Commissioner of the conduct of such studio.

(Secs. 103, 332, 66 Stat. 173, 252; 8 U.S.C. 1103, 1443)

[22 FR 9818, Dec. 6, 1957]

PART 332d-DESIGNATION OF EMPLOYEES TO ADMINISTER OATHS AND TAKE DEPOSITIONS

§ 332d.1 Designation of employees to administer oaths and take depositions. All immigration officers and other officers or employees of the Service of an equal or higher grade are hereby designated to administer oaths or affirmations and take depositions in matters relating to the administration of the naturalization and citizenship laws. In addition, such other employees as may be designated by a district director are hereby authorized to administer oaths or affirmations.

Secs. 103, 332, 66 Stat. 173, 252; 8 U.S.C. 1103, 1443)

[37 FR 2767, Feb. 5, 1972]

Sec.

PART 333-PHOTOGRAPHS

333.1 Description of required photographs. 333.2 Attachment of photographs to docu

ments.

§ 333.1 Description of required photographs.

Every applicant required to furnish photographs of himself under this subchapter shall submit three identical photographs which shall be 2 by 2 inches in size, unmounted, printed on a thin paper, have a light background, clearly show a full front view of the features of the applicant with head bare (unless the applicant is wearing a headdress as required by a religious order of which he is a member), with the distance from the top of the head to point of chin approximately 14 inches, and which shall have been taken within 30 days of the date they are furnished. Submitted photographs may be in natural color or in black and white, but black and white photographs which have been tinted or otherwise colored are not acceptable. The applicant, except in the case of a child

or other person physically incapable of signing his name, shall sign each copy of the photograph with his full true name, in such manner as not to obscure the features. The signature shall be by mark if the applicant is unable to sign his name. If the applicant is a prospective petitioner for naturalization, the photographs shall be signed by him in the English language, unless the applicant is of the class exempted from signing a petition for naturalization in the English language, as provided by § 334.13 of this chapter, in which case the photographs may be signed in any language. If a child is unable to sign his name, the photographs shall be signed by a parent or guardian, the signature reading "(name of child) by (name of parent or guardian)". The photographs shall be signed when submitted with an application if the instruction accompanying the application so require. If the instructions do not so require the photographs shall be submitted without being signed and shall be signed at such later time during the processing of the application as may be appropriate.

(Secs. 103, 332, 333, 334, 66 Stat. 173, 252, 253, 254; 8 U.S.C. 1103, 1443, 1444, 1445) [26 FR 4605, May 26, 1961]

§ 333.2 Attachment of photographs to documents.

There shall be securely and permanently attached to each original and duplicate certificate of naturalization and to each duplicate and triplicate declaration of intention issued by any clerk of court, and to each copy of a declaration of intention, certificate of naturalization or certificate of citizenship issued by the Service, a signed photograph of the applicant. In each case in which a seal is affixed, the imprint of a part of the seal shall be affixed so as to extend over the lower portion of the photograph in such manner as not to obscure the features of the applicant.

(Secs. 103, 332, 333, 334, 66 Stat. 173, 252, 253, 254; 8 U.S.C. 1103, 1443, 1444, 1445) [22 FR 9819, Dec. 6, 1957]

Sec.

PART 334-PETITION FOR NATURALIZATION

334.1 Right to file petition or application for naturalization.

334.2 Oath or affirmation of petitioner and witnesses.

334.3 Petitions for naturalization; numbering, indexing, binding.

334.11 Petition for naturalization and preliminary application.

334.13 Filing of petition for naturalization. 334.14 Investigation and report if applicant is sick or disabled.

334.15 Void petitions for naturalization. 334.16 Amendment of petition or application for naturalization.

334.17 Transfer of petition for naturalization.

334.18 Withdrawal of petition and failure to prosecute.

334.21 Verification of petition for naturalization; administration of oath.

AUTHORITY: Secs. 103, 332, 334, 335, 66 Stat. 173, 252, 254, 255; 8 U.S.C. 1103, 1443, 1445, 1446.

SOURCE: 22 FR 9819, Dec. 6, 1957, unless otherwise noted.

§ 334.1 Right to file petition or application for naturalization.

No person shall be denied the right to apply for naturalization in accordance with the procedure prescribed in this subchapter to any court authorized to exercise naturalization jurisdiction.

§ 334.2 Oath or affirmation of petitioner and witnesses.

The petition for naturalization shall be executed under the following oath (or affirmation): "You do swear (affirm) that you know the contents of this petition for naturalization subscribed by you, and that the same are true to the best of your knowledge and belief."

The following oath (or affirmation) shall be administered to each of the witnesses who verify the petition: "You do swear (affirm) that the statements of fact you have made in the affidavits to this petition for naturalization subscribed by you are true to the best of your knowledge and belief."

§ 334.3 Petitions for naturalization: numbering, indexing, binding.

Petitions for naturalization shall be numbered consecutively in the order in which they are filed, shall be filed chronologically in separate volumes, indexed, and made a part of the records of the naturalization court. Each such volume shall, upon completion, be permanently bound by the clerk of court. Whenever a petitioner's name has been changed by order of court the original and the changed name shall be entered by the clerk of court in the index of petitions for naturalization.

§ 334.11 Petition for naturalization and preliminary application.

A person who desires to apply for naturalization shall, before filing his petition for naturalization, execute and submit preliminary application Form N-400. Former citizens who are applying under section 324(a) or 327 of the Act shall execute supplement Form N-400A. Seamen who are apply. ing under section 330 of the Act shall execute supplement Form N-400B. The Service shall notify the applicant when and where to appear with his witnesses for preliminary investigation and filing his petition for naturalization.

[32 FR 9635, July 4, 1967]

§ 334.13 Filing of petition for naturalization.

The petition for naturalization and the duplicate copy thereof shall be filed by the petitioner, in person, with the clerk of the court or his authorized deputy and only in the office of the clerk, except that an applicant for naturalization who satisfactorily establishes that he is prevented by sickness or other disability from appearing in the office of the clerk, may file the petition for naturalization at such other place as may be designated by the clerk of court or his authorized deputy. Except as otherwise provided in this subchapter, the petition shall be on Form N-405 and shall contain an averment that it is the intention of the petitioner to reside permanently in the United States. The petition shall be signed by the petitioner in the

English language, if physically able to write, unless the petitioner on December 24, 1952, was over fifty years of age and had been living in the United States for at least twenty years, in which case the petitioner may sign his name in any language. When the petition has been so filed, the clerk shall furnish to the petitioner an acknowledgment of the filing of the petition of Form N-414 or Form N-414a. The petitioner shall pay 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 under section 3 of the Act of October 24, 1968, or has been granted a waiver of the fee under the provisions of § 103.7(c) of this chapter.

[27 FR 2681, Mar. 22, 1962, as amended at 37 FR 928, Jan. 21, 1972]

§ 334.14 Investigation and report if applicant is sick or disabled.

Whenever it appears that an applicant for naturalization may be unable, because of sickness or other disability, to present himself in the office of the clerk of a naturalization court to file a petition for naturalization, the district director shall cause an investigation to be conducted to determine the circumstances, and shall report the condition of the applicant to the clerk of court for the purpose of aiding the court to determine whether the clerk of court shall designate another place to file a petition for naturalization. The report shall show whether the sickness or disability is of a nature which so incapacitates the applicant as to prevent him from appearing personally in the office of the clerk of court.

§ 334.15 Void petitions for naturalization.

If a petition for naturalization filed with the clerk of court is materially defective on its face, it shall nevertheless remain a part of the records of the court and the duplicate thereof disposed of, and the fee accounted for, in accordance with the provisions of Part 339 of this chapter. The Service shall inform the petitioner of the defect and the desirability of having the petition marked "Void" in order that the fee may be refunded or cred

ited to the filing of another petition. If the petitioner desires to have the defective petition submitted to the court for a judicial ruling in lieu of having it marked "Void", no refund of the fee shall be made. A request by the petitioner that his petition be marked "Void" shall be made on Form N-403, in duplicate, and submitted to the district director. If the request is approved by the district director the original shall be furnished the clerk of court for attachment to the petition and the clerk of court shall mark the petition "Void". The duplicate shall be retained in the field office file.

§ 334.16 Amendment of petition or application for naturalization.

(a) During pendency of petition or application. An application to amend a petition or application for naturalization, while such application or petition is pending, shall be made by the petitioner or applicant on Form N-410, with copies thereof equal to the number of copies of the petition or application for naturalization, and presented to the court at the hearing on the petition or application for naturalization. When the court orders the petition or application amended, the original order shall be filed with the original petition or application and the copies attached to the respective copies of the petition or application.

(b) After final action on petition or application. Whenever an application is made to the court to amend a petition or application for naturalization after final action thereon has been taken by the court, a copy of the application shall be served upon the district director having administrative jurisdiction over the territory in which the court is located, in the manner and within the time provided by the rules of court in which application is made. No objection shall be made to the amendment of a petition for naturalization after the petitioner for naturalization has been admitted to citizenship if the motion or application is to correct a clerical error arising from oversight or omission. A representative of the Service may appear at the hearing upon such application and be heard in favor of or in opposition thereto. When the court orders the pe

Sec.

PART 334-PETITION FOR NATURALIZATION

334.1 Right to file petition or application

for naturalization.

334.2 Oath or affirmation of petitioner and witnesses.

334.3 Petitions for naturalization; numbering, indexing, binding.

334.11 Petition for naturalization and preliminary application.

334.13 Filing of petition for naturalization. 334.14 Investigation and report if applicant is sick or disabled.

334.15 Void petitions for naturalization. 334.16 Amendment of petition or application for naturalization.

334.17 Transfer of petition for naturalization.

334.18 Withdrawal of petition and failure to prosecute.

334.21 Verification of petition for naturalization; administration of oath.

AUTHORITY: Secs. 103, 332, 334, 335, 66 Stat. 173, 252, 254, 255; 8 U.S.C. 1103, 1443, 1445, 1446.

SOURCE: 22 FR 9819, Dec. 6, 1957, unless otherwise noted.

§ 334.1 Right to file petition or application for naturalization.

No person shall be denied the right to apply for naturalization in accordance with the procedure prescribed in this subchapter to any court authorized to exercise naturalization jurisdiction.

§ 334.2 Oath or affirmation of petitioner and witnesses.

The petition for naturalization shall be executed under the following oath (or affirmation): "You do swear (affirm) that you know the contents of this petition for naturalization subscribed by you, and that the same are true to the best of your knowledge and belief."

The following oath (or affirmation) shall be administered to each of the witnesses who verify the petition: "You do swear (affirm) that the statements of fact you have made in the affidavits to this petition for naturalization subscribed by you are true to the best of your knowledge and belief.”

§ 334.3 Petitions for naturalization: numbering, indexing, binding.

Petitions for naturalization shall be numbered consecutively in the order in which they are filed, shall be filed chronologically in separate volumes, indexed, and made a part of the records of the naturalization court. Each such volume shall, upon completion, be permanently bound by the clerk of court. Whenever a petitioner's name has been changed by order of court the original and the changed name shall be entered by the clerk of court in the index of petitions for naturalization.

§ 334.11 Petition for naturalization and preliminary application.

A person who desires to apply for naturalization shall, before filing his petition for naturalization, execute and submit preliminary application Form N-400. Former citizens who are applying under section 324(a) or 327 of the Act shall execute supplement Form N-400A. Seamen who are applying under section 330 of the Act shall execute supplement Form N-400B. The Service shall notify the applicant when and where to appear with his witnesses for preliminary investigation and filing his petition for naturalization.

[32 FR 9635, July 4, 1967]

§ 334.13 Filing of petition for naturalization.

The petition for naturalization and the duplicate copy thereof shall be filed by the petitioner, in person, with the clerk of the court or his authorized deputy and only in the office of the clerk, except that an applicant for naturalization who satisfactorily establishes that he is prevented by sickness or other disability from appearing in the office of the clerk, may file the petition for naturalization at such other place as may be designated by the clerk of court or his authorized deputy. Except as otherwise provided in this subchapter, the petition shall be on Form N-405 and shall contain an averment that it is the intention of the petitioner to reside permanently in the United States. The petition shall be signed by the petitioner in the

English language, if physically able to write, unless the petitioner on December 24, 1952, was over fifty years of age and had been living in the United States for at least twenty years, in which case the petitioner may sign his name in any language. When the petition has been so filed, the clerk shall furnish to the petitioner an acknowledgment of the filing of the petition of Form N-414 or Form N-414a. The petitioner shall pay 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 under section 3 of the Act of October 24, 1968, or has been granted a waiver of the fee under the provisions of § 103.7(c) of this chapter.

[27 FR 2681, Mar. 22, 1962, as amended at 37 FR 928, Jan. 21, 1972]

§ 334.14 Investigation and report if applicant is sick or disabled.

Whenever it appears that an applicant for naturalization may be unable, because of sickness or other disability, to present himself in the office of the clerk of a naturalization court to file a petition for naturalization, the district director shall cause an investigation to be conducted to determine the circumstances, and shall report the condition of the applicant to the clerk of court for the purpose of aiding the court to determine whether the clerk of court shall designate another place to file a petition for naturalization. The report shall show whether the sickness or disability is of a nature which so incapacitates the applicant as to prevent him from appearing personally in the office of the clerk of court.

§ 334.15 Void petitions for naturalization.

If a petition for naturalization filed with the clerk of court is materially defective on its face, it shall nevertheless remain a part of the records of the court and the duplicate thereof disposed of, and the fee accounted for, in accordance with the provisions of Part 339 of this chapter. The Service shall inform the petitioner of the defect and the desirability of having the petition marked "Void" in order that the fee may be refunded or cred

ited to the filing of another petition. If the petitioner desires to have the defective petition submitted to the court for a judicial ruling in lieu of having it marked "Void", no refund of the fee shall be made. A request by the petitioner that his petition be marked "Void" shall be made on Form N-403, in duplicate, and submitted to the district director. If the request is approved by the district director the original shall be furnished the clerk of court for attachment to the petition and the clerk of court shall mark the petition "Void". The duplicate shall be retained in the field office file.

§ 334.16 Amendment of petition or application for naturalization.

(a) During pendency of petition or application. An application to amend a petition or application for naturalization, while such application or petition is pending, shall be made by the petitioner or applicant on Form N-410, with copies thereof equal to the number of copies of the petition or application for naturalization, and presented to the court at the hearing on the petition or application for naturalization. When the court orders the petition or application amended, the original order shall be filed with the original petition or application and the copies attached to the respective copies of the petition or application.

(b) After final action on petition or application. Whenever an application is made to the court to amend a petition or application for naturalization after final action thereon has been taken by the court, a copy of the application shall be served upon the district director having administrative jurisdiction over the territory in which the court is located, in the manner and within the time provided by the rules of court in which application is made. No objection shall be made to the amendment of a petition for naturalization after the petitioner for naturalization has been admitted to citizenship if the motion or application is to correct a clerical error arising from oversight or omission. A representative of the Service may appear at the hearing upon such application and be heard in favor of or in opposition thereto. When the court orders the pe