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delivery, setting forth the date and man- ceedings terminated, and to take any ner of service, shall constitute proof of other action as may be appropriate to service. In the case of a mentally in- the conduct and disposition of the case. competent respondent or a child under (b) Assignment of additional officer. 14 years of age, service shall be made The district director may, in his discreupon his guardian, near relative or tion, assign an officer of the Service to friend, and the person so served shall be examine and cross-examine the respondpermitted to appear on behalf of the ent and witnesses and to present evidence respondent.

pertinent to the case. The naturaliza(29 F.R. 5511, Apr. 24, 1964)

tion examiner designated under 8 342.4

may take such part in the proceedings § 342.3 Allegations admitted; no answer as he may deem necessary.

filed; no personal appearance re- (c) Examination. The naturalization quested.

examiner designated under $ 342.4 shall, If the answer admits all material al- prior to commencement of the examinalegations in the notice, or if no answer tion, make known to the respondent his is filed within the 60-day period or any official capacity and that of any officer extension thereof and no personal ap- assigned pursuant to paragraph (b) of pearance is requested within such period this section, the nature of the proceedor periods, it shall be deemed to author- ings, his right to representation by ize the district director, without further counsel, to examine or object to evidence notice to respondent, to find the facts to against him, to present evidence in his be as alleged in the notice and to can- own behalf, to cross-examine witnesses cel the certificate, document, or record. presented by the Government, and shall No appeal shall lie from such decision. read the allegations in the notice to reWritten notice of the decision shall be spondent and, if necessary, explain them served upon the respondent with de- to him. The respondent shall be asked mand for surrender of the certificate, whether he admits or denies the material document, or record forthwith.

allegations in the notice, or any of them,

and whether he concedes illegality or § 342.4 Answer asserting defense; per

fraud. If respondent admits all the masonal appearance requested.

terial allegations and that the certificate, If the respondent files an answer

document, or record was procured by within the prescribed period asserting a fraud or illegality, and no issue of law defense to the allegations in the notice, or fact remains, the naturalization exor requests a personal appearance, with aminer may determine that fraud or ilor without an answer, the district direc- legality has been established on the basis tor shall designate a naturalization ex- of the respondent's admissions. The alaminer to consider the case. The re- legations in the notice shall be taken as spondent shall be notified that he may admitted if respondent, without reasonappear in person or through counsel with

able cause, fails or refuses to attend or any witnesses and evidence in defense

remain in attendance at the examinaof the allegations, and shall be informed tion. The examination shall be recorded of the date, time, and place for such verbatim except for statements made off appearance.

the record with the permission of the $ 342.5 Conduct of examination.

naturalization examiner.

(d) Prior statements. The naturali(a) Authority of naturalization exam

zation examiner assigned to consider the iner. The naturalization examiner as

case may receive in evidence any oral or signed to consider the case shall have

written statement which is material and authority to administer oaths or affirma

relevant to any issue in the case pretions to respondent and witnesses, issue subpoenas, present and receive evidence,

viously made by the respondent or by any

other person during any investigation, rule upon offers of proof, take or cause

examination, hearing, trial, proceeding. depositions or interrogatories to be taken,

or interrogation. regulate the course of the examination, take testimony

[28 F.R. 209, Jan. 9, 1963, as amended at 32 of respondent and

F.R. 3340, Feb. 28, 1967) witnesses, grant continuances, consider and rule upon objections to the introduc

& 342.6 Depositions. tion of evidence, make recommendations Upon good cause shown, the testimony to the district director as to whether of any witness may be taken by deposicancellation shall be ordered or the pro- tions, either orally or upon written inter

rogatories 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. 8 342.8 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)

tion 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. I 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. 178, 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)

PART 343_CERTIFICATE OF NAT

URALIZATION OR REPATRIATION;
PERSONS WHO RESUMED CITIZEN-
SHIP UNDER SECTION 323 OF THE
NATIONALITY ACT OF 1940, AS
AMENDED, OR SECTION 4 OF THE

ACT OF JUNE 29, 1906 8 343.1 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 sec

PART 3430-NATURALIZATION AND

CITIZENSHIP PAPERS LOST, MUTILATED, OR DESTROYED; NEW CERTIFICATE IN CHANGED NAME; CERTIFIED COPY OF REPATRIATION PROCEEDINGS Sec. 343a.1 Application for replacement of or for

new naturalization or citizenship

papers. 343a.2 Return or replacement of sur

rendered certificate of naturaliza

tion or citizenship. AUTHORITY: The provisions of this part 343a issued under secs. 103, 324, 332, 343, 844, 405, 66 Stat. 173, 246, 247, 252, 263, 264, 266, 280; 8 U.S.C. 1101 note, 1103, 1435, 1443, 1454, 1455. § 343a.l Application for replacement of

or for new naturalization or citizen

ship paper. (a) Lost, mutilated, or destroyed naturalization papers.

A person whose declaration of intention, certificate of naturalization, citizenship, or repatriation, or whose certified copy of proceedings under the act of June 25, 1936, as amended, or under section 317(b) of the Nationality Act of 1940, or under section 324(c) of the Immigration and Nationality Act, or under the provisions of any private law, has been lost, mutilated, or destroyed, shall apply on Form N-565 for a new paper in lieu thereof.

(b) New certificate in changed name. A naturalized citizen whose name has been changed after naturalization by order of court or by marriage shall apply on Form N-565 for a new certificate of naturalization, or of citizenship, in the changed name.

(c) Disposition. The applicant shall be required to appear in person before an assigned officer for interrogation under oath or affirmation upon the application. If an application for a new certificate of naturalization, citizenship, or repatriation is approved, the new certificate shall be issued and delivered in person upon the applicant's signed receipt therefor. When an application for a new declaration of intention is approved, the new declaration of intention shall be issued and the original delivered to the applicant upon his signed receipt therefor. If an application for a new certified copy of the proceedings under the act of June 25, 1936, as amended, or under section 317(b) of the Nationality Act of 1940, or under section 324(c) of the Immigration and Nationality Act, or under the provisions of any private law is approved, there shall be issued a certified positive photocopy of the record of the proceedings filed with the Service. When subsequent to the naturalization or repatriation the applicant's name has been changed by marriage, the certification of the positive photocopy shall show both the name in which the proceedings were had and the changed name. The new certified copy shall be personally delivered to the applicant, upon his signed receipt therefor. If the application is denied, the applicant shall be notified of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. (Secs. 103, 324, 332, 343, 344, 405, 66 Stat. 173, 246, 247, 252, 263, 264, 265, 280; 8 U.S.C. 1101 note, 1103, 1435, 1443, 1454, 1455) (23 F.R. 9125, Nov. 26, 1958 as amended at 32 F.R. 8635, July 7, 1967) § 343a.2 Return or replacement of sur

rendered certificate of naturalization

or citizenship. A certificate of naturalization or citizenship in a Service file which was surrendered on a finding that loss of United States nationality had uccurred directly

or through a parent by reason of section 404 (b) or (c) of the Nationality Act of 1940 or section 352 of the Immigration and Nationality Act and which finding is no longer valid in view of Schneider v. Rusk, 377 U.S. 163, or a certificate of naturalization or citizenship in a Service file which was surrendered on a finding that loss of United States nationality had occurred pursuant to section 401(e) of the Nationality Act of 1940 or section 349(a) (5) of the Immigration and Nationality Act and which finding is no longer valid in view of Afroyim v. Rusk, 387 U.S. 253, may be returned to the person to whom it was issued, notwithstanding the fact that he has since been naturalized or repatriated in the United States or abroad. If, after having been surrendered to the Department of State or to this Service, the certificate has been lost, mutilated, or destroyed as a result of either Service action or the action of that Department, a replacement certificate may be issued in the name shown in the surrendered certificate without fee and without requiring the submission of Form N--565. A surrendered certificate shall not be regarded as mutilated and a replacement shall not be issued solely because of holes made in it to accommodate an Acco fastener, unless the citizen declines to accept the return of the surrendered certificate in that condition and insists upon issuance of a replacement. When it is desired that the replacement certificate be furnished in & name other than the one shown in the surrendered certificate, the regular application procedure with payment of fee must be followed. The naturalized person shall be required to appear in person, if within the United States, before an assigned officer for interrogation under oath or affirmation upon the request for return of the certificate. [32 F.R. 9635, July 4, 1967, as amended at 33 F.R. 4562, Mar. 15, 1968)

PART 343b-SPECIAL CERTIFICATE OF

NATURALIZATION FOR RECOGNI

TION BY A FOREIGN STATE Sec. 343b.1 Application. 343b.2 Number of applications required. 343b.3 Interrogation. 343b.4 Applicant outside of United States. 343b.5 Verification of application, 343b.11 Disposition of application.

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AUTHORITY: The provisions of this part 343b issued under secs. 103, 332, 343, 344, 66 Stat. 173, 252, 263, 264; 8 U.S.C. 1103, 1443, 1454, 1455. $ 343b.l Application.

A naturalized citizen who desires to obtain recognition as a citizen of the United States by a foreign state shall submit an application on Form N-577. He shall not be furnished with verification of his naturalization for such purpose in any other way. An applicant who is a claimant against a foreign government for property damage pursuant to the provisions of a peace treaty shall not be requested to furnish the name, official title, and address of a foreign official unless such information is available when the Investigation of the applicant is conducted. The applicant shall be required to appear in person before an assigned oficer for interrogation under oath or affirmation upon the application. 132 F.R. 9636, July 4, 1967) & 343b.2 Number of applications re

quired. A special certificate of naturalization is delivered to one foreign government official only. An applicant who desires recognition as a U.S. citizen by more than one foreign official, whether in the same country or not, must file a separate application for each certificate required. 132 F.R. 9636, July 4, 1967) $ 343b.3 Interrogation.

When Form N-577 presents a prima facie case, it shall be forwarded to the district director, without first interrogating the applicant, for issuance of the certificate. Interrogation of the applicant shall be conducted before the application is forwarded if he appears in person to file the application or if it is necessary in order to properly adjudicate the case. In that event the officer interviewing the applicant will complete the report on page 2 of Form N-577 before transmitting the application to the district director. In all other cases the interview shall take place at any time before the certificate is transmitted to the State Department (unless the applicant is abroad) and the report completed after the interview. (32 F.R. 9636, July 4, 1967) $ 343b.4. Applicant outside of United

States. If the application is received by a Seryice officer stationed outside the United

States, he shall, when practicable, Interrogate the applicant before the application is forwarded to the district director in the United States having jurisdiction over the applicant's place of residence for issuance of the certificate. When such interrogation is not practicable, the certificate may nevertheless be issued and the recommendation conditioned upon satisfactory interrogation by a State Department Representative. When forwarding the certificate in such a case, the Secretary of State shall be informed that the applicant has not been interviewed, and requested to have his representative abroad interview the applicant regarding identity and possible expatriation. If identity is not established or if expatriation has occurred, the request shall be made that the certificate be returned to the Service. (32 F.R. 9636, July 4, 1967) $ 343b.5 Verification of naturalization.

The application shall not be granted without first obtaining verification of the applicant's naturalization. (32 F.R. 9636, July 4, 1967) § 343b.11 Disposition of application.

(a) Issuance of certificate. If the application is granted, a special certificate of naturalization on Form N-578 shall be issued by the district director and forwarded to the Secretary of State for transmission to the proper authority of the foreign state. The district director shall forward the original certificate by letter, in triplicate, to the Secretary of State, Attention: Office of Special Consular Services, Department of State, Washington, D.C. 20520; forward the application and the duplicate certificate to the official Service file, and send Form N-568 to the applicant.

(b) Application denied. If the appli. cation is denied, the applicant shall be notified of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. [23 F.R. 9126, Nov. 26, 1958 and 32 F.R. 9636, July 4, 1967)

1

PART 343c--CERTIFICATIONS FROM

RECORDS $ 343c.) Application for certification of

naturalization record of court or certificate of naturalization or citizen

ship. An application for certification of a naturalization record of any court, or of

any part thereof, or of any certificate of naturalization by clerks of courts other naturalization, repatriation, or citizen- than United States courts up to $6,000 ship, under section 343(e) of the act for in any one fiscal year shall be similarly use in complying with any statute, Fed- remitted to the regional commissioner in eral or State, or in any judicial proceed- the manner provided in § 344.2. Where ing, shall be made on Form N-585.

the collections during the first quarter (Secs. 103, 332, 333, 343, 344, 66 Stat. 173, 252, of any fiscal year equal or exceed $1,500, 253, 263, 264; 8 U. 1103, 1443, 1444, 1454, the clerk shall remit all in excess of $750; 1455) [22 F.R. 9827, Dec. 6, 1957)

and whenever such collections for the

first and second quarters equal or exceed PART 344_FEES COLLECTED BY

$3,000, the clerk shall remit all in excess CLERKS OF COURT

of $1,500; and whenever the collections

for the first three quarters of the fiscal Sec. 344.1 Division of the year for accounting

year equal or exceed $4,500, the clerk for naturalization fees.

shall remit all in excess of $2,250; and 344.2 Fees in United States courts, remite whenever the total collections for any tance.

fiscal year equal or exceed $6,000, the 344.3 Fees in other than United States clerk shall remit all fees or moneys so courts; remittance.

collected in excess of $3,000. 344.4 Fees in the District Courts at the Virgin Islands and Guam: remittance.

126 F.R. 4606, May 26, 1961) 344.5 Time for report of and accounting for

$ 344.4 Fees in the District Courts at fees collected.

the Virgin Islands and Guam: remitAUTHORITY: The provisions of this part 844

tance. Issued under secs. 103, 332, 344, 66 Stat. 173, 252, 264; 8 U.S.C. 1103, 1443, 1455.

All fees collected for declarations of

intention and petitions for naturalizaSOURCE: The provisions of this part 344

tion by the clerk of the District Court of appear at 22 F.R. 9827, Dec. 6, 1967, unless otherwise noted.

the Virgin Islands of the United States

shall be paid into the Treasury of Virgin $ 344.1 Division of the year for ac- Islands. All such fees collected by the counting for naturalization fees.

clerk of the District Court of Guam shall For the purpose of accounting for and be paid into the Treasury of Guam. reporting naturalization fees quarterly by However, such clerks shall report the clerks of courts, the fiscal year shall end fees collected to the regional commison June 30 of any given calendar year sioner having administrative jurisdiction and shall be devided as follows: the first over the place in which the court is loquarter shall end September 30; the sec

cated, in accordance with § 344.5. ond quarter ends December 31; the third

§ 344.5 Time for report of and acquarter ends March 31; and the fourth counting for fees collected. quarter ends June 30.

The accounting for naturalization fees § 344.2 Fees in United States courts; collected and the payment of fees turned remittance,

over to the regional commissioner as proAl fees collected for declarations of

vided in $$ 344.2, 344.3 and 344.4 shall be

made on Form N-7 within thirty days intention and petitions for naturalization by clerks of United States district courts

from the close of each quarter of each (except in the District Courts of Guam

and every fiscal year. and the Virgin Islands of the United States) shall be forwarded quarterly by &

PART 349-LOSS OF NATIONALITY remittance payable to the order of the

8 349.I Japanese renunciation of na"Immigration and Naturalization Serv

tionality. ice, Department of Justice," to the ro

A Japanese who renounced United gional commissioner having administra

States nationality pursuant to the protive jurisdiction over the place in which

visions of section 401(i), Nationality Act the court is located.

of 1940, who claims that his renunciation (26 F.R. 4606, May 26, 1961)

is void, shall complete Form N-576, Sup8 344.3 Fees in other than United States plemental Affidavit to be Submitted with courts; remittance,

Applications of Japanese Renunciants. One-half of all fees collected for dec- The affidavit shall be submitted to the larations of intention and petitions for Assistant Attorney General, Civil Divi

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