Such

but who failed to take the oath of allegiance prescribed by the naturalization laws prior to December 24, 1952, may take the oath of allegiance prescribed by Part 337 before any naturalization court on or after December 24, 1952. woman shall comply with the procedural requirements of § 324.12 except that a fee not exceeding $1.00 may be charged if the woman demands the triplicate copy of Form N-408, properly certified. [22 F.R. 9814, Dec. 6, 1957]

§ 324.14 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 prescribed in section 337 of the Immigration and Nationality Act before any naturalization court is authorized by a private law shall subrnit to the Service a preliminary application on Form N401. The application to the court shall be made on Form N-408, in triplicate, amended as set forth in § 332a.13 of this chapter. A copy of the private law shall be attached to Form N-408. The provisions of § 324.12 relating to fees and the disposition of Form N-408 apply equally to a proceeding under this section.

[23 F.R. 2673, Apr. 23, 1958]

§ 324.15 Certificate by examiner when petitioner is entitled to an immediate hearing.

The officer or employee conducting the preliminary investigation shall execute a certificate of examination on Form N-440, in duplicate, for attachment to the original and duplicate petitions for naturalization filed under section 324(a) of the Act.

[25 F.R. 13686, Dec. 24, 1960]

petition for naturalization of such person shall be filed on Form N-405, in duplicate. There shall be inserted after averment 13 a Form N-405 at the time of the filing an averment of the petitioner's loss of citizenship, as follows:

(If petition filed under section 327) While a citizen of the United States, I entered the armed forces of (country) whereby I lost my U.S. citizenship by reason of entering or serving in such armed forces or by taking an oath or obligation in connection therewith. Upon naturalization, two copies of the original petition for naturalization containing the oath of allegiance duly attested and certified by the clerk, shall be forwarded by the clerk to the district director. The district director shall file one copy with the service record and transmit the other copy to the Department of State. The petitioner shall pay to the clerk of the naturalization court at the time the petition is filed a fee of $25, unless the petitioner is exempt therefrom under section 344(h) of the Immigration and Nationality Act or has been granted a waiver of the fee under the provisions of § 103.7 (c) of this chapter."

(Secs. 103, 327, 332, 344, 66 Stat. 173, 248, 252, 264; 8 U.S.C. 1103, 1438, 1443, 1455) [31 F.R. 14079, Nov. 3, 1966, as amended at 31 F.R. 14629, Nov. 17, 1966; 37 F.R. 14289, June 19, 1972]

AUTHORITY: The provisions of this Part 328 issued under secs. 103, 328, 332, 66 Stat. 173, 249, 252; 8 U.S.C. 1103, 1439, 1443.

§ 328.1 Continuous service.

A person of a class described in section 328(a) of the act, whose service in the armed forces of the United States aggregating three years has been continuous, shall establish that he is in the United States pursuant to a lawful admission for permanent residence, whether or not such admission occurred before or after service in the armed forces, if the petition is filed within six months after termination of such service. Such person shall establish his good moral

A person of the class described in section 328 of the act shall submit an application to file a petition for naturalization on Form N-400. The duly authenticated copies of the records and the certified statements of the executive departments described in section 328 of the act shall be requested by the applicant on Form N-426, in triplicate, and submitted to the Service with Form N-400. A person of the class described in § 328.1 or § 328.2 may file his petition for naturalization in any naturalization court, regardless of his place of residence. The petition for naturalization shall be filed on Form N-405, in duplicate.

[23 F.R. 5819, Aug. 1, 1958, as amended at 31 F.R. 14078, Nov. 3, 1966]

A person of the class described in section 329 or 402(e) of the act shall submit an application to file a petition for naturalization on Form N-400. The certification required by section 329 (b) (4) of the act to prove service shall be requested by the applicant on Form N-426, in triplicate, and submitted to the Service with Form N-400. The petition for naturalization shall be filed on Form N-405, in duplicate, in any naturalization court, regardless of the residence of the petitioner.

[23 F.R. 5819, Aug. 1, 1958, as amended at 31 F.R. 14078, Nov. 3, 1966]

A person of the class described in section 330(a)(1) of the act shall submit an application to file a petition for naturalization on Form N-400 and supplemental Form N-400B. The petition for naturalization shall be filed on Form N405, in duplicate, in a naturalization court having jurisdiction over the petitioner's place of residence. The duly authenticated copies of the records or certificates described in section 330(a) (1) of the act shall be accepted as proof of good moral character, attachment to the principles of the Constitution, and favorable disposition to the good order and happiness of the United States for that portion of the service performed within the period of five years immediately preceding the date of the petition. (Secs. 103, 330, 332, 66 Stat. 173, 251, 252; 8 U.S.C. 1103, 1441, 1443) [23 F.R. 5819, Aug. 1, 1958, as amended by 31 F.R. 14078, Nov. 3, 1966]

zation and his witnesses shall appear in person before an officer of the Service authorized to administer oaths or affirmations, prior to the filing of a petition for naturalization, and give testimony under oath or affirmation concerning the applicant's mental and moral qualifications for citizenship, attachment to the principles of the Constitution, and disposition to the good order and happiness of the United States, the qualifications of the witnesses, and the other qualifications to become a naturalized citizen as required by law. The investigation shall be uniform throughout the United States. During the interrogation of the applicant and at his request, his attorney, or representative who has filed an appearance in accordance with Part 292 of this chapter may be permitted to be present and observe the interrogation and make notes without otherwise participating therein. During the interrogation of the applicant and his witnesses and at the applicant's request, his attorney or representative who has filed an appearance in accordance with Part 292 of this chapter may be permitted to be present and observe the interrogation and make notes without otherwise participating therein.

(b) Conduct of investigation. The Service officer, prior to the beginning of the investigation, shall make known to the applicant and the witnesses the official capacity in which he is conducting the investigation. The applicant and such witnesses shall be questioned under oath or affirmation separately and apart from one another and apart from the public. The applicant shall be questioned as to each assertion made by him in his application to file a petition and in any supplemental form. Whenever necessary, the written answers in the forms shall be corrected by the officer to conform to the oral statements made under oath or affirmation. The Service officer, in his discretion, may have a stenographic transcript made, or prepare affidavits covering testimony of the applicant or witnesses. The questions to the applicant and the witnesses shall be repeated in different form and elaborated, if necessary, until the officer conducting the investigation is satisfied that the person being questioned fully understands them. At the conclusion of the investigation all corrections made on the application form and supplements thereto shall be consecutively numbered and recorded in the

space provided therefor in the applicant's affidavit contained in the form. The affidavit shall then be subscribed and sworn to or affirmed by the applicant and signed by the Service officer. The witnesses shall be questioned to develop their own credibility and competency as well as the extent of their personal knowledge of the applicant's qualifications to become a naturalized citizen. If the applicant is excepted from the requirement of reading and writing, and speaking English, the questioning, including the examination of the applicant's knowledge and understanding of the Constitution, history, and form of Government of the United States, may be conducted through an interpreter.

[22 F.R. 9816, Dec. 6, 1957, as amended at 25 F.R. 13686, Dec. 24, 1960; 37 F.R. 2767, Feb. 5, 1972]

§ 332.13 Use of record of preliminary investigation.

The record of the preliminary investigation, including the executed and corrected application form and supplements thereto, affidavits, transcripts of testimony, documents and other evidence, shall be submitted to the examiner designated to conduct a preliminary examination pursuant to Part 335 of this chapter, for his use in examining the petitioner and witnesses.

[30 F.R. 13005, Oct. 13, 1965]

PART 332a-OFFICIAL FORMS

Sec. 332a.1

332a.2

332a.11 332a.12

332a.13

Official forms essential to exerciseof jurisdiction.

Official forms prescribed for use of clerks of naturalization courts. Initial application for official forms. Subsequent application for official forms.

Alteration of forms of petitions or applications for naturalization. AUTHORITY: The provisions of this Part 332a issued under secs. 103, 310, 332, 66 Stat. 173, 239, 252; 8 U.S.C. 1103, 1421, 1443.

SOURCE: The provisions of this Part 332a appear at 22 F.R. 9817, Dec. 6, 1957, unless otherwise noted.

§ 332a.1 Official forms essential to exercise of jurisdiction.

Before exercising jurisdiction in naturalization proceedings, the naturalization court shall direct the clerk of such court upon written application to obtain from the Service, in accordance with section:

Included with the initial supply of official forms, records, and books furnished to the various courts by the Service shall be Form N-3 entitled "Requisition for Forms and Binders," and thereafter such forms shall be used by clerks of courts in making requisition for forms, records, books, and supplies for use in naturalization proceedings in their respective courts.

§ 332a.13 Alteration of forms of petitions or applications for naturalization.

The official forms for petitions or applications for naturalization to the court shall be altered by the clerk of the court as follows:

(a) Insertion of applicable acts or sections of acts. Whenever the petition form is designed for use under more than one act or more than one section of an act, by inserting under the title of the form the applicable act or section.

(b) Exemption from residence от physical presence in the United States or State. Whenever residence or physical presence in the United States or State for any specified period is not required, by striking out the allegations relating thereto and the statements in the affidavits of witnesses as to the period of United States or State residence or physical presence.

(c) Exemption from lawful admission for permanent residence. Whenever lawful admission for permanent residence is not required, by striking out the allegations relating thereto.

(d) Exemption from intention to reside permanently in the United States. Whenever intention to reside permanently in the United States is not required, by striking out the allegations relating thereto.

(e) Supplemental affidavits filed with petition for naturalization. Whenever a

supplemental affidavit is filed with the petition, by inserting in allegation (19) on Form N-405 the form number thereof. (f) Oath of allegiance. Whenever the petitioner or applicant for naturalization is exempt from taking the oath of allegiance prescribed in Part 337 of this chapter in its entirety, by striking from the oath of allegiance the inapplicable clauses.

(g) Naturalization authorized by private law. Whenever Form N-408 is filed pursuant to § 324.14 of this chapter, the form shall be amended by inserting the words "Under Private Law Number

Congress" under the title in lieu of the printed matter set forth thereunder; by replacing averment 7 with an allegation indicating the manner in which United States citizenship was lost; by substituting the words "as indicated in averment 7" for the words "by marriage" which appear in averment 8; by deleting averment 10; and by changing the period at the end of averment 11 to a comma and adding “pursuant to Private Law Number Congress, a copy of which is attached to this application." (h) Previous filing of another petition. Whenever the petitioner has previously filed another petition for naturalization the word "not" shall be stricken from the appropriate allegation.

11119

(i) Benefits of section 328 (d) or 330 (a), Immigration and Nationality Act claimed. Whenever residence and physical presence benefits are claimed, by inserting an allegation (14): I claim the benefits of section 328 (d) (or 330(a)), Immigration and Nationality Act.

(j) Benefits of section 319 (c) of the Act claimed. Whenever the benefits of section 319 (c) of the Act are claimed, by inserting in allegation (14) the statement "I have been employed continuously for a period of not less than 5 years after a lawful admission for permanent residence, by a U.S. incorporated nonprofit organization recognized by the Attorney General as being principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes U.S. interests abroad and, upon such basis, I claim the benefits of section 319(c), Immigration and Nationality Act." If the person filing the petition is not then employed by the organization, the statement "My employment terminated within 6 months of the filing of my petition." also shall be inserted in allegation (14); or, as an alter