U.S. citizenship by reason of entering or serving in such armed forces by or 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 the petition is filed a fee of $25, unless the petitioner is exempt therefrom under section 344(h) of the Immigration and Nationality Act or has been granted a waiver of the fee under the provisions of § 103.7(c) of this chapter. (Secs. 103, 327, 332, 344, 66 Stat. 173, 248, 252, 264; 8 U.S.C. 1103, 1438, 1443, 1455) [31 FR 14079, Nov. 3, 1966, as amended at 31 FR 14629, Nov. 17, 1966; 37 FR 14289, June 19, 1972] § 328.1 Continuous service. 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 termi nation to the date of his admission to citizenship. [24 FR 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 citizens verifying witnesses. [23 FR 5819, Aug. 1, 1968] § 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. The petition shall be verified by at least two United States citizens witnesses, as provided in § 334.21 of this chapter. [23 FR 5819, Aug. 1, 1958, as amended at 31 FR 14078, Nov. 3, 1966] PART 329-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: VETERANS OF THE UNITED STATES ARMED FORCES WHO SERVED DURING WORLD WAR I OR WORLD WAR II OR ENLISTED UNDER ACT OF JUNE 30, 1950, AS AMENDED Sec. 329.1 World War I. 329.2 Petition. § 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. (Secs. 103, 329, 332, 402(e), 66 Stat. 173, 250, 252, 276; 8 U.S.C. 1103, 1440 and note, 1443) [23 FR 5819, Aug. 1, 1958) § 329.2 Petition. certification 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 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. (Secs. 103, 329, 332, 402(e), 66 Stat. 173, 250, 252, 276; 8 U.S.C. 1103, 1440 and note; 1443) [23 FR 5819, Aug. 1, 1958, as amended at 31 FR 14078, Nov. 3, 1966] PART 330-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SEAMEN § 330.1 Petition. 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 N-405, 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 preceeding the date of the petition. (Secs. 103, 330, 332, 66 Stat. 173, 251, 252; 8 U.S.C. 1103, 1441, 1443) [23 FR 5819, Aug. 1, 1958, as amended by 31 FR 14078, Nov. 3, 1966] PART 332-PRELIMINARY INVESTIGATION OF APPLICANTS FOR NATURALIZATION AND WIT NESSES Sec. 332.11 Investigation preliminary to filing petition for naturalization. 332.13 Use of record of preliminary investigation. § 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 or affirmations, prior to the filing of a petition for naturalization, and give testimony under oath or affirmation 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 witnesses shall be questioned under oath or affirmation separately and apart from one another and apart from the public. The applicant shall be questioned as to each asser tion 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 or affirmation. 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 or affirmed 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. (Secs. 103, 332, 335, 66 Stat. 173, 252, 255; 8 U.S.C. 1103, 1443, 1446) [22 FR 9816, Dec. 6, 1957, as amended at 25 FR 13686, Dec. 24, 1960; 37 FR 2767, Feb. 5, 1972] § 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 be submitted to the examiner designated to conduct a preliminary examination pursuant to Part 335 of this chapter, for his use in examining the petitioner and wit nesses. § 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, booked, 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 N-3-Requisition for Forms and Binders. Papers forwarded. N-5-Continuation Sheet of Monthly Report-Naturalization Papers forwarded. N-7-Quarterly Abstract of Collections of Naturalization Fees. N-12-Penalty Envelope (to be addressed to any office of Service). 6, 1917, and ended on November 11, 1918. (Secs. 103, 329, 332, 402(e), 66 Stat. 173, 250, 252, 276; 8 U.S.C. 1103, 1440 and note, 1443) [23 FR 5819, Aug. 1, 1958) § 329.2 Petition. certification 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 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. (Secs. 103, 329, 332, 402(e), 66 Stat. 173, 250, 252, 276; 8 U.S.C. 1103, 1440 and note; 1443) [23 FR 5819, Aug. 1, 1958, as amended at 31 FR 14078, Nov. 3, 1966] 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 N-405, 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 preceeding the date of the petition. (Secs. 103, 330, 332, 66 Stat. 173, 251, 252; 8 U.S.C. 1103, 1441, 1443) [23 FR 5819, Aug. 1, 1958, as amended by 31 FR 14078, Nov. 3, 1966] PART 332-PRELIMINARY INVESTIGATION OF APPLICANTS FOR NATURALIZATION AND WIT NESSES Sec. 332.11 Investigation preliminary to filing petition for naturalization. 332.13 Use of record of preliminary investigation. § 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 or affirmations, prior to the filing of a petition for naturalization, and give testimony under oath or affirmation 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 witnesses shall be questioned under oath or affirmation separately and apart from one another and apart from the public. The applicant shall be questioned as to each asser tion made by him or his applicam file a pero AND IT AN sunniemen form. Whenever Deressant The WTI answers in the forme sa DE ed by the officer in coniam if the oral statements maE INDE DELL IT affirmanon. The Service nire a ts discretion, may have & Kanoglour transcript made, or prepŁY KÜÜNDETTA covering testimony of the topic I witnesses. The quesuns if the opt cant and the witnesses shall be repeked in different form and elborkled f necessary, to the officer conduran the investigance is Susted that the person being quesmoned fr moestands them. At the conciusion of the investigation all corerons made o the application form and supplements thereto shall be conseruiTAT D bered and recorded the space provided therefor in the appbrant s adddavit contained in the form. The ai5davit shall then be subscribed and sworn to or affirmed by the applicant and signed by the Service officer. The witnesses shall be questobed to devel op 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. (Secs. 103, 332, 335, 66 Stat. 173, 252, 255; 8 U.S.C. 1103, 1443, 1446) [22 FR 9816, Dec. 6, 1957, as amended at 25 FR 13686, Dec. 24, 1960; 37 FR 2767, Feb. 5, 1972] § 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 be submitted to the examiner designated to conduct a preliminary examination pursuant to Part 335 of this chapter, for his use in examining the petitioner and wit nesses. 51 Official forms essential to exer case of purisdiction. Before exercasing furisdiction in natTEX58D000 proceedings, the natural HEDON COUPt 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, re cords, bocked, and supplies required in naturalization proceedings. Such juris diction may not be exercised until such official forms, records, and books have been supplied to such court. Only used in naturalization proceedings. such forms as are supplied shall be 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 Papers forwarded. of Monthly Report-Naturalization Papers forwarded. N-7-Quarterly Abstract of Collections of Naturalization Fees. N-12-Penalty Envelope (to be addressed to any office of Service). |