AUTHORITY: The provisions of this Part 329 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 329, 332, 402 (e), 66 Stat. 250, 252, 276; 8 U.S.C. 1440 and note, 1443. SOURCE: The provisions of this Part 329 appear at 23 F.R. 5819, Aug. 1, 1958. § 329.1 World War I. For the purpose of section 329 of the act, World War I commenced on April 6, 1917, and ended on November 11, 1918. § 329.2 Petition. A person of the class described in section 329 or 402(e) of the act shall submit an application to file a petition for naturalization on Form N-400. The certification required by section 329 (b) (4) of the act to prove service shall be requested by the applicant on Form N-426. in triplicate, and submitted to the Service with Form N-400. The petition for naturalization shall be filed on Form N-405, in duplicate, in any naturalization court, regardless of the residence of the petitioner. There shall be inserted after averment 10 of Form N-405, at the time of filing thereof, an averment as follows: A person of the class described in section 330 (a) (1) of the act shall submit an application to file a petition for naturalization on Form N-400 and supplemental Form N-400B. The petition for naturalization shall be filed on Form N405, in duplicate, in a naturalization court having jurisdiction over the petitioner's place of residence. There shall be attached to and made a part of the original and duplicate petition for naturalization at the time of filing an affidavit of the petitioner on Form N-421, in duplicate, sworn to before the clerk of court or an officer of the Service fully describing the vessel or vessels on which the petitioner has served and the periods of service. The duly authenticated copies of the records or certificates described in section 330(a)(1) of the act shall be accepted as proof of good moral character, attachment to the principles of the Constitution, and favorable disposition to the good order and happiness of the United States for that portion of the service performed within the period of five years immediately preceding the date of the petition. (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interprets or applies secs. 330, 332, 66 Stat. 251, 252; 8 U.S.C. 1441, 1443) [23 F.R. 5819, Aug. 1, 1958] PART 332-PRELIMINARY INVESTIGATION OF APPLICANTS FOR NATURALIZATION AND WITNESSES Sec. 332.11 Investigation preliminary to filing petition for naturalization. 332.13 Use of record of preliminary investigation. 332.14 Notice of proposed recommendation of denial; findings, conclusion, and recommendation. AUTHORITY: The provisions of this Part 332 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 332, 335, 66 Stat. 252, 255; 8 U.S.C. 1443, 1446. SOURCE: The provisions of this Part 332 appear at 22 F.R. 9816, Dec. 6, 1957, unless otherwise noted. § 332.11 Investigation preliminary to filing petition for naturalization. (a) Scope of investigation. Whenever practicable, each applicant for naturalization and his witnesses shall appear in person before an officer of the Service authorized to administer oaths, prior to the filing of a petition for naturalization, and give testimony under oath concerning the applicant's mental and moral qualifications for citizenship, attachment to the principles of the Constitution, and disposition to the good order and happiness of the United States, the qualifications of the witnesses, and the other qualifications to become a naturalized citizen as required by law. The investigation shall be uniform throughout the United States. During the interrogation of the applicant and at his request, his attorney, or representative who has filed an appearance in accordance with Part 292 of this chapter may be permitted to be present and observe the interrogation and make notes without otherwise participating therein. During the interrogation of the applicant and his witnesses and at the applicant's request, his attorney or representative who has filed an appearance in accordance with Part 292 of this chapter may be permitted to be present and observe the interrogation and make notes without otherwise participating therein. (b) Conduct of investigation. The Service officer, prior to the beginning of the investigation, shall make known to the applicant and the witnesses the official capacity in which he is conducting the investigation. The applicant and such witness shall be questioned under oath separately and apart from one another and apart from the public. The applicant shall be questioned as to each assertion made by him in his application to file a petition and in any supplemental form. Whenever necessary, the written answers in the forms shall be corrected by the officer to conform to the oral statements made under oath. The Service officer, in his discretion, may have a stenographic transcript made, or prepare affidavits covering testimony of the applicant or witnesses. The questions to the applicant and the witnesses shall be repeated in different form and elaborated, if necessary, until the officer conducting the investigation is satisfied that the person being questioned fully understands them. At the conclusion of the investigation all corrections made on the application form and supplements thereto shall be consecutively numbered and recorded in the space provided therefor in the applicant's affidavit contained in the form. The affidavit shall then be subscribed and sworn to by the applicant and signed by the Service officer. The witnesses shall be questioned to develop their own credibility and competency as well as the extent of their personal knowledge of the applicant's qualifications to become a naturalized citizen. If the applicant is excepted from the requirement of reading and writing, and speaking English, the questioning, including the examination of the applicant's knowledge and understanding of the Constitution, history, and form of Government of the United States, may be conducted through an interpreter. [22 F.R. 9816, Dec. 6, 1957, as amended at 23 F.R. 2673, Apr. 23, 1958; 25 F.R. 13686, Dec. 24, 1960] § 332.13 Use of record of preliminary investigation. The record of the preliminary investigation, including the executed and corrected application form and supplements thereto, affidavits, transcripts of testimony, documents, and other evidence, shall, in those cases in which a preliminary examination is to be held under Part 335 of this chapter, be submitted to the examiner designated to conduct such examination, for his use in examining the petitioner and witnesses. In those cases in which no preliminary examination is held the recommendation to the naturalization court shall be based upon the record of the preliminary investigation and such other evidence as may be available. § 332.14 Notice of proposed recommendation of denial; findings, conclusion, and recommendation. In those cases in which the recommendation to the court is for denial of the petition, and no preliminary examination under Part 335 of this chapter is held, an officer of the Service shall, as soon as practicable after the preliminary investigation has been concluded, prepare a memorandum in behalf of the Service in the manner described in § 335.12 of this chapter, and subject to review by the regional commissioner for presentation to the court at the final hearing. The petitioner shall be given written notice on Form N-425 advising him of the recommendation which will be made to the court and the specific reasons therefor. The notice and a copy of the memorandum shall be sent the petitioner by certified mail, return receipt requested, after review of the recommendation by the regional commissioner, if made, and at least thirty days prior to final hearing. The hearing before the court may be held less than thirty days after such notification if the petitioner agrees thereto. Sec. PART 332a-OFFICIAL FORMS 332a.1 332a.2 332a.11 332a.12 Official forms essential to exercise of jurisdiction. Official forms prescribed for use of clerks of naturalization courts. Initial application for official forms. Subsequent application for official forms. 332a.13 Alteration of forms of petitions or applications for naturalization. AUTHORITY: The provisions of this Part 332a issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 310, 332, 66 Stat. 239, 252; 8 U.S.C. 1421, 1443. SOURCE: The provisions of this Part 332a appear at 22 F.R. 9817, Dec. 6, 1957, unless otherwise noted. § 332a.1 Official forms essential to exercise of jurisdiction. Before exercising jurisdiction in naturalization proceedings, the naturalization court shall direct the clerk of such court upon written application to obtain from the Service, in accordance with section 310(c) of the Immigration and Nationality Act, proper forms, records, books, and supplies required in naturalization proceedings. Such jurisdiction may not be exercised until such official forms, records, and books have been supplied to such court. Only such forms as are supplied shall be used in naturalization proceedings. Where sessions of the court are held at different places, the judge of such court may require the clerk to obtain a separate supply of official forms, records and books for each such place. § 332a.2 Official forms prescribed for use of clerks of naturalization courts. The following described forms only shall be used by clerks of courts having naturalization jurisdiction, in the exercise of such jurisdiction: |