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§ 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]

PART 341-CERTIFICATES OF CITIZENSHIP

Sec.

341.1 Application.

341.2 Examination upon application. 341.3 Depositions.

Sec.

341.4 Surrender of immigration documents. 341.5 Report and recommendation. 341.6 Denial of application. Issuance of certificate.

341.7

AUTHORITY: The provisions of this Part 341 issued under secs. 103, 309 (c), 332, 333, 337, 341, 344, 66 Stat. 173, 238, 252, 254, 258, 263, 264, as amended; 8 U.S.C. 1103, 1409 (c), 1443, 1444, 1448, 1452, 1455.

SOURCE: The provisions of this Part 341 appear at 30 F.R. 5472, Apr. 16, 1965; 30 F.R. 5621, Apr. 21, 1965, unless otherwise noted.

Application.

§ 341.1

An application for a certificate of citizenship by or in behalf of a person who claims to have acquired United States citizenship under section 309 (c) or to have acquired or derived United States citizenship as specified in section 341 of the Act shall be submitted on Form N-600 in accordance with the instructions thereon, accompanied by a fee of $5. The application shall be supported by documentary and other evidence essential to establish the claimed citizenship, such as birth, marriage, death, and divorce certificates.

§ 341.2

Examination upon application.

(a) Personal appearance of claimant and parent or guardian. Each claimant, when notified to do so, and his parent or guardian if one is acting in his behalf, shall appear in person before an assigned officer for examination under oath or affirmation upon the application. At the examination the claimant and the acting parent or guardian shall present testimony and evidence pertinent to the claim to citizenship and shall have the right to meet any evidence adverse thereto and to cross-examine witnesses called by the Government.

(b) Witnesses-(1) Personal appearance. Except as otherwise provided in this paragraph, the claimant or the acting parent or guardian shall produce before the assigned officer the person or persons through whom citizenship is claimed to give testimony under oath or affirmation concerning any matter in any way affecting the claim to citizenship. When citizenship is claimed through two persons, and each of such persons has had an extended period or periods of absence abroad after becoming a citizen, other than absence as an employee, or on behalf, of the U.S. Government, a member of the U.S. Armed Forces, or a spouse residing abroad with such a person, the two persons shall be

produced to give testimony. In every other case when citizenship is claimed through two persons, only one of such two persons need be produced to give testimony: Provided, That all required documentary evidence submitted in support of the claim to citizenship, together with other evidence, the application, related files, and any other available sources of information do not give rise to an issue or question involving the citizenship status of the persons through whom citizenship is claimed, or the claimant's identity and alleged relationship to such persons, and leave no doubt that citizenship was acquired or derived as claimed and was not subsequently lost. If such issue, question, or doubt exists, or arises thereafter from the testimony of the single witness, the other person through whom citizenship is claimed also shall be produced to give testimony. If one of the two persons through whom citizenship is claimed has had an extended period or periods of absence abroad after becoming a citizen, other than absence as an employee, or on behalf, of the U.S. Government, a member of the U.S. Armed Forces, or a spouse residing abroad with such a person, such absentee person shall be produced as the required single witness; otherwise, either one of such two persons may be produced as the required single witness.

(2) Substitution and waiver. If the presentation of the person or persons through whom citizenship is claimed is precluded by reason of death, mental incapacity, refusal to testify, or unknown whereabouts, another witness or witnesses shall be produced. A substitute witness also shall be produced in lieu of such person if such person is a member of the U.S. Armed Forces serving outside the United States in an area where his testimony could not be taken without imposing extreme hardship upon him, or without unduly delaying action on the application, and no issue is present which can be resolved only by his testimony. When a substitution of witnesses is authorized for any reason prescribed in this paragraph, and no substitute witness or witnesses can be produced, favorable action may nonetheless be taken on the application, but only if the district director decides that the testimony of the claimant or the acting parent or guardian, Service and State Department records, and documentary evidence clearly

and convincingly establish beyond doubt the claimant's alleged relationship to the person(s) through whom citizenship is claimed, that citizenship was acquired or derived as claimed, and that such citizenship was not subsequently lost.

(c) Proof. The burden of proof shall be upon the claimant, or his parent or guardian if one is acting in his behalf, to establish the claimed citizenship by a preponderance of the evidence.

(d) Assignment and authority of officer. A district director shall assign an officer of the Service to conduct the examination provided for in paragraphs (a) and (b) of this section. The assigned officer shall have authority to administer oaths or affirmations; to present and receive evidence; to rule upon offers of proof; to take or cause to be taken depositions or interrogatories; to regulate the course of the examination; to examine and cross-examine all witnesses appearing in the proceedings; to grant or order continuances; to consider and rule upon objections to the introduction of evidence; to make a report and recommendation to the district director as to whether the application shall be granted or denied, and to take such other action as may be appropriate to the conduct of the examination and the disposition of the application.

(e) Conduct of examination. The assigned officer shall, at the commencement of his examination of the claimant and the acting parent or guardian, advise them of their rights as set forth in paragraphs (a) and (f) of this section, and shall interrogate them under oath or affirmation with regard to each assertion made in the application and any other matter pertinent to the claim to citizenship; in addition, he shall interrogate each witness with regard to pertinent matters within the personal knowledge of the witness, such as the relationship between the claimant and the citizen source or sources; the citizenship of the latter, and any possible expatriatory acts performed by the claimant and the citizen source or sources. He may, in his discretion, have a transcript made of the testimony. At the conclusion of the examination of the claimant or the acting parent or guardian, all corrections made on the application form shall be consecutively numbered and recorded in the space provided therefor in the form. The affidavit shall then be signed and sworn to by the claimant or the acting

parent or guardian, and the remainder of the affidavit completed and signed by the assigned officer.

(f) Representation during proceedings. The claimant shall have the right to representation during the proceedings, as provided in Part 292 of this chapter, and such representative shall have the right to examine and cross-examine witnesses appearing in the proceedings; to introduce evidence; to object to the introduction of evidence, which objections shall be stated succinctly and entered on the record, and to submit briefs. If the claimant is not represented by an attorney or representative, the assigned officer shall assist him in the introduction of all evidence available in his behalf.

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§ 341.6 Denial of application.

If the decision of the district director is that the application shall be denied, notification thereof and of the right to appeal shall be furnished and such further action taken as required by Part 103 of this chapter.

§ 341.7

Issuance of certificate.

If the application is granted, a certificate of citizenship shall be issued and the claimant shall, unless he is too young to understand the meaning thereof, take and subscribe to, before an officer of the Service within the United States, the oath of renunciation and allegiance prescribed by Part 337 of this chapter. Thereafter, delivery of the certificate shall be made in the United States to the claimant or the acting parent or guardian, either personally or by certified mail.

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SOURCE: The provisions of this Part 342 appear at 28 F.R. 209, Jan. 9, 1963, unless otherwise noted.

Notice.

§ 342.1

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 ap

pear 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 quested.

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aminer to consider the case. The respondent shall be notified that he may appear in person or through counsel with any witnesses and evidence in defense of the allegations, and shall be informed of the date, time, and place for such appearance.

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.

If the respondent files an answer within the prescribed period asserting a defense to the allegations in the notice, or requests a personal appearance, with or without an answer, the district director shall designate a naturalization ex

§ 342.5 Conduct of examination.

(a) Authority of naturalization examiner. The naturalization examiner assigned to consider the case shall have authority to administer oaths or affirmations to respondent and witnesses, issue subpoenas, present and receive evidence, rule upon offers of proof, take or cause depositions or interrogatories to be taken, regulate the course of the examination, take testimony of respondent and witnesses, grant continuances, consider and rule upon objections to the introduction of evidence, make recommendations to the district director as to whether cancellation shall be ordered or the proceedings terminated, and to take any other action as may be appropriate to the conduct and disposition of the case.

(b) Assignment of additional officer. The district director may, in his discretion, assign an officer of the Service to examine and cross-examine the respondent and witnesses and to present evidence pertinent to the case. The naturalization examiner designated under § 342.4 may take such part in the proceedings as he may deem necessary.

(c) Examination. The naturalization examiner designated under § 342.4 shall, prior to commencement of the examination, make known to the respondent his official capacity and that of any officer assigned pursuant to paragraph (b) of this section, the nature of the proceedings, his right to representation by counsel, to examine or object to evidence against him, to present evidence in his own behalf, to cross-examine witnesses presented by the Government, and shall read the allegations in the notice to respondent and, if necessary, explain them to him. The respondent shall be asked whether he admits or denies the material allegations in the notice, or any of them, and whether he concedes illegality or fraud. If respondent admits all the material allegations and that the certificate, document, or record was procured by fraud or illegality, and no issue of law or fact remains, the naturalization examiner may determine that fraud or illegality has been established on the basis of the respondent's admissions. The al

legations in the notice shall be taken as admitted if respondent, without reasonable cause, fails or refuses to attend or remain in attendance at the examination. The examination shall be recorded verbatim except for statements made off the record with the permission of the naturalization examiner.

(d) Prior statements. The naturalization examiner assigned to consider the case may receive in evidence any oral or written statement which is material and relevant to any issue in the case previously made by the respondent or by any other person during any investigation, examination, hearing, trial, proceeding, or interrogation.

[28 F.R. 209, Jan. 9, 1963, as amended at 32 FR. 3340, Feb. 28, 1967]

§ 342.6

Depositions.

Upon good cause shown, the testimony of any witness may be taken by depositions, either orally or upon written interrogatories before a person having authority to administer oaths, as may be designated by the naturalization examiner.

§ 342.7 Report and recommendation.

The naturalization examiner shall prepare a report summarizing the evidence, discussing the applicable law, and containing his findings and recommendations. The record, including the report and recommendation, shall be forwarded to the district director, who shall sign the report, either approving or disapproving the recommendation. If the decision of the district director is that the proceedings be terminated, the respondent shall be so informed.

§ 342.8 Appeals.

Should the district director find that the certificate, document, or record was fraudulently or illegally obtained, he shall enter an order that it be cancelled and the certificate or document surrendered to the Service forthwith. Written notification of such action shall be given the respondent, with a copy of the decision, findings and decision of the district director, and he shall be informed of his right of appeal in accordance with the provisions of Part 103 of this chapter. § 342.9 Notice re 18 U.S.C. 1428.

The notice to surrender a cancelled certificate of citizenship or copy thereof, prescribed by section 1428 of Title 18 of the United States Code, shall be given by the district director in whose district

the person who has possession or control of such document resides. [28 F.R. 9282, Aug. 23, 1963]

PART 343-CERTIFICATE OF NATURALIZATION OR REPATRIATION; PERSONS WHO RESUMED CITIZENSHIP UNDER SECTION 323 OF THE NATIONALITY ACT OF 1940, AS AMENDED, OR SECTION 4 OF THE ACT OF JUNE 29, 1906

§ 343.1 Application.

A person who lost citizenship of the United States incidental to service in one of the allied armies during World War I or II, or by voting in a political election in a country not at war with the United States during World War II, and who was naturalized under the provisions of section 323 of the Nationality Act of 1940, as amended, or a person who, before January 13, 1941, resumed United States citizenship under the twelfth subdivision of section 4 of the act of June 29, 1906, may obtain a certificate evidencing such citizenship by making application therefor on Form N-580. The applicant shall be required to appear in person before an assigned officer for interrogation under oath or affirmation upon the application. When the application is approved, a certificate of naturalization or repatriation shall be issued and delivered in person, in the United States only, upon the applicant's signed receipt therefor. If the application is denied, the applicant shall be notified of the reasons therefor and his right to appeal in accordance with the provisions of Part 103 of this chapter.

(Secs. 103, 332, 343, 344, 405, 66 Stat. 173, 252, 263, 264, 280; 8 U.S.C. 1101, 1103, 1443, 1454, 1455. [23 F.R. 9125, Nov. 26, 1958, as amended at 32 F.R. 9635, July 4, 1967]

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