ing the filing of the petition referred to in section 336(c) of the Immigration and Nationality Act. The waiver request shall set forth all the facts and circumstances which the petitioner believes will be in the public interest. 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, he may, in his discretion, grant the waiver. [35 FR 1045, Jan. 27, 1970] § 336.16a Final hearing; execution of questionnaire. Immediately prior to the commencement of the final hearing, each person filing a petition for naturalization in his own behalf shall execute the questionnaire on Form N-445; or, if such person is filing a petition for naturalization in behalf of a child pursuant to section 322 or 323 of the Immigration and Nationality Act, said child being 13 years of age or older on the date of the final hearing, such person shall execute the questionnaire on Form N445B. [36 FR 11636, June 17, 1971] § 336.17 Substitution of witnesses. § 337.1 Oath of allegiance. (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; affirmation in lieu 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. When a petitioner or applicant for naturalization, by reason of religious training and belief (or individual interpretation thereof), or for other reasons of good conscience, cannot take the oath prescribed in paragraph (a) of this section with the words "on oath" and "so help me God" included, the words "and solemnly affirm" shall be substituted for the words "on oath,” the words "so help me God" shall be deleted, and the oath shall be taken in such modified 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 FR 9824, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 3, 1959; 32 FR 13756, Oct. 3, 1967] § 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. § 337.3 Renunciation of title or order of nobility. A petitioner for naturalization who has borne any hereditary title or has been of any of the orders of nobility in any foreign state, shall, in addition to taking the oath of allegiance prescribed by § 337.1, make under oath in open court an express renunciation of such title or order of nobility, in the following form: I further renounce the title of (give title or titles) which I have heretofore held; or I further renounce the order of nobility (Give the order of nobility) to which I have heretofore belonged. § 337.4 When request for change of name granted. When the court has granted the petitioner's change of name request, the petitioner shall subscribe his new name to the written oath of allegiance on the reverse of the original naturalization petition. [32 FR 9635, July 4, 1967] § 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 § 338.11 Exception 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 N550, 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. as a Whenever the name of a petitioner has been changed by order of court as a part of a naturalization, the clerk of court or his authorized deputy 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 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. [22 FR 9824, Dec. 6, 1957, as amended at 35 FR 10497, June 27, 1970] § 338.13 Spoiled certificate. Whenever a certificate of naturalization is damaged, mutilated, defaced, or otherwise spoiled before delivery by the clerk, the original and duplicate, with stubs intact, shall be marked "Spoiled" and transmitted to the appropriate immigration and naturalization office, in the manner described in § 339.2 of this chapter, with the monthly report of the clerk on Form N-4. § 338.14 Delivery of certificates. No certificate of naturalization shall be delivered by the clerk of court in any case in which the representative of the Service in attendance at the final naturalization hearing notifies the clerk of court that the naturalized person has not surrendered his alien registration receipt card. Upon subsequent receipt of notice from the district director that he has waived the surrender of the card or that the card has been surrendered, the certificate shall be delivered by the clerk of court. § 338.15 Signing of certificate. If a child who has been admitted to citizenship under section 322 or section 323 of the Act is unable to sign his name, the certificate of naturalization shall be signed by a petitioning parent, whether natural or adoptive, as may be appropriate, and the signature shall read "(name of naturalized child) by (name 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 FR 9825, Dec. 6, 1957, as amended at 25 FR 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 or his authorized deputy on Form N459, 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 FR 9825, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 3, 1959; 35 FR 10497, June 27, 1970] PART 339-FUNCTIONS AND DUTIES OF CLERKS OF NATURALIZATION COURTS Sec. 339.1 Administration of oath to declarations of intention and petitions for naturalization. 339.2 Monthly reports. 339.3 Relinquishment of naturalization ju risdiction. 339.4 Binding of naturalization records. 339.5 Numbering and indexing and filing of petitions for naturalization and declaration of intention. AUTHORITY: Secs. 103, 332, 339, 344, 66 Stat. 173, 252, 259, 264; 8 U.S.C. 1103, 1443, 1450, 1455. SOURCE: 22 FR 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 or affirmation to each applicant for a declaration of intention. The clerk shall receive and file petitions and administer the required oaths or affirmations to each petitioner and the witnesses to each petition, unless such petitioner and witnesses have executed the petition before a designated examiner. [37 FR 2767, Feb. 5, 1972] § 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 naturaliza tion filed and all certificates of naturalization issued or spoiled during the preceding month, in accordance with the instructions contained in Form N4. 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 declarations 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 or the Act of October 24, 1968, 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. The clerk of court shall show on Form N-4 the inclusive numbers of all petitions filed, and list individually by name and number in the spaces provided therein all petitions filed during the month. In lieu of forwarding duplicate petitions to the Service with his report on Form N-4, the clerk may deliver the petitions to the examiner immediately after filing. [22 FR 9825, Dec. 6, 1957, as amended at 32 FR 9635, July 4, 1967; 33 FR 17137, Nov. 19, 1968] § 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 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. as a Whenever the name of a petitioner has been changed by order of court as a part of a naturalization, the clerk of court or his authorized deputy 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 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. [22 FR 9824, Dec. 6, 1957, as amended at 35 FR 10497, June 27, 1970] § 338.13 Spoiled certificate. Whenever a certificate of naturalization is damaged, mutilated, defaced, or otherwise spoiled before delivery by the clerk, the original and duplicate, with stubs intact, shall be marked "Spoiled" and transmitted to the appropriate immigration and naturalization office, in the manner described in § 339.2 of this chapter, with the monthly report of the clerk on Form N-4. § 338.14 Delivery of certificates. No certificate of naturalization shall be delivered by the clerk of court in any case in which the representative of the Service in attendance at the final naturalization hearing notifies the clerk of court that the naturalized person has not surrendered his alien registration receipt card. Upon subsequent receipt of notice from the district director that he has waived the surrender of the card or that the card has been surrendered, the certificate shall be delivered by the clerk of court. § 338.15 Signing of certificate. If a child who has been admitted to citizenship under section 322 or section 323 of the Act is unable to sign his name, the certificate of naturalization shall be signed by a petitioning parent, whether natural or adoptive, as may be appropriate, and the signature shall read "(name of naturalized child) by (name 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 FR 9825, Dec. 6, 1957, as amended at 25 FR 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 or his authorized deputy on Form N459, 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 |