuant to a lawful admission for permanent residence, whether or not such admission occurred before or after service in the armed forces, if the petition is filed within six months after termination of such service. Such person shall establish his good moral character, attachment to the principles of the Constitution, and favorable disposition to the good order and happiness of the United States, from the date of termination to the date of his admission to citizenship.

[24 F.R. 2584, Apr. 3, 1959]

§ 328.2 Service not continuous.

A person of the class described in section 328 (c) of the act whose service aggregating three years was not continuous shall establish the qualifications prescribed in that section during the periods when not serving in the armed forces by the affidavits and testimony of at least two United States citizen verifying witnesses.

§ 328.3 Petition.

A person of the class described in section 328 of the act shall submit an application to file a petition for naturalization on Form N-400. The duly authenticated copies of the records and the certified statements of the executive departments described in section 328 of the act shall be requested by the applicant on Form N-426, in triplicate, and submitted to the Service with Form N-400. A person of the class described in § 328.1 or § 328.2 may file his petition for naturalization in any naturalization court, regardless of his place of residence. The petition for naturalization shall be filed on Form N-405, in duplicate. There shall be inserted after averment 10 of Form N-405 at the time of the filing thereof, a description of the petitioner's service, as follows:

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