§ 316a.1 Absence for which benefits of section 307(b) or 308 of the Nationality Act of 1940 have been granted; effect on continuous residence requirement. (c) The applicant shall be notified of the approval of the application on Form N-472 and, if the application is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. [22 F.R. 9813, Dec. 6, 1957, as amended at 31 F.R. 14629, Nov. 17, 1966] PROCEEDINGS § 318.1 Warrant of arrest. For the purposes of section 318 of the act, an order to show cause issued under Part 242 of this chapter shall be regarded as a warrant of arrest. No absence from the United States which commenced prior to the effective date of the Immigration and Nationality Act, whether or not it continued beyond that date, in connection with which an PART 318-PENDING DEPORTATION application for exemption from the usual residence requirements under the naturalization laws was made under section 307 (b) or 308 of the Nationality Act of 1940 and acted upon favorably by the Attorney General, shall be regarded as having broken the continuity of residence required by section 316 (a) of the Immigration and Nationality Act, provided that satisfactory proof that the absence was for a purpose described in section 307 (b) or 308 of the Nationality Act of 1940, is presented to the court, and provided that the provisions of section 316 (a) of the Immigration and Nationality Act are otherwise complied with. [22 F.R. 9813, Dec. 6, 1957] § 316a.21 Application for benefits with respect to absences; appeal, (a) An application for the residence benefits of section 316(b) of the Immigration and Nationality Act to cover an absence from the United States for a continuous period of one year or more shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein. The application shall be filed either before or after the applicant's employment commences but before the applicant has been absent from the United States for a continuous period of one year. There shall be submitted with the application a fee of $10.00. (b) An application for the residence and physical presence benefits of section 317 of the Immigration and Nationality Act to cover any absences from the United States, whether before or after December 24, 1952, shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein, either before or after the absence from the United States, or the performance of the functions or the services described in that section. There shall be submitted with the application a fee of $10.00. (Secs. 103, 242, 318, 332, 66 Stat. 173, 208, as amended, 244, 252; 8 U.S.C. 1103, 1252, 1429, 1443) [22 F.R. 9813, Dec. 6, 1957] PART 319-SPECIAL CLASSES OF PER- Sec. 319.1 319.2 Person living in marital union with 319.11 Procedural requirements. AUTHORITY: The provisions of this Part 319 issued under secs. 103, 319, 332, 66 Stat. 173, 244, 252; 8 U.S.C. 1103, 1430, 1443. SOURCE: The provisions of this Part 319 appear at 22 F.R. 9813, Dec. 6, 1957. § 319.1 Person living in marital union with United States citizen spouse. A person of the class described in section 319(a) of the Immigration and Nationality Act shall establish his good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition to the good order and happiness of the United States for the period of three years immediately preceding the date of filing the petition and from that date to the time of admission to citizenship. § 319.2 Person whose United States citizen spouse is employed abroad. A person of the class described in section 319(b) of the Immigration and Nationality Act shall establish an intention in good faith, upon naturalization, to reside abroad with the United States citizen spouse and to take up residence in the United States immediately upon the termination of the employment abroad of such spouse. It shall be established that at the time of filing of the petition for naturalization such person was in the United States pursuant to a lawful admission for permanent residence and that he is a person of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States. § 319.11 Procedural requirements. A person described in §§ 319.1 and 319.2 shall submit to the Service an application to file a petition for naturalization on Form N-400 in accordance with the instructions contained therein. The petition for naturalization of such person shall be filed on Form N-405, in duplicate. 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] PART 324-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: WOMEN WHO HAVE LOST UNITED STATES CITIZENSHIP BY MARRIAGE Sec. 324.11 Former citizen at birth or by naturalization. 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. 324.13 Women restored to United States citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940. 324.14 Former citizen of the United States whose naturalization by taking the oath is authorized by a private law. 324.15 Certificate by examiner when petitioner is entitled to an immediate hearing. AUTHORITY: The provisions of this Part 324 issued under secs. 103, 324, 332, 337, 405, 66 Stat. 173, 246, 252, 258, 280; 8 U.S.C. 1103, 1435, 1443, 1448, 1101 note. § 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 13 of Form N-405 at the time of the filing an averment of the petitioner's loss of citizenship as follows: (If petition filed under section 324(a)) I was formerly a citizen of the United States who lost citizenship by or through marriage to an alien. I have not acquired another nationality by an affirmative act other than by marriage. If not lawfully admitted for permanent residence, I have resided continuously in the United States since the date of my marriage. [31 F.R. 14078, Nov. 3, 1966, as amended at 31 F.R. 14629, Nov. 17, 1966] § 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, abroad, 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 ciitzen 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] § 324.15 Certificate by examiner when petitioner is entitled to an immediate hearing. The officer or employee conducting the preliminary investigation shall execute a certificate of examination on Form N-440, in duplicate, for attachment to the original and duplicate petitions for naturalization filed under section 324(a) of the Act. [25 F.R. 13686, Dec. 24, 1960] 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 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 13 a Form N-405 at the time of the filing an averment of the petitioner's loss of citizenship, as follows: (If petition filed under section 327) While a citizen of the United States, I entered the armed forces of (country) whereby I lost my U.S. citizenship by reason of entering or serving in such armed forces or by taking an oath or obligation in connection therewith. Upon naturalization, two copies of the original petition for naturalization containing the oath of allegiance duly attested and certified by the clerk, shall be forwarded by the clerk to the district director. The district director shall file one copy with the service record and transmit the other copy to the Department of State. The petitioner shall pay to the clerk of the naturalization court at the time of filing the petition a fee of 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. [23 F.R. 5819, Aug. 1, 1958, as amended at 31 F.R. 14078, Nov. 3, 1966] 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. [23 F.R. 5819, Aug. 1, 1958, as amended at 31 F.R. 14078, Nov. 3, 1966] 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. 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. (Secs. 103, 330, 332, 66 Stat. 173, 251, 252; 8 U.S.C. 1103, 1441, 1443) [23 F.R. 5819, Aug. 1, 1958, as amended by 31 F.R. 14078, Nov. 3, 1966] 332.11 Investigation preliminary to filing petition for naturalization. 332.13 Use of record of preliminary investigation. AUTHORITY: The provisions of this Part 332 issued under secs. 103, 332, 335, 66 Stat. 173, 252, 255; 8 U.S.C. 1103, 1443, 1446. § 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 appli The cant 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. 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] |