{316a.21 Application for benefits with respect to absences; appeal

(a) An application for the residence benefits of section 316(b) of the Immigration, and Natraity Act to cover an absence from the United States for a continuous period of one year or more shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein. The application shall be filed either before or after the applicant's employment commences but before the applicant has been absent from the United States for a continuous period of one year. There shall be submitted with the application a fee of $10.00.

(b) An application for the residence and physical presence benefits of section 317 of the Immigration and Nationality Act to cover any absences from the United States, whether before or after December 24, 1952, shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein, either before or after the absence from the United States, or the performance of the functions or the services described in that section. There shall be submitted with the application a fee of $10.00.

(c) The applicant shall be notified of the approval of the application on Form N-472 and, if the application is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter.

[22 F.R. 9813, Dec. 6, 1957, as amended at 31 F.R. 14629, Nov. 17, 1966]

319.11 Procedural requirements.

AUTHORITY: The provisions of this Part 319 issued under secs. 103, 319, 332, 66 Stat. 173, 244, 252; 8 U.S.C. 1103, 1430, 1443.

$319.1 Person living in marital union with United States citizen spouse.

A person of the class described in section 319(a) of the Immigration and Nationality Act shall establish his good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition to the good order and happiness of the United States for the period of three years immediately preceding the date of filing the petition and from that date to the time of admission to citizenship.

[22 F.R. 9813, Dec. 6, 1957]

§319.2 Person whose United States citizen spouse is employed abroad.

A person of the class described in section 319(b) of the Immigration and Nationality Act shall establish an intention in good faith, upon naturalization, to reside abroad with the United States citizen spouse and to take up residence in the United States immediately upon the termination of the employment abroad of such spouse. It shall be established that at the time of filing of the petition for naturalization such person was in the United States pursuant to a lawful admission for permanent residence and that he is 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.

[22 F.R. 9813, Dec. 6, 1957]

$319.3 Persons continuously employed for 5 years by United States organizations engaged in disseminating information and surviving spouses of United States citizens who died during a period of honorable ser

vice in an active duty status in the Armed Forces of the United States.

A person of the class described in section 319(c) or section 319(d) of the Act shall establish that, at the time of filing of the petition for naturalization, he is 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.

[33 F.R. 11354, Aug. 9, 1968, as amended at 39 F.R. 3551, Jan 28, 1974]

$319.4 Public international organizations in which the U.S. participates by treaty or statute.

Organizations designated by the President as international organizations pursuant to the International Organizations Immunities Act are considered as public international organizations in which the United States participates by treaty or statute within the meaning of section 319(b) or the Act. For a list of such organizations see §316a.4 of this chapter. In addition, the following have been determined to be public international organizations within the purview of section 319(b) of the Act: The North Atlantic Treaty Organization. The United Nations and all agencies and organizations which are a part thereof.

The regional commissioner shall forward a copy of each decision regarding a public international organization to the Assistant Commissioner, Naturalization.

[32 F.R. 9635, July 4, 1967. Redesignated, 33 F.R. 255, Jan 9, 1968]

§319.5 United States nonprofit organizations engaged abroad in disseminating information which significantly promotes U.S. interests.

The following have been determined to be U.S. incorporated nonprofit organizations principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes U.S. interests abroad within the purview of section 319(c) of the Act:

Free Europe, Inc.; formerly Free Europe Committee, Inc.; National Committee for a Free Europe (including Radio Free Europe)).

Radio Liberty Committee, Inc. (formerly American Committee for Liberation, Inc.; American Committee for Liberation of the Peoples of Russia, Inc.; American Committee for Liberation from Bolshevism, Inc.).

[33 F.R. 255, Jan. 9, 1968]

An application to file a petition for naturalization under section 322 or 323 of the Act in behalf of a child shall be submitted on Form N-402. The petition for naturalization shall be filed on Form N-407 in duplicate. A child under this part is not required to establish any particular period of residence in a state. A United States citizen adoptive parent of the class described in section 323(c) of the Immigration and Nationality Act shall establish an intention in good faith, upon naturalization, to have the beneficiary child reside abroad with the United States citizen adoptive parent and to take up residence in the United States immediately upon the termination of the service or employment abroad of such adoptive citizen parent.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [27 F.R. 7710, Aug. 4, 1962]

§316a.21 Application for benefits with respect to absences; appeal.

(a) An application for the residence benefits of section 316(b) of the Immigration and Nationality Act to cover an absence from the United States for a continuous period of one year or more shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein. The application shall be filed either before or after the applicant's employment commences but before the applicant has been absent from the United States for a continuous period of one year. There shall be submitted with the application a fee of $10.00.

(b) An application for the residence and physical presence benefits of section 317 of the Immigration and Nationality Act to cover any absences from the United States, whether before or after December 24, 1952, shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein, either before or after the absence from the United States, or the performance of the functions or the services described in that section. There shall be submitted with the application a fee of $10.00.

(c) The applicant shall be notified of the approval of the application on Form N-472 and, if the application is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter.

[22 F.R. 9813, Dec. 6, 1957, as amended at 31 F.R. 14629, Nov. 17, 1966]

319.11 Procedural requirements.

AUTHORITY: The provisions of this Part 319 issued under secs. 103, 319, 332, 66 Stat. 173, 244, 252; 8 U.S.C. 1103, 1430, 1443.

§319.1 Person living in marital union with United States citizen spouse.

A person of the class described in section 319(a) of the Immigration and Nationality Act shall establish his good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition to the good order and happiness of the United States for the period of three years immediately preceding the date of filing the petition and from that date to the time of admission to citizenship.

[22 F.R. 9813, Dec. 6, 1957]

$319.2 Person whose United States citizen spouse is employed abroad.

A person of the class described in section 319(b) of the Immigration and Nationality Act shall establish an intention in good faith, upon naturalization, to reside abroad with the United States citizen spouse and to take up residence in the United States immediately upon the termination of the employment abroad of such spouse. It shall be established that at the time of filing of the petition for naturalization such person was in the United States pursuant to a lawful admission for permanent residence and that he is 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.

[22 F.R. 9813, Dec. 6, 1957]

$319.3 Persons continuously employed for 5 years by United States organizations engaged in disseminating information and surviving spouses of United States citizens who died during a period of honorable ser

vice in an active duty status in the Armed Forces of the United States.

A person of the class described in section 319(c) or section 319(d) of the Act shall establish that, at the time of filing of the petition for naturalization, he is 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.

[33 F.R. 11354, Aug. 9, 1968, as amended at 39 F.R. 3551, Jan 28, 1974]

$319.4 Public international organizations in which the U.S. participates by treaty or statute.

Organizations designated by the President as international organizations pursuant to the International Organizations Immunities Act are considered as public international organizations in which the United States participates by treaty or statute within the meaning of section 319(b) or the Act. For a list of such organizations see §316a.4 of this chapter. In addition, the following have been determined to be public international organizations within the purview of section 319(b) of the Act: The North Atlantic Treaty Organization.

The United Nations and all agencies and organizations which are a part thereof.

The regional commissioner shall forward a copy of each decision regarding a public international organization to the Assistant Commissioner, Naturalization.

[32 F.R. 9635, July 4, 1967. Redesignated, 33 F.R. 255, Jan 9, 1968]

$319.5 United States nonprofit organizations engaged abroad in disseminating information which significantly promotes U.S. interests.

The following have been determined to be U.S. incorporated nonprofit organizations principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes U.S. interests abroad within the purview of section 319(c) of the Act:

Free Europe, Inc.; formerly Free Europe Committee, Inc.; National Committee for a Free Europe (including Radio Free Europe)).

Radio Liberty Committee, Inc. (formerly American Committee for Liberation, Inc.; American Committee for Liberation of the Peoples of Russia, Inc.; American Committee for Liberation from

Bolshevism, Inc.).

[33 F.R. 255, Jan. 9, 1968]

An application to file a petition for naturalization under section 322 or 323 of the Act in behalf of a child shall be submitted on Form N-402. The petition for naturalization shall be filed on Form N-407 in duplicate. A child under this part is not required to establish any particular period of residence in a state. A United States citizen adoptive parent of the class described in section 323(c) of the Immigration and Nationality Act shall establish an intention in good faith, upon naturalization, to have the beneficiary child reside abroad with the United States citizen adoptive parent and to take up residence in the United States immediately upon the termination of the service or employment abroad of such adoptive citizen parent.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [27 F.R. 7710, Aug. 4, 1962]

Sec.

324.12 A woman, citizen of the United States at birth, who lost or is believed to have lost citizenship by marriage and whose marriage has terminated.

324.13 Women restored to United States citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940. 324.14 Former citizen of the United States whose naturalization by taking the oath is authorized by a private law. 324.15 Certificate by examiner when petitioner is entitled to an immediate hearing.

AUTHORITY: The provisions of this Part 324 issued under secs. 103, 324, 332, 337, 405, 66 Stat. 173, 246, 252, 258, 280, 8 U.S.C. 1103, 1435, 1443, 1448, 1101 note.

§324.11 Former citizen at birth or by naturalization.

A former citizen of the United States of the class described in section 324(a) of the Act shall submit an application to file a petition for naturalization on Form N-400 and supplemental Form N-400A. The petition for naturalization of such person shall be filed on Form N405, in duplicate. There shall be inserted after averment 13 of 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 324(a)) I was formerly a citizen of the United States who lost citizenship by or through marriage to an alien. I have not acquired another nationality by an affirmative act other than by marriage. If not lawfully admitted for permanent residence, I have resided continuously in the United States since the date of my marriage. [31 F.R. 14078, Nov. 3, 1966, as amended at 31 F.R. 14629, Nov. 17, 1966]

8324.12 A woman, citizen of the United

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

A woman, formerly a citizen of the United States at birth, who applies in the United States to regain her citizenship under section 324(c) of the act, shall submit a preliminary application to take the oath of allegiance on Form N-401. The eligibility of the applicant to take the oath shall be investigated by a member of the Service who shall make an appropriate recommendation to the naturalization court. The application to the court shall be made on Form N-408, in triplicate. The original shall be retained as a part of the court record and numbered consecutively in a separate series, and the duplicate forwarded to the appropriate district director with duplicates of other naturalization papers. After the applicant has taken the oath of allegiance,

the clerk of court shall furnish the applicant, upon demand, the triplicate copy of Form N408, properly certified, for which a fee not exceeding $5.00 may be charged. No charge shall be made by the clerk of court for the filing of Form N-408. If the applicant does not demand the triplicate Form N-408, it shall be transmitted to the appropriate district director with the duplicate thereof. The oath of allegiance may be taken before any diplomatic or consular officer of the United States, abroad, in accordance with such regulations as may be prescribed by the Secretary of State. [23 F.R. 5819, Aug. 1, 1958]

§324.13 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 of allegiance prescribed by Part 337 before any naturalization court on or after December 24, 1952. Such 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 submit 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 peti

tioner 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]