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PART 322-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: CHILDREN OF CITIZEN PARENT

Sec.

322.1 [Reserved]

322.2 Eligibility.

322.3 Jurisdiction for filing application.

322.4 Application and examination on the

application.

322.5 Oath of allegiance.

AUTHORITY: 8 U.S.C. 1103, 1433, 1443, 1448.

SOURCE: 56 FR 50489, Oct. 7, 1991, unless otherwise noted.

§ 322.1 [Reserved]

§ 322.2 Eligibility.

(a) General. To be eligible for naturalization under section 322 of the Act, a child on whose behalf an application for naturalization has been filed by a parent who is, at the time of filing, a citizen of the United States, must:

(1) Be unmarried and under 18 years of age, both at the time of application and at the time of admission to citizenship;

(2) Reside permanently in the United States, in the physical and legal custody of the applying citizen parent, pursuant to a lawful admission for permanent residence;

(3) Be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; a child under the age of fourteen will generally be presumed to satisfy this requirement;

(4) Comply with all other requirements for naturalization as provided in the Act and in part 316 of this chapter, including the disqualifications contained in sections 313, 314, 315, and 318 of the Act, except:

(i) The child is not required to satisfy the residence requirements under §316.2 (a)(3), (a)(4), (a)(5), or (a)(6) of this chapter; and,

(ii) The child is exempt from the literacy and knowledge requirements under section 312 of the Act.

(b) Definition of Child. For purposes of this part,

(1) The definition of child includes: (i) A legitimate child;

(ii) A child who is legitimated before the child reaches age 16 under the laws of the child's residence or domicile, or under the laws of the father's residence or domicile, whether inside or outside of the United States, if such legitimation takes place while the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;

(iii) An illegitimate child if the application is being submitted by the child's natural mother; or

(iv) A child who is adopted before the child reaches age 16.

(2) The definition of child does not include:

(i) A stepchild; or

(ii) An illegitimate child, except as provided in paragraph (b)(1)(iii) of this section, even if the child is recognized but not legitimated by the father.

(c) Adopted children of a parent who meets the criteria of section 319(b)(1) of the Act. An adopted child who is in the United States at the time of naturalization is also exempt from the residence requirements of §316.2(a)(5) of this chapter if the child's adoptive citizen parent:

(1) Meets the criteria of section 319(b)(1) of the Act;

(2) Applies for naturalization of the child under section 322(c) of the Act; and

(3) Declares before the Service an intention in good faith to take up residence within the United States immediately upon termination of employment described in section 319(b)(1)(B) of the Act.

[56 FR 50489, Oct. 7, 1991, as amended at 58 FR 49913, Sept. 24, 1993]

§ 322.3 Jurisdiction for filing application.

(a) The application for naturalization under section 322(a) of the Act must be filed with the office of the Service having jurisdiction over the place of residence of the child and the child's citizen parent.

(b) An application for naturalization under section 322(c) of the Act and §322.2(c) may be filed in any office of the Service without regard to residence.

§ 322.4 Application and examination on the application.

(a) An application for naturalization under this section in behalf of a child shall be submitted on Form N-400 by the citizen parent. If the child is over the age of fourteen, Form FD-258, fingerprint card, must accompany the application.

(b) The application must be accompanied by proof of:

(1) The child's admission for lawful permanent residence;

(2) The applying citizen parent's United States citizenship; and

(3) The relationship between the child and applying citizen parent.

(c) In the case of an applicant under section 322(c) of the Act, the citizen parent shall also submit a statement of intent containing the following information about the citizen parent's employment and the child's intentions following naturalization:

(1) The name of the employer and either the nature of the employer's business, or the ministerial, religious, or missionary activity in which the employer is engaged;

(2) Whether the employing entity is owned in whole or in part by United States interests;

(3) Whether the employing entity is engaged in whole or in part in the development of the foreign trade and commerce of the United States;

(4) The nature of the activity in which the citizen parent is engaged;

(5) The anticipated period of employment abroad;

(6) The child's intention to reside abroad with the citizen parent: and

(7) Whether the citizen parent intends to take up residence within the United States immediately upon the termination of such employment abroad of the citizen parent.

(d) In the case of a citizen parent whose employment abroad is in connection with his or her membership in the Armed Forces of the United States, a properly executed DD Form 1278 will satisfy the requirements of paragraph (c) of this section.

(e) The child and the citizen parent must both appear at the examination on the application.

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324.2 Former citizen at birth or by naturalization.

324.3 Women, citizens of the United States at birth, who lost or are believed to have lost citizenship by marriage and whose marriage has terminated.

324.4 Women restored to United States citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940.

324.5 Former citizen of the United States whose naturalization by taking the oath is authorized by a private law.

AUTHORITY: 8 U.S.C. 1103, 1435, 1443, 1448, 1101 note.

$324.1 Definitions.

As used in this part:

Oath means the Oath of Allegiance as prescribed in section 337 of the Act.

[56 FR 50490, Oct. 7, 1991]

$324.2 Former citizen at birth or by naturalization.

(a) Eligibility. To be eligible for naturalization under section 324(a) of the Act, an applicant must establish that she:

(1) Was formerly a United States citizen:

(2) Lost or may have lost United States citizenship:

(i) Prior to September 22, 1922, by marriage to an alien, or by the loss of United States citizenship of the applicant's spouse; or

(ii) On or after September 22, 1922, by marriage before March 3, 1931 to an alien ineligible to citizenship;

(3) Did not acquire any other nationality by affirmative act other than by marriage;

(4) Either:

(i) Has resided in the United States continuously since the date of the marriage referred to in paragraph (a)(2) of this section; or

(ii) Has been lawfully admitted for permanent residence prior to filing an application for naturalization;

(5) Has been and is a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States, for the period of not less than five years immediately preceding the examination on the application for naturalization up to the time of admission to citizenship; and

(6) Complies with all other requirements for naturalization as provided in part 316 of this chapter, except that:

(i) The applicant is not required to satisfy the residence requirements under §316.2(a)(3) through (a)(6) of this chapter; and,

(ii) The applicant need not set forth an intention to reside permanently within the United States.

(b) Application. An applicant for naturalization under this section must submit an application on Form N-400, as required by §316.4 of this chapter. The application must be accompanied by a statement describing the applicant's eligibility as provided in paragraph (a) of this section as well as any available documentation to establish those facts. An application under this section shall be filed with the Service office having jurisdiction over the place of residence of the applicant.

[56 FR 50490, Oct. 7, 1991]

$324.3 Women, citizens of the United

States at birth, who lost or are believed to have lost citizenship by marriage and whose marriage has terminated.

(a) Eligibility. To be eligible for naturalization under section 324(c) of the Act, an applicant must establish:

(1) That she was formerly a United States citizen by birth;

(2) That she lost or may have lost her United States citizenship:

(i) Prior to September 22, 1922, by marriage to an alien; or

(ii) on or after September 22, 1922, by marriage to an alien ineligible to citizenship before March 3, 1931;

(3) That the marriage specified in paragraph (a)(2) of this section terminated subsequent to January 12, 1941;

(4) That she did not acquire any other nationality by affirmative act other than by marriage; and

(5) That she is not proscribed from naturalization under section 313 of the

Act.

(b) Procedures—(1) Application. An applicant eligible for naturalization pursuant to paragraph (a) of this section, who desires to regain citizenship pursuant to section 324(c) of the Act, shall submit, without fee, an Application for Naturalization, form N-400, to the office of the Service having jurisdiction over her place of residence as evidence of her desire to take the oath.

(2) Oath of Allegiance. The district director shall review the applicant's submission, and shall inform the applicant of her eligibility under section 324(c) of the Act to take the oath in conformity with part 337 of this chapter. After the applicant has taken the oath, the applicant will be furnished with a copy of the oath by the clerk of the Court or the Service, as appropriate, properly certified, for which a fee not exceeding $5 may be charged. The oath may also be taken abroad before any diplomatic or consular officer of the United States, in accordance with such regulations as may be prescribed by the Secretary of State.

[56 FR 50490 and 50491, Oct. 7, 1991]

$324.4 Women restored to United States citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940.

A woman who was restored to citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940, but who failed to take the oath of allegiance prescribed by the naturalization laws prior to December 24, 1952, may take the oath before any naturalization court or office of the Service within the United States. Such woman

shall comply with the procedural requirements of §324.4(b) and (c) except that a fee not exceeding $1.00 may be charged if the woman requests a copy of the oath.

[22 FR 9814, Dec. 6, 1957. Redesignated and amended at 56 FR 50490 and 50491, Oct. 7, 1991]

$324.5 Former citizen of the United

States whose naturalization by taking the oath is authorized by a private law.

A former citizen of the United States whose naturalization by taking the oath before any naturalization court or office of the Service within the United States is authorized by a private law shall submit to the Service an application on Form N-400, without fee. The application to the court shall be made on Form N-400, in triplicate, amended as set forth in this chapter. A copy of the private law shall be attached to Form N-408. The provisions of § 324.5(c) relating to fees and copies of the oath will apply to a proceeding under this section.

[23 FR 2673, Apr. 23, 1958. Redesignated and amended at 56 FR 50490 and 50491, Oct. 7, 1991]

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(a) For purposes of applying the residence and physical presence requirements in parts 316 and 319 of this chapter, except as they relate to the required three months' residence in a State or Service district, residence and physical presence in an outlying possession of the United States will count as residence and physical presence in the United States.

(b) An applicant who intends to resume residence in an outlying possession after naturalization will be regarded as having established that he or she intends to reside permanently in the United States.

§ 325.4 Application; documents.

(a) An application for naturalization under this part shall be submitted in compliance with §316.4(a) of this chap

ter.

(b) The applicant shall submit with the application:

(1) A birth certificate or other evidence of national status;

(2) Proof of identity; and

(3) Evidence of actual residence in the State or Service district in the United States where the application is filed for three months immediately

PART 325-NATIONALS BUT NOT
CITIZENS OF THE UNITED STATES; preceding the filing of the application,
RESIDENCE WITHIN OUTLYING
POSSESSIONS

Sec.

325.1 [Reserved]

325.2 Eligibility.

325.3 Residence.

325.4 Application; documents.

AUTHORITY: 8 U.S.C. 1103, 1436, 1443.

SOURCE: 56 FR 50491, Oct. 7, 1991, unless otherwise noted.

§ 325.1 [Reserved]

§ 325.2 Eligibility.

An applicant for naturalization under section 325 of the Act who owes permanent allegiance to the United States, and who is otherwise qualified may be naturalized if:

(a) The applicant becomes a resident of any State; and

(b) The applicant complies with all of the applicable requirements in parts 316 or 319 of this chapter, as appropriate, except as modified in this part.

or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act.

PART 327-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS WHO LOST UNITED STATES CITIZENSHIP THROUGH SERVICE IN ARMED FORCES OF FOREIGN COUNTRY DURING WORLD WAR II

Sec.

327.1 Eligibility.

327.2 Procedure for naturalization. AUTHORITY: 8 U.S.C. 1103, 1438, 1443.

§ 327.1 Eligibility.

To be eligible for naturalization under section 327 of the Act, an applicant must establish that:

(a) The applicant, on or after September 1, 1939 and on or before September 2, 1945:

(1) Served in the military, air or naval forces of any country at war with a country with which the United States was at war after December 7, 1941 and before September 2, 1945; or

(2) Took an oath of allegiance or obligation for purposes of entering or serving in the military, air, or, naval forces of any country at war with a country with which the United States was at war after December 7, 1941 and before September 2, 1945;

(b) The applicant was a United States citizen at the time of the service or oath specified in paragraph (a) of this section;

(c) The applicant lost United States citizenship as a result of the service or oath specified in paragraph (a) of this section;

(d) The applicant has been lawfully admitted for permanent residence and intends to reside permanently in the United States;

(e) The applicant is, and has been for a period of at least five years immediately preceding taking the oath required in §327.2(c), a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and

(f) The applicant has complied with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in §316.2 (a)(3) through (a)(6) of this chapter.

[56 FR 50492, Oct. 7, 1991]

$327.2 Procedure for naturalization.

(a) Application. An applicant who is eligible for naturalization pursuant to section 327 of the Act and §327.1 shall submit an Application for Naturalization, Form N-400, in accordance with §316.4 of this chapter, to the Service office having jurisdiction over the applicant's place of residence. Such application must be accompanied by a statement describing the applicant's eligibility under § 327.1 (a), (b), and (c) and any available documentation to establish those facts.

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Honorable service means only that military service which is designated as honorable service by the executive department under which the applicant performed that military service. Any service that is designated to be other than honorable will not qualify under this section.

Service in the Armed Forces of the United States means:

(1) Active or reserve service in the United States Army, United States Navy, United States Marines, United States Air Force, or United States Coast Guard; or

(2) Service in a National Guard unit during such time as the unit is Federally recognized as a reserve component of the Armed Forces of the United States.

§ 328.2 Eligibility.

To be eligible for naturalization under section 328(a) of the Act, an applicant must establish that the applicant:

(a) Has served honorably in and, if separated, has been separated honorably from, the Armed Forces of the United States;

(b) Has served under paragraph (a) of this section for a period of three or more years, whether that service is continuous or discontinuous;

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