336.17

tionnaire.

Substitution of witnesses.

AUTHORITY: The provisions of this Part 336 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 332, 335-337, 66 Stat. 252, 255, 257, 258; 8 U.S.C. 1443, 14461448.

§ 336.11 Notice to Service; personal representation of Government at naturalization proceedings.

At least 30 days prior to the holding of any naturalization proceedings referred to in section 336 (d) of the act, the clerk of the naturalization court shall give written notice to the appropriate district director of the time, date, and place of such proceedings. Such notice may be waived by the district director. Final naturalization hearings or other naturalization proceedings shall, whenever practicable, be attended personally by naturalization examiners or other members of the Service, who shall present to the court the views and recommendations of the designated examiner and the regional commissioner as appropriate. A Service officer shall personally attend every final hearing at which a petition or formal application for naturalization is to be recommended for denial. If the recommendation of the regional commissioner does not agree with that of the designated examiner, a member of the Service other than the person who conducted the preliminary examination shall, wherever practicable, represent the Service before the court. Such representative may cross-examine the petitioner and his witnesses and may call other witnesses and produce evidence concerning any matter affecting the petitioner's eligibility for naturaliza

tion. When necessary, the representative in attendance shall have a stenographic report made of the testimony. [23 F.R. 5820, Aug. 1, 1958]

§ 336.12

Written report in lieu of personal representation.

If a preliminary investigation or preliminary examination has been conducted pursuant to Part 332 or Part 335 of this chapter, and it is impracticable thereafter for a Service representative to be present at the final naturalization hearing, written notice of that fact shall be given by the Service to the court. The petitions set down for hearing shall be listed on the appropriate forms prescribed by § 336.13. If continuance of the petition is desired, the basis therefor shall be set forth. The forms and memoranda shall be transmitted to the clerk of court, who shall submit the appropriate lists and orders to the court in accordance with the procedure described in § 336.13.

[23 F.R. 5821, Aug. 1, 1958]

§ 336.13

Preparation of lists and orders of court for presentation at final hearing.

(a) At or prior to the final naturalization hearing the representative attending the hearing shall submit to the court lists and orders of court, in duplicate, on Forms N-480, N-480A, N-481, N-485, N-485A, N-490, or N-492, as appropriate, for petitions recommended to be granted; on Form N-483 for petitions recommended to be continued; and on Forms N-484, N-484A, N-486, N-486A, N-491, or N-493, as appropriate, for petitions recommended to be denied. The regional commissioner's list on Form N492 or N-493, as appropriate, shall be signed by the district direction. After the final hearing, and after any required amendments therein have been made, the presiding judge shall sign the orders of the court.

(b) In any case in which a petitioner is not permitted to take the oath of allegiance until a fixed date following a general election, the order of court granting the petition shall be amended by striking therefrom the words "and each having taken the oath of allegiance required by the naturalization laws and regulations" and inserting immediately following the word "America" the words "as of the date of and upon the taking

33-570 O-65-10

of the oath of allegiance required by the naturalization laws and regulations at a date subsequent to ----- 19__." Following the taking of the oath of allegiance after a general election, pursuant to such amended order, the clerk of court shall prepare a list, in duplicate, on Form N-489, certifying that such oath was taken.

(c) When the court does not waive the taking of the oath of allegiance in the case of a child, the order of court granting the petition shall be amended by changing the word "waived" to "taken”.

(d) The originals of all court orders and lists specified in this section shall be filed permanently in the court, and the duplicates forwarded by the clerk of court to the appropriate field office of the Service for retention by such office. The same disposition shall be made of any list presented to, but not approved by, the court.

[22 F.R. 9823, Dec. 6, 1957, 22 F.R. 9520, Nov. 28, 1957]

§ 336.14

Presentation of recommendations of designated examiner and the regional commissioner at final hearing.

At the final hearing or prior thereto, in addition to the lists prepared under § 336.13, there shall be presented to the court and made a part of the record in the case, the memoranda of the designated examiner and the regional commissioner prepared pursuant to the provisions of Part 332 or Part 335 of this chapter.

[22 F.R. 9824, Dec. 6, 1957]

§ 336.15 Final hearing: sickness or dis

ability of petitioner; investigation. Whenever it appears that a petitioner for naturalization may be unable, because of sickness or other disability, to appear in open court for final hearing upon his petition for naturalization, the

district director shall cause an investigation to be conducted to determine the circumstances and shall report the condition of the petitioner to the clerk of court for the purpose of aiding the court to determine whether another place for the final hearing shall be designated. The report shall show whether the sickness or other disability is of a nature which so incapacitates the person as to prevent him from appearing in open court.

[22 F.R. 9824, Dec. 6, 1957]

§ 336.16 Final hearing: waiver of 30day period.

A petitioner for naturalization may request the district director, in writing, to waive the thirty-day period following the filing of the petition referred to in section 336 (c) of the Immigration and Nationality Act. Such request may be made at any time after an application to file a petition for naturalization has been filed with the Service. The district director shall cause a full and complete investigation to be conducted and if such investigation satisfactorily establishes that such waiver will be in the public interest and will promote the security of the United States, he may, in his discretion, grant the waiver.

[22 F.R. 9824, Dec. 6, 1957, as amended at 24 F.R. 2584, Apr. 3, 1959]

PART 337-OATH OF ALLEGIANCE

Sec.

337.1 337.2

337.3

Oath of allegiance.

Persons naturalized by Judicial action; effective date.

Renunciation of title or order of nobility. 337.11 Oath of renunciation and allegiance; sickness or disability of petitioner. AUTHORITY: The provisions of this Part 337 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 322, 323, 332, 337, 66 Stat. 246, 252, 258; 8 U.S.C. 1433, 1434, 1443, 1448.

SOURCE: The provisions of this Part 337 appear at 22 F.R. 9824, Dec. 6, 1957, unless otherwise noted.

(a) Form of oath. Except as otherwise provided in the Immigration and Nationality Act, a petitioner or applicant for naturalization shall, before being admitted to citizenship, take in open court the following oath of allegiance, to which he shall affix his signature on his petition or application for naturalization:

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, of whom or 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; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.

(b) Alteration of form of oath. In those cases in which a petitioner or applicant for naturalization is exempt from taking the oath prescribed in paragraph (a) of this section in its entirety, the inapplicable clauses shall be deleted and the oath shall be taken in such altered form.

(c) Obligations of oath. A petitioner or applicant for naturalization shall, before being naturalized, establish that it is his intention, in good faith, to assume and discharge the obligations of the oath of allegiance, and that his attitude toward the Constitution and laws of the

United States renders him capable of fulfilling the obligations of such oath. [22 F.R. 9824, Dec. 6, 1957, as amended at 24 F.R. 2584, Apr. 3, 1959]

§ 337.2 Persons naturalized by judicial action; effective date.

Any person who was or shall hereafter be admitted to citizenship by the written order of a naturalization court, shall be deemed to be a citizen of the United States as of the date of taking the prescribed oath of allegiance. Whenever a waiver of such oath is granted by the court in the case of a child naturalized under section 322 or 323 of the Immigration and Nationality Act, the child shall become a citizen of the United States as of the date of such waiver.

§ 337.11

Oath of renunciation and allegiance; sickness or disability of petitioner.

Whenever it appears that a petitioner for naturalization may be unable because of sickness or other disability to take the oath of allegiance in open court, the district director shall cause an investigation to be conducted to determine the circumstances, and shall report the condition of the petitioner to the naturalization court for the purpose of aiding the court to determine whether the oath may be taken at another place. The report shall show whether the sickness or other disability is of a nature which so incapacitates the person as to prevent him from appearing in open court.

Sec.

PART 338-CERTIFICATE OF NATURALIZATION

338.11 Execution and issuance.

338.12

Endorsement in changed.

338.13 Spoiled certificate.

338.14 Delivery of certificates. 338.15 Signing of certificate. 338.16 Correction of certificates.

AUTHORITY: The provisions of this Part 338 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 322, 323, 332, 333, 336, 338, 339, 66 Stat. 246, 252, 253, 257, 259; 8 U.S.C. 1433, 1434, 1443, 1444, 1447, 1449, 1450.

SOURCE: The provisions of this Part 338 appear at 22 F.R. 9824, Dec. 6, 1957, unless otherwise noted.

§ 338.11

Execution and issuance.

When a petitioner for naturalization has duly taken and subscribed to the oath of allegiance and a final order admitting petitioner to citizenship has been duly signed by the court, a certificate of naturalization shall be issued by the clerk of the court on Form N-550, in duplicate. The certificates and the stub of the original thereof shall be signed by the petitioner. The certificate shall show under "former nationality" the name of the country of which the petitioner was last a citizen, as shown in the petition, even though petitioner may have been stateless at the time of admission to citizenship. The clerk or his deputy shall endorse the alien registration number on the stubs of the certificates, shall sign the certificates in his own handwriting, and enter on the stubs all the essential facts set forth in the certificates. Both copies of the certificate, including the stubs, shall be prepared in one operation on a typewriter with the use of carbon paper. Photographs shall be affixed to the original and duplicate certificates in the manner provided by Part 333 of this chapter. The stub of the original shall be removed and retained by the clerk of court and filed in an upright card file, or in a three by five inch card drawer. The original certificate shall be delivered to the petitioner. The duplicate copies of the certificates shall not be separated from their stubs and shall be forwarded to the appropriate office of the Immigration and Naturalization Service with all other duplicate papers in accordance with Part 339 of this chapter.

§ 338.12 Endorsement in case name is changed.

Whenever the name of a petitioner has been changed by order of court as a part of a naturalization, the clerk of court shall make, date, and sign the following endorsement on the reverse side of the original 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 stubs of the original and duplicate certificate. The certificate of naturalization shall be issued and the stub of the original thereof signed by the petitioner in the name as changed.