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317.11 Appeal by applicant. When an applicant is denied a certificate of identity, he may appeal by a written statement to the Secretary of State, setting forth fully the pertinent facts and the grounds upon which United States nationality is claimed and his reasons for considering that the denial of his application by the diplomatic or consular officer is not justified. The statement shall be executed in quadruplicate and submitted to the diplomatic or consular office in which the denial was made. If the statement contains facts not set forth in the application it shall be sworn to (or affirmed) by the applicant before a diplomatic or consular officer of the United States. The original statement and one copy shall be forwarded by the diplomatic or consular officer to the Department of State with two copies of the application for the certificate of identity and any documentary evidence submitted by the applicant, if the copies have not already been sent to that Department. One copy of the statement shall be retained in the files of the diplomatic or consular office in which the denial was made and one copy returned to the applicant. If it is not practicable for the statement to be sworn to or affirmed by the applicant in the diplomatic or consular office in which the denial was made, it may be sworn to or affirmed in any other diplomatic or consular office of the United States. In such case, the original and two copies of the statement shall be forwarded by that office to the diplomatic or consular office in which the application was denied, but if that is not practicable they shall be sent directly to the Department of State. One copy shall be returned to the applicant.*

317.12 Certificate of identity obtained by fraud or other illegality. Whenever a certificate of identity is found by a diplomatic or consular officer of the United States to have been obtained by fraud or other illegality, or to be in the possession of a person other than the rightful holder, such officer shall, if practicable, obtain possession of the certificate and send it, together with a report on the matter, directly to the Department of State.*t

*For statutory citation, see note to § 317.2.

For regulations with respect to admission of holder of certificate of identity issued under section 503 of the Nationality Act of 1940 see part 112 of chapter I, title 8, CFR.

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§ 320.1 Jurisdiction of courts to naturalize. Exclusive general jurisdiction to naturalize aliens and other noncitizens of the United States is conferred by the Nationality Act of 1940 upon all District Courts of the United States in any State, in the Territories of Hawaii and Alaska, and in the District of Columbia and in Puerto Rico; upon the District Court of the Virgin Islands of the United States, and upon all courts of record in any State or Territory, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited.* (Nationality Act of 1940, sec. 301 (a), 54 Stat. 1140)

* §§ 320.1 to 320.4, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1 Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

320.2 Limitations on judicial jurisdiction. The jurisdiction of a court to naturalize any person from and after January 13, 1941, is limited to persons resident within the jurisdiction of such court, except in those cases described in sections 312, 317, 318, 322, 323, 324, and 325, of the Nationality Act of 1940, in which the requirement of residence within the court's jurisdiction is dispensed with. (Nationality Act of 1940, secs. 301 (a), 312, 317,318, 322, 323, 324, and 325, 54 Stat. 1140, 1145, 1146, 1147, 1148-1150)

320.3 Jurisdiction to accept declarations of intention. A noncitizen of the United States, otherwise eligible to make a declaration of intention to become a citizen of the United States, may do so in any naturalization court, regardless of the place of his residence in the United States.* (Nationality Act of 1940, sec. 331,54 Stat. 1153)

320.4 Limited period for disposing of petitions for naturalization filed prior to January 13, 1941. All petitions for naturalization filed in naturalization courts prior to January 13, 1941, and which were pending on that date, must be finally heard and determined within two years thereafter, in accordance with the requirements of law in effect when the petitions were filed.* (Nationality Act of 1940, sec. 347 (b), 54 Stat. 1168)

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NATURALIZED

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322,1 General requirements.

Sec.

322.2 Procedural requirements.

§ 322.1 General requirements. A person, not a citizen of the United States, in order to be eligible for naturalization upon a petition for naturalization to a naturalization court shall, unless specially exempted as set forth in Subchapter D of this title:

(a) be at least 20 years old, if a declaration of intention at least two years old is required to be filed with the petition;

(b) have been lawfully admitted to the United States for permanent residence;

(c) have made a declaration of intention not less than two nor more than seven years before filing his petition;

(d) have resided continuously in the United States for at least five years and in the State in which his petition for naturalization is filed for at least six months, immediately preceding the filing of the petition;

(e) be a person racially eligible for naturalization as defined in Part 350 of this chapter;

(f) have been a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all of the periods described in paragraph (d) of this section, and during the period from the date of the filing of the petition up to the time of his admission to citizenship;

(g) be able to speak the English language, unless physically unable to speak;

(h) be able to sign his petition in his own handwriting, unless physically unable to write; and

(i) be not disqualified for naturalization under section 305 or section 306 of the Nationality Act of 1940, or otherwise. (Secs. 101 (c), 301 (d), 303 to 306, inclusive, 307 (a) and 327; 54 Stat. 1137, 1140-1142, 1150, 8 U. S. C. 501, 701, 703-706, 707, 727; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1)

322.2 Procedural requirements. (a) A person, not a citizen of the United States, at least 18 years old, may make application to file a declaration of intention at any time after having been lawfully admitted to the United States for permanent residence. Such person shall not be required to be able to speak the English language, and, if unable to write, may sign the declaration of intention and the photographs affixed thereto by mark.

(b) Application for a declaration of intention shall be made on preliminary Form N-300, as described in § 365.1 of this chapter, which form may be obtained from the clerk of any naturalization court or from any office of the Immigration and Naturalization Service. Following the submission of the preliminary Form N-300 to the appropriate District Director or Divisional Director of Immigration and Naturalization, the applicant will be notified when and where to appear to file the declaration of intention, at which time a fee of $2.50 for the declaration of intention shall be paid to the clerk of the naturalization court. The declaration of

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