of petitioning parent signing)". A naturalized person whose petition was signed by him in a foreign language may sign his certificate of naturalization in the same manner. [22 F.R. 9825, Dec. 6, 1957, as amended at 25 F.R. 10495, Nov. 2, 1960] § 338.16 Correction of certificates. Whenever a certificate of naturalization has been delivered which does not conform to the facts shown on the petition for naturalization, or a clerical error was made in preparing the certificate, an application on Form N-458 may be made by the naturalized person to the district director exercising jurisdiction over the place in which the court is located to authorize the correction of the certificate. If the district director finds that a correction is justified and can be made without mutilating the certificate, he shall authorize the clerk of the issuing court on Form N-459, in duplicate, to make the necessary correction and to place a dated endorsement on the reverse of the certificate, over his signature and the seal of the court, explaining the correction. The authorization shall be filed with naturalization record, the corrected certificate returned to the naturalized person and the duplicate Form N-459 shall be endorsed to show the date and nature of the correction and endorsement made, and returned to the district director. No fee shall be charged the naturalized person for the correction. The district director shall forward such duplicate to the official Service file. When a correction would or does result in mutilation of a certificate, the district director may authorize the clerk of court, with the consent of the naturalized person, to issue without fee a new certificate from his supply, upon surrender of the incorrect certificate and submission of photographs. The surrendered certificate shall be marked "Spoiled" and transmitted to the district director with the duplicate copy of the new certificate attached to the monthly report of the clerk on Form N-4. The original of the new certificate shall be delivered to the naturalized person. [22 F.R. 9825, Dec. 6, 1957, as amended at 24 F.R. 2584, Apr. 3, 1959] 339.4 Binding of naturalization records. 339.5 Numbering and indexing and filing of petitions for naturalization and declarations of intention. AUTHORITY: The provisions of this Part 339 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 332, 339, 344, 66 Stat. 252, 259, 264; 8 U.S.C. 1443, 1450, 1455. SOURCE: The provisions of this Part 339 appear at 22 F.R. 9825, Dec. 6, 1957, unless otherwise noted. § 339.1 Administration of oath to declarations of intention and petitions for naturalization. It shall be the duty of every clerk of a naturalization court to administer the required oath to each applicant for a declaration of intention. The clerk shall receive and file petitions and administer the required oaths to each petitioner and the witnesses to each petition, unless such petitioner and witnesses have executed the petition before a designated examiner. § 339.2 Monthly reports. Clerks of court shall on the first day of each month submit to the district director having administrative jurisdiction over the place in which the court is located, a report on Form N-4, in duplicate, listing all declarations of intention and petitions for naturalization filed and all certificates of naturalization issued or spoiled during the preceding month, in accordance with the instructions contained in Form N-4. When at any time during the month the aggregate number of petitions and declarations filed reaches 100 the clerk shall on request of the district director forthwith forward such reports in accordance with the provisions of this section. The report shall be accompanied by all duplicate copies of de clarations of intention and applications therefor on Forms N-300; by all duplicates of petitions for naturalization not previously delivered to a representative of the Service, and all duplicates of certificates of naturalization with stubs intact. The clerk of court shall show opposite the number of each petition in which the petitioner is exempt from payment of a naturalization fee under section 344 (h) of the Immigration and Nationality Act the letter "M". Opposite the name of each such case and at the bottom of the petition, the notation "No fee" shall be inserted. Void petitions shall be listed separately on Form N-4 and on Form N-7 and so indicated on such forms. § 339.3 Relinquishment of naturalization jurisdiction. Whenever a court relinquishes naturalization jurisdiction, the clerk of court shall, within ten days following the date of relinquishment, furnish the district director having administrative jurisdiction over the place in which the court is located, a certified copy of the order of court relinquishing jurisdiction. A representative of the Service shall thereafter examine the naturalization records in the office of the clerk of court and shall bind and lock them. The clerk of court shall return all unused forms and blank certificates of naturalization to the district director with his monthly report on Form N-4. § 339.4 Binding of naturalization records. Whenever a volume of petitions for naturalization, applications to take the oath of allegiance, declarations of intention, orders of court, or other documents affecting or relating to the naturalization of persons is completed, it shall be bound and locked by the clerk of court. PART 340-REVOCATION OF § 340.11 Reports. Whenever it appears that any grant of naturalization may have been illegally procured or procured by concealment of a material fact or by willful misrepresentation, the facts shall be reported to the district director having jurisdiction over the naturalized person's last known place of residence in the United States. If the district director is satisfied that a prima facie showing has been made that grounds for revocation exist, he shall report the facts in writing to the regional commissioner with a recommendation as to whether revocation proceedings should be instituted. If it appears that naturalization was procured in violation of section 1425 of Title 18 of the United States Code, the facts in regard thereto may be presented by the district director to the appropriate United States Attorney for possible criminal prosecution. (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [29 F.R. 2740, Feb. 27, 1964] A person who claims to have derived United States citizenship through the naturalization of a parent or parents or through the naturalization or citizenship of a husband, or who claims to be a citizen at birth outside the United States under the provisions of any of the statutes or acts specified in section 341 of the Act, or who claims to be a citizen at birth outside the United States under the provision of section 309 (c) of the Act, shall apply for a certificate of citizenship on Form N-600. If the application is granted, a certificate of citizenship shall be issued and the applicant shall, unless he is too young to understand the meaning thereof, take and subscribe to, before an officer or employee of the Service authorized to administer oaths, the oath of renunciation and allegiance prescribed by Part 337 of this chapter. Thereafter, delivery of the certificate shall be made to the applicant, or to his parent or guardian, either personally or by certified mail, and the recipient's signed receipt therefor shall be obtained. If the application is denied, the applicant shall be notified of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interprets or applies secs. 309, 332, 333, 337, 341, 344, 66 Stat. 238, 252, 254, 258, 263, 264; 8 U.S.C. 1409, 1443, 1444, 1448, 1452, 1455) [23 F.R. 9125, Nov. 26, 1958] If it shall appear to a district director that a person has illegally or fraudulently obtained or caused to be created a certificate, document, or record described in section 342 of the Act, a notice shall be served upon the person of intention to cancel the certificate, document, or record. The notice shall contain allegations of the reasons for the proposed action and shall advise the person that he may submit, within 60 days of service of the notice, an answer in writing under oath showing cause why the certificate, document, or record should not be cancelled, that he may appear in person before a naturalization examiner in support of, or in lieu of his written answer, and that he may have present at that time, without expense to the Government, an attorney or representative qualified under Part 292 of this chapter. In such proceedings the person shall be known as the respondent. [29 F.R. 5511, Apr. 24, 1964] § 342.2 Service of notice. (a) Service. The notice required by § 342.1 shall be served personally by an employee of the Government by delivery to the respondent, or by delivery to a person of suitable age and discretion at the respondent's dwelling house or usual place of abode, or by mailing to the respondent's last known address by registered or certified mail, return receipt requested. (b) Proof of service. The post office return receipt, or the certificate of the employee serving the notice by personal delivery, setting forth the date and manner of service, shall constitute proof of service. In the case of a mentally incompetent respondent or a child under 14 years of age, service shall be made upon his guardian, near relative or friend, and the person so served shall be permitted to appear on behalf of the respondent. [29 F.R. 5511, Apr. 24, 1964] § 342.3 Allegations admitted; no answer filed; no personal appearance requested. If the answer admits all material allegations in the notice, or if no answer is filed within the 60-day period or any extension thereof and no personal appearance is requested within such period or periods, it shall be deemed to authorize the district director, without further notice to respondent, to find the facts to be as alleged in the notice and to cancel the certificate, document, or record. No appeal shall lie from such decision. Written notice of the decision shall be served upon the respondent with demand for surrender of the certificate, document, or record forthwith. § 342.4 Answer asserting defense; personal appearance requested. |