pared by the regional commissioner containing his own views and recommendations for presentation to the court. Rulings of the Attorney General or the Commissioner concerning an interpretation of law, as distinguished from an application of the law to the facts, shall be binding upon the designated examiner and the regional commissioner.

[22 F.R. 9822, Dec. 6, 1957, as amended at 25 F.R. 10495, Nov. 2, 1960]

§ 335.13 Notice of recommendation of designated examiner.

(a) Recommendation that petition be denied. When the designated examiner proposes to recommend denial of the petition, the petitioner or his attorney or representative shall be notified thereof and furnished a copy of the designated examiner's memorandum. The notice shall be given in conjunction with notification of the date, place, and time of holding the final hearing. The notice shall be sent by certified mail, with return receipt requested, after any review made by the regional commissioner.

(b) Recommendation that petition be granted. When the designated examiner purposes to recommend granting of the petition and to present the facts and issues to the court, the petitioner or his attorney or representative shall be notified of the recommendation and furnished a copy of the designated examiner's memorandum prior to the date of the hearing, and after any review made by the regional commissioner.

(c) Disagreement between recommendations of designated examiner and the regional commissioner. In those cases reviewed by the regional commissioner in which his views and recommendations do not agree with those of the designated examiner, the notice required by paragraphs (a) and (b) of this section shall also advise the petitioner of the recommendation of the regional commissioner and that both recommendations will be presented to the court. There shall also be enclosed with such notice a copy of the regional commissioner's memorandum.

(d) Briefs. If the petitioner intends to file a brief or memorandum at the final hearing, he shall furnish a copy thereof to the Service office from which the notice on Form N-425 emanated at least 5 days prior to the date of the final hearing. Failure to do so will result in a motion for a continuance if deemed

335b.2 335b.3

Substitution of witnesses.
Depositions.

AUTHORITY: The provisions of this Part 335b issued under secs. 103, 332, 335, 66 Stat. 173, 252, 255; 8 U.S.C. 1103, 1443, 1446.

SOURCE: The provisions of this Part 335b appear at 23 F.R. 5820, Aug. 1, 1958.

§ 335b.1 Proof of residence and other qualifications.

If oral testimony is taken at the preliminary examination or at the final hearing from witnesses other than the verifying witnesses to cover the petitioner's qualifications during the statutory period, affidavits on Form N-451 shall be executed by them, in duplicate, before the designated examiner or the clerk of the court, one copy of which shall be attached to the original petition and the other to the duplicate petition. § 335b.2

Substitution of witnesses.

When the witnesses who verified the petition have not been excused from appearance at the final hearing and the petitioner is unable to produce them, other witnesses may be presented upon

notice given by the petitioner to the district director within a reasonable time in advance of the date set for final hearing. If any of the verifying witnesses appear to be incompetent and the petitioner has acted in good faith in producing them, other witnesses may be substituted upon similar notice. A final hearing shall not be held until after examination of the substitute witnesses by a Service representative and an affidavit on Form N-451 has been executed, in duplicate, by the witnesses before such representative or the clerk of the court in the manner described in § 335b.1.

§ 335b.3 Depositions.

(a) In the United States. Depositions may be used to prove compliance with the requirements for naturalization during any period except the minimum period of State residence. Such depositions shall be taken only upon written interrogatories on Form N-462A. Except as otherwise provided in this section, they shall be made in the United States before an employee of the Service authorized to administer oaths and take depositions under Part 332d of this chapter, unless there is a likelihood of unusual delay or hardship, in which case the district director may authorize such depositions to be taken before a postmaster, without charge, or before a notary public or other person authorized to administer oaths for general purposes. In cases in which the depositions are taken other than before an employee of the Service or a postmaster, the petitioner, independently of the Service, shall arrange with the officer who will take the depositions to defray all costs and expenses incident thereto. The petitioner or his attorney or representative may be present when the depositions are taken. Depositions taken under this section shall be sent to the district director having administrative supervision over the territory in which the petition is pending and by him forwarded to the clerk of the naturalization court prior to the final hearing for filing with the petition.

(b) Outside the United States. Petitioners for naturalization who are exempt from the usual requirement of residence and physical presence in the United States, but who are required to establish good moral character, attachment to the principles of the Constitution, and favorable disposition to the

good order and happiness of the United States for the period applicable to their cases, and who were absent from or were not residents of the United States during such period, may establish their qualifications during the periods of absence by depositions taken outside the United States in the manner described in paragraph (a) of this section. Such depositions shall be taken before any employee of the United States designated for that purpose by the Commissioner. The petitioner shall be informed that he will be required to defray all costs and expenses of the person taking the depositions, as may be authorized by law, and that the petitioner shall arrange with the deponents for the payment of such costs and expenses independently of the Service.

PART 335c-INVESTIGATIONS OF PETITIONERS FOR NATURALIZATION § 335c.1 Investigations; authority to waive.

The authority to waive personal investigations of petitioners for naturalization under the provisions of section 335 (a) of the Immigration and Nationality Act may be exercised by district directors. (Secs. 103, 316, 319, 322, 323, 328, 332, 335, 66 Stat. 173, 242, 244, 246, 249, 252, 255; 8 U.S.C. 1103, 1427, 1430, 1433, 1434, 1439, 1443, 1446) [22 F.R. 9823, Dec. 6, 1957]

§ 336.11 Notice to Service; personal representation of Government at naturalization proceedings.

At least 30 days prior to the holding of any naturalization proceedings referred to in section 336(d) of the act, the clerk of the naturalization court shall give written notice to the appropriate district director of the time, date, and place of such proceedings. Such notice may be waived by the district director. Final naturalization hearings or other naturalization proceedings shall, whenever practicable, be attended personally by naturalization examiners or other members of the Service, who shall present to the court the views and recommendations of the designated examiner and the regional commissioner as appropriate. A Service officer shall personally attend every final hearing at which a petition or formal application for naturalization is to be recommended for denial. If the recommendation of the regional commissioner does not agree with that of the designated examiner, a member of the Service other than the person who conducted the preliminary examination shall, wherever practicable, represent the Service before the court. Such representative may cross-examine the petitioner and his witnesses and may call other witnesses and produce evidence concerning any matter affecting the petitioner's eligibility for naturalization. When necessary, the representative in attendance shall have a stenographic report made of the testimony. [23 F.R. 5820, Aug. 1, 1958]

§ 336.12 Written report in lieu of personal representation.

The

If a preliminary examination has been conducted pursuant to Part 335 of this chapter, and it is impracticable thereafter for a Service representative to be present at the final naturalization hearing, written notice of that fact shall be given by the Service to the court. petitions set down for hearing shall be listed on the appropriate forms prescribed by § 336.13. If continuance of the petition is desired, the basis therefor shall be set forth. The forms and memoranda shall be transmitted to the clerk of court, who shall submit the appropriate lists and orders to the court in accordance with the procedure described in § 336.13.

[23 F.R. 5821, Aug. 1, 1958, as amended at 30 F.R. 13005, Oct. 13, 1965]

§ 336.13 Preparation of lists and orders of court for presentation at final hearing.

(a) At or prior to the final naturalization hearing the representative attending the hearing shall submit to the court lists and orders of court, in duplicate, on Forms N-480, N-481, or N-485, as appropriate, for petitions recommended to be granted, and on Form N-484 for petitions recommended to be denied; except that all grant and denial lists and orders of the regional commissioner, and denial lists and orders relating to petitions filed under section 322 and section 323 of the Act shall not be on any prescribed published form, but shall be properly drawn as needed on an individual basis. Lists and orders for petitions recommended to be continued also shall not be on any prescribed published form, but shall be drawn as needed on an individual basis. The regional commissioner's lists shall be signed by the district director. After the final hearing, and after any required amendments therein have been made, the presiding judge shall sign the orders of the court.

(b) [Reserved]

(c) When the court does not waive the taking of the oath of allegiance in the case of a child, the order of court granting the petition shall be amended by changing the word "waived" to "taken”.

(d) The originals of all court orders and lists specified in this section shall be filed permanently in the court, and the duplicates forwarded by the clerk of court to the appropriate field office of the Service for retention by such office. The same disposition shall be made of any list presented to, but not approved by, the court.

[22 F.R. 9823, Dec. 6, 1957; 22 F.R. 9520, Nov. 28, 1957, as amended at 30 F.R. 6940, May 22, 1965; 32 F.R. 13756, Oct. 3, 1967; 35 F.R. 1045, Jan. 27, 1970]

§ 336.14 Presentation of recommendations of designated examiner and the regional commissioner at final hearing.

At the final hearing or prior thereto, in addition to the lists prepared under § 336.13, there shall be presented to the court and made a part of the record in the case, the memoranda of the designated examiner and the regional commissioner prepared pursuant to the provisions of Part 335 of this chapter. [30 F.R. 13005, Oct. 13, 1965]

§ 336.15 Final hearing: sickness or disability of petitioner; investigation. Whenever it appears that a petitioner for naturalization may be unable, because of sickness or other disability, to appear in open court for final hearing upon his petition for naturalization, the district director shall cause an investigation to be conducted to determine the circumstances and shall report the condition of the petitioner to the clerk of court for the purpose of aiding the court to determine whether another place for the final hearing shall be designated. The report shall show whether the sickness or other disability is of a nature which so incapacitates the person as to prevent him from appearing in open court.

[22 F.R. 9824, Dec. 6, 1957]

§ 336.16 Final hearing; waiver of 30day period.

A petitioner for naturalization may request the district director, in writing, to waive the 30-day period following the filing of the petition referred to in section 336(c) of the Immigration and Nationality Act. The waiver request shall set forth all the facts and circumstances which the petitioner believes will be in the public interest. Such request may be made at any time after an application to file a petition for naturalization has been filed with the Service. The district director shall cause a full and complete investigation to be conducted and if such investigation satisfactorily establishes that such waiver will be in the public interest, he may, in his discretion, grant the waiver.

[35 F.R. 1045, Jan. 27, 1970]

§ 336.16a Final hearing; execution of questionnaire.

Immediately prior to the commencement of the final hearing, each person filing a petition for naturalization in his own behalf shall execute the questionnaire on Form N-445; or, if such person is filing a petition for naturalization in behalf of a child pursuant to section 322 or 323 of the Immigration and Nationality Act, said child being 13 years of age or older on the date of the final hearing, such person shall execute the questionnaire on Form N-445E.

[36 F.R. 11636, June 17, 1971]

§ 336.17 Substitution of witnesses.

337.3

Persons naturalized by

Judicial

Renunciation of title or order of nobility.

337.4 837.11 Oath of renunciation and allegiance; sickness or disability of petitioner. AUTHORITY: The provisions of this Part 337 issued under secs. 103, 322, 323, 332, 337, 66 Stat. 173, 246, 252, 258; 8 U.S.C. 1103, 1433, 1434, 1443, 1448.

When requests for change of name granted.

SOURCE: The provisions of this Part 337 appear at 22 F.R. 9824, Dec. 6, 1957, unless otherwise noted.

§ 337.1 Oath of allegiance.

(a) Form of oath. Except as otherwise provided in the Immigration and Nationality Act, a petitioner or applicant for naturalization shall, before being admitted to citizenship, take in open court the following oath of allegiance, to which he shall affix his signature on his petition or application for naturalization:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all alleglance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.

(b) Alteration of form of oath; affirmation in lieu of oath. In those cases in which a petitioner or applicant for naturalization is exempt from taking the oath prescribed in paragraph (a) of this section in its entirety, the inapplicable clauses shall be deleted and the oath shall be taken in such altered form. When a petitioner or applicant for naturalization, by reason of religious training and belief (or individual interpretation thereof), or for other reasons of good conscience, cannot take the oath prescribed in paragraph (a) of this section with the words 'on oath' and 'so help me

God' included, the words 'and solemnly affirm' shall be substituted for the words 'on oath,' the words 'so help me God' shall be deleted, and the oath shall be taken in such modified form.

(c) Obligations of oath. A petitioner or applicant for naturalization shall, before being naturalized, establish that it is his intention, in good faith, to assume and discharge the obligations of the oath of allegiance, and that his attitude toward the Constitution and laws of the United States renders him capable of fulfilling the obligations of such oath. [22 F.R. 9824, Dec. 6, 1957, as amended at 24 F.R. 2584, Apr. 3, 1959; 3 2F.R. 13756, Oct. 3, 1967]

§ 337.2 Persons naturalized by judicial action; effective date.

Any person who was or shall hereafter be admitted to citizenship by the written order of a naturalization court, shall be deemed to be a citizen of the United States as of the date of taking the prescribed oath of allegiance. Whenever a waiver of such oath is granted by the court in the case of a child naturalized under section 322 or 323 of the Immigration and Nationality Act, the child shall become a citizen of the United States as of the date of such waiver. § 337.3

Renunciation of title or order of nobility.

A petitioner for naturalization who has borne any hereditary title or has been of any of the orders of nobility in any foreign state, shall, in addition to taking the oath of allegiance prescribed by § 337.1, make under oath in open court an express renunciation of such title or order of nobility, in the following form:

I further renounce the title of (give title or which I have heretofore held; or

337.11 Oath of renunciation and allegiance; sickness or disability of petitioner.

Whenever it appears that a petitioner for naturalization may be unable because of sickness or other disability to take the oath of allegiance in open court, the district director shall cause an investigation to be conducted to determine the circumstances, and shall re port the condition of the petitioner to the naturalization court for the purpose of aiding the court to determine whether the oath may be taken at another place. The report shall show whether the sickness or other disability is of a nature which so incapacitates the person as to prevent him from appearing in open court.

338.15 338.16

Signing of certificate.

Correction of certificates.

AUTHORITY: The provisions of this Part 338 issued under secs. 103, 322, 323, 332, 333, 336, 338. 339. 66 Stat. 173, 246, 252, 253, 257, 259; 8 U.S.C. 1103, 1433, 1434, 1443, 1444, 1447, 1449, 1450.

SOURCE: The provisions of this Part 338 appear at 22 F.R. 9824, Dec. 6, 1957, unless otherwise noted.

§ 338.11 Exception and issuance.

When a petitioner for naturalization has duly taken and subscribed to the oath of allegiance and a final order admitting petitioner to citizenship has been duly signed by the court, a certificate of naturalization shall be issued by the clerk of the court on Form N-550, in duplicate. The certificates and the stub of the original thereof shall be signed by the petitioner. The certificate shall show under "former nationality" the name of the country of which the petitioner was last a citizen, as shown in the petition, even though petitioner may have been stateless at the time of admission to citizenship. The clerk or his deputy shall endorse the alien registration number on the stubs of the certificates, shall sign the certificates in his own handwriting, and enter on the stubs all the essential facts set forth in the certifi-. cates. Both copies of the certificate.