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zenship.

RESIDENT OF OUTLYING POSSESSION

OF THE UNITED STATES Not Born OR NATURALIZED IN THE UNITED STATES BUT WHO OWES PERMANENT ALLEGIANCE, WHETHER A CITIZEN OR NOT, TO THE UNITED STATES 51.71

Resident of outlying possession of
the United States to give facts nec-
essary to determine nationality
status.

Additional documentary evidence of
American nationality.

No fee for extension of passport to make it valid for 2 years from date of issue, etc.

51.121 Remaining validity of more than 6

51.122

51.123

months.

Requests for renewal.

Passport to accompany request for renewal.

51.124 Requests for the extension of the validity of a passport to the 2- or 4-year period.

51.125 Applicant for renewal to submit documentary evidence of the necessity of his journey abroad.

51.126

51.127

51.128

51.129

51.130

51.131

Section 1 of the act of June 4, 1920; fee for executing an application for a passport.

Fees to be retained by clerks of courts other than Federal courts. Section 4 of the act of June 4, 1920;

refunds of passport fees.

Return of passport fees.

Fees erroneously collected.

Inquiries concerning applications submitted.

51.132 Applications to be submitted sufficiently far in advance.

Address of communications.

Applications to be made out com-
pletely on most recent forms.

Denial of passports to members of
Communist organizations.

Limitations on issuance of passports
to certain other persons.

Tentative denial of passports and available administrative procedures.

51.72

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51.133

AFFIDAVITS

51.134 51.135

51.74 Affidavits.

ADDITIONAL REGULATIONS

51.136

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§ 51.1

Authority to issue passports.

Only the Secretary of State may grant and issue passports in the United States. TO WHOM PASSPORTS ARE ISSUED § 51.2

Passports issued only to those owing allegiance to United States.

No passport shall be granted or issued to any other persons than those owing allegiance, whether citizens or not, to the United States (R. S. 4076, 32 Stat. 386; 22 U.S.C. 212).

§ 51.3 Minors; application for passport.

Unless a request is made by the parental or other guardian that a passport be denied, passports may be issued to minors upon their own application. § 51.4 Minors; execution of application.

Children may execute applications in their own behalf when of sufficient intelligence to understand the statements, and the meaning of the oath of allegiance to the United States, contained in the applications.

§ 51.5 Children 12 years of age.

As a rule, children of 12 years of age or more should be required to execute their own applications for passports.

§ 51.6 Parents or guardians may execute applications.

If circumstances warrant, a parent or guardian may execute applications for

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§ 51.9

Parent and unmarried minor children.

A passport issued to a parent may include his or her unmarried minor children or stepchildren.

§ 51.10 Minor brother or sister.

A minor brother or sister may be included in the passport of an older brother or sister.

§ 51.11 Minor grandchild, niece, or nephew.

A minor grandchild, niece, or nephew of tender years may be included in the passport of the relative when the application therefor is accompanied by a request from the parental or other guardian.

§ 51.12 Adopted children.

Adopted children who are American citizens may be included in a passport issued to the adoptive parents.

CROSS REFERENCE: For regulations regarding citizenship of adopted alien children, see § 51.62.

§ 51.13 Minor child who will attain majority within 2 years.

A minor child who will attain majority within 2 years may be included in a passport issued to a parent under the conditions stated in 88 51.7-51.13 but such passport shall be limited in validity to the date when such minor child shall attain majority. In the discretion of the Secretary of State an exception may be made to this section when the minor child will attain majority within a period not exceeding 3 months prior to the date of the expiration of the usual 2-year period for which a passport is issued.

APPLICATIONS FOR PASSPORTS

§ 51.14

Contents of applications. Before a passport is issued to any person by or under the authority of the United States such person shall subscribe to and submit a written application duly verified by his oath before a person authorized and empowered to administer oaths, and each application shall contain a true recital of each and every matter of fact which may be required by law, or by any rules authorized by law, to be stated as a prerequisite to the issuance of any such passport (Sec. 1, 40 Stat. 227; 22 U.S.C. 213).

§ 51.15 Application to be executed in

person.

The application must be executed in person before a clerk of a Federal court or a State court authorized by the act of June 29, 1906, 34 Stat. 596,' to naturalize aliens, or before an agent of the Department of State within the jurisdiction in which the applicant or the witness to his application resides. However, if, for valid reason, the application is executed before such an official elsewhere, the Secretary of State may in his discretion accept such application. § 51.16

Seal of court or agency to be

affixed.

When the application is executed before a clerk of court, the seal of the court must be affixed to the application. When the application is executed before an agent of the Department of State the seal of the agency of the Department of State must be affixed to the application.

§ 51.17

Application not made at or near residence of applicant.

When the application for a passport is not made at or near the place where the applicant resides, the applicant should give the name and address of a reputable person residing at or near the place of the applicant's residence, to whom the clerk of court, the agent of the Department of State, or the Department of State itself, may address such inquiry as may be necessary concerning the applicant. When it is necessary to make inquiries by telegraph the expense thereof shall be borne by the applicant.

1 The act of June 29, 1906, cited in the text of § 51.15, was superseded by the Nationality Act of 1940 (54 Stat. 1140; 8 U. S. C. 701).

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The passport application shall contain the full name of applicant, thus "John Henry Smith," not "J. H. Smith." A married woman's name should, ordinarily, be written thus: "Mary Elizabeth Doe," not "Mrs. John Doe."

§ 51.19 Change of name.

An applicant whose name has been changed by order or decree of a court should submit with his application a certified copy of such order or decree. An applicant who has changed his name by the adoption of a new name without formal court procedure, if he resides in a State where a formal court procedure is not necessary, should submit with his application the affidavits of two or more persons to the effect that he uses the new name exclusively, has used it exclusively for a stated period of time, and is known by such name in the community in which he resides.

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If an applicant desires to use a professional name, he must submit affidavits of two or more persons to the effect that the applicant has used the professional name for a stated period of time. A married woman who uses her maiden name for professional purposes must submit affidavits of two or more persons to the effect that she has used such name for professional purposes for a stated period of time. In the case of an applicant using a professional name, his passport will be written thus: "John Henry Jones (professionally known as Thomas Augustus Smith)." In the case of a married woman using her married name, and also her maiden name as a professional name, the passport will be written thus: "Mary Doe (professionally known as Mary Roe)," and an applicant's name in religion or an author's nom de plume will be similarly written.

§ 51.22

Additional evidence as to name.

The Department of State may, in addition to the evidence required under this part, require such other evidence as it may deem necessary.

CONTENTS OF APPLICATION FOR A PASSPORT § 51.23 Application of native citizen.

Each application of a native citizen for a passport must contain the following:

(a) The applicant's name.

(b) The place and date of applicant's birth.

(c) The name, date and place of birth, and place of residence, of the applicant's father. (If the applicant was born outside of the United States at or after noon, eastern standard time, May 24, 1934, of an alien father and an American mother, a supplemental affidavit shall be required giving the name, and date and place of birth, of the mother and complete data concerning the manner and date of her acquisition of American citizenship.)

(d) The place of permanent residence of the applicant.

(e) Whether the applicant has been naturalized as a citizen of a foreign state or has taken an oath of allegiance to a foreign state.

(f) If the applicant or his father was born abroad, the period of residence of the applicant outside of the United States.

(g) If the applicant's father was born abroad, the date of his emigration to the United States, the period of his residence in the United States, and if naturalized, the date and place of his naturalization as a citizen of the United States.

(h) If the applicant is a woman: Whether she has ever been married; if so, the date of her marriage; the name, and date and place of birth, of her husband; whether he is a citizen of the United States; the place of his residence; her maiden name; whether she was previously married; if so, the name and place of birth of her former husband; the date and place of her former marriage; whether the marriage was terminated by death or divorce and the date thereof; if the present or former husband was born abroad, the date of his emigration to the United States; and if naturalized, the date and place of his naturalization, or if naturalized through his father, the father's name and date and place of his naturalization.

(i) Such further information as the Secretary of State may require to establish satisfactorily the American citizenship of the applicant.

(j) The name of the port from which, and the name and date of sailing of the vessel upon which, the applicant intends to depart from the United States.

(k) The place of issue, and, if possible, the date or approximate date, the number, and the disposition made, of any passport previously issued to the applicant.

(1) The names of the countries the applicant intends to visit and the object of the visit to each. (The Secretary of State may in his discretion require an applicant to submit satisfactory documentary evidence of the object of his visit to each country named in his application.)

(m) The period within which the applicant intends to return to the United States.

(n) A description of the applicant. (0) The applicant's oath or affirmation of allegiance to the United States.

(p) If the applicant desires that members of his family be included in his passport, the information required by § 51.25 shall also be furnished.

(q) The applicant must submit with his application duplicate photographs not more than 3 by 3 inches and not less than 22 by 21⁄2 inches in size, unmounted, printed on thin paper on a light background, showing the full front view of the features of the applicant, and taken within 6 months of the date they are submitted. Snapshot, newspaper, magazine or full-length photographs will not be accepted. One photograph must be signed by the applicant, whose signature should correspond with the signature on the application. The unsigned photograph should be affixed by the clerk of court or passport agent to the application and the seal of the court or passport agency must be impressed on the lower portion of the photograph in such manner as not to obscure the features. The seal of the court or passport agency should not be impressed upon the signed photograph, which should be forwarded to the Department of State to be attached to the passport, if issued. An applicant who is accompanied by members of his family should submit duplicate photographs of the accompanying members. A group photograph is preferable. Photographs

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