For the purpose of section 329 of the act, World War I commenced on April 6, 1917, and ended on November 11, 1918. [23 F.R. 5819, Aug. 1, 1958] §329.2 Petition. 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 N-405, 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 preceeding 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] PART 332-PRELIMINARY INVESTIGATION OF APPLICANTS FOR NATURALIZATION AND WITNESSES Sec. 332.11 Investigation preliminary to filing petition for naturalization. 332.13 Use of record of preliminary investigation. AUTHORITY: The provisions of this Part 332 issued under secs. 103, 332, 335, 66 Stat. 173, 252, 255; 8 U.S.C. 1103, 1443, 1446. §332.11 Investigation preliminary to filing petition for naturalization. (a) Scope of investigation. Whenever practicable, each applicant for naturalization 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. When ever 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] 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 310(c) of the Immigration and Nationality Act, proper forms, records, booked, and supplies required in naturalization proceedings. Such jurisdiction may not be exercised until such official forms, records, and books have been supplied to such court. Only such forms as are supplied shall be used in naturalization proceedings. Where sessions of the court are held at different places, the judge of such court may require the clerk to obtain a separate supply of official forms, records and books for each such place. §332a.2 Official forms prescribed for use of clerks of naturalization courts. The following described forms only shall be used by clerks of courts having naturalization jurisdiction, in the exercise of such jurisdiction: Form No. Title and description N-3-Requisition for Forms and Binders. N-4-Monthly Report-Naturalization Papers forwarded. N-5-Continuation Sheet of Monthly Report-Naturalization Papers forwarded. N-7-Quarterly Abstract of Collections of Naturalization Fees. N-12-Penalty Envelope (to be addressed to any office of Service). N-13-Penalty Envelope (large-to be addressed to any office of Service). N-300-Application to File Declaration of Intention. N-350-Application to Renounce Danish Citizenship. tion. N-400A-Supplement to Application to File Petition for Naturalization (under section 324 (a) or 327, Immigration and Nationality Act). N-400B-Supplement to Application to File Petition for Naturalization (by a seaman, under section 330 of the Immigration and Nationality Act). N-401-Preliminary Form to take Oath of Allegiance (by a woman formerly a citizen, under section 324(c) of the Immigration and Nationality Act, or the act of June 25, 1936, as amended). N-402-Application to File Petition for Naturalization in Behalf of a Child (under section 322 or 323, Immigration and Nationality Act). N-403-Request to have Petition for Naturalization marked "Void". N-404-Request for Withdrawal of Petition for Naturalization. N-405-Petition for Naturalization (under general provisions of the Immigration and Nationality Act). N-407-Petition for Naturalization (in behalf of a child, under section 322 or 323, Immigration and Nationality Act). N-408-Application to take Oath of Allegiance and Form of such Oath (by a woman formerly a citizen, under section 324(c), Immigration and Nationality Act, or the Act of June 25, 1936, as amended). N-410-Motion for Amendment of Petition (application). N-414-Acknowledgment of Filing Petition for Natu ralization. N-414A-Acknowledgment of Filing Petition for Naturalization and Index Card. N-451-Affidavits of Witnesses (to Petition for Naturalization). N-455-Application for Transfer of Petition for Naturalization. N-458-Application to Correct Certificate of Naturalization. N-480-Naturalization Petitions Recommended to be N-484-Naturalization Petitions Recommended To Be Denied (and) Order of Court Denying Petitions for Naturalization. N-485-Naturalization Petitions Recommended to be [22 F.R. 9817, Dec. 6, 1957; 22 F.R. 9250, Nov. 28, 1957, as amended at 26 F.R. 10928, Nov. 22, 1961; 27 F.R. 2681, Mar. 22, 1962; 30 F.R. 6940, May 22, 1965; 31 F.R. 14078, Nov. 8, 1966; 32 F.R. 13756, Oct. 3, 1967; 32 F.R. 14274, Oct. 14, 1967] §332a.11 Initial application for official forms. Whenever the initial application for forms, records, books and supplies is made by a State court of record, it shall be accompanied by a certificate of the Attorney General of the State, certifying that the said court is a court of record, having a seal, a clerk, and jurisdiction in actions at law or in equity, or at law and in equity, in which the amount in controversy is unlimited. §332a.12 Subsequent application for official forms. Included with the initial supply of official forms, records, and books furnished to the various courts by the Service shall be Form N3 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 or 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 Meu 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. (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 alternative statement, to be inserted if such person then is and will continue to be employed abroad by the organization, "I intend in good faith to resume my residence in the United States immediately upon termination of such employment." (k) Benefits of section 319(d) of the Act claimed. Whenever the benefits of section 319(d) of the Act are claimed, by inserting in allegation (14) the statement "I am the surviving spouse of a United States citizen who died during a period of honorable service in the Armed Forces of the United States, and with whom I was living in marital union at the time of his death." [22 F.R. 9818, Dec. 6, 1957, as amended at 23 F.R. 2673, Apr. 23, 1958; 31 F.R. 14079, Nov. 3, 1966; 31 F.R. 14629, Nov. 17, 1966; 33 F.R. 255, Jan. 9, 1968; 33 F.R. 11354, Aug. 9, 1968] §332b.1 Public school instruction and training in citizenship responsibilities of applicants for naturalization. The Central Office and the field offices of the Service shall cooperate with appropriate authorities or organizations in the establishment and maintenance of classes within or under the supervision of the public schools for the preparation of naturalization applicants for their citizenship duties and responsibilities. Field officers shall visit such classes when practicable. Should applicants for naturalization who desire such preparation live in remote localities where the establishment of a class is impracticable, field officers shall communicate with the appropriate representative of the public schools for the purpose of making other suitable arrangements, if possible, for their instruction. §332b.2 Sending names of candidates for naturalization to the public schools. Arrangements shall be made with the public schools by which the names and addresses of applicants for naturalization will be made available to such schools for the purpose of interesting applicants in attending public school classes in preparation for citizenship duties and responsibilities. §332b.3 Federal citizenship textbooks. Citizenship textbooks, for the free use of applicants for naturalization receiving instruction in or under the supervision of the public schools in preparation for citizenship, shall be prepared and distributed by the Service to the appropriate representatives of the public schools upon their signed requisitions therefor. 66-017 077 - 12 §332b.4 Public school certificates as evidence of petitioner's educational progress. Public school certificates attesting the attendance and progress records of petitioners for naturalization in citizenship classes shall be given weight by naturalization officers in determining the petitioner's knowledge and understanding of the fundamentals of the history, and of the principles and form of government of the United States, and his ability to read, write, and speak English, provided that approval of the courses of instruction, teaching, and examinations of the public schools issuing such certificates is given by the district director and the naturalization courts. §332b.5 Cooperation with official National and State organizations The Central Office and the field offices shall take steps to obtain the aid of and to cooperate with official National and State organizations in the Service's program of promoting instruction and training of applicants for naturalization for their citizenship duties and responsibilities. Similar action shall be taken in relation to duly accredited unofficial educational, social service, welfare, and other organizations having as one of their objects the preparation of applicants for naturalization for their citizenship duties and responsibilities. PART 332c-PHOTOGRAPHIC §332c.1 Establishment of welfare photographic studios. PART 332d—DESIGNATION OF EMPLOYEES TO ADMINISTER OATHS AND TAKE DEPOSITIONS §332d.1 Designation of employees to administer oaths and take depositions. All immigration officers and other officers or employees of the Service of an equal or higher grade are hereby designated to administer oaths or affirmations and take depositions in matters relating to the administration of the naturalization and citizenship laws. In addition, such other employees as may be designated by a district director are hereby authorized to administer oaths or affirmations. (Secs. 103, 332, 66 Stat. 173, 252; 8 U.S.C. 1103, 1443) [37 F.R. 2767, Feb. 5, 1972] Sec. PART 333-PHOTOGRAPHS 333.1 Description of required photographs. 333.2 Attachment of photographs to documents. AUTHORITY: The provisions of this Part 333 issued under secs. 103, 332, 333, 334, 66 Stat. 173, 252, 253, 254; 8 U.S.C. 1103, 1443, 1444, 1445. §333.1 Description of required photographs. Every applicant required to furnish photographs of himself under this subchapter shall submit three identical photographs which shall be 2 by 2 inches in size, unmounted, printed on a thin paper, have a light background, clearly show a full front view of the features of the applicant with head bare (unless the applicant is wearing a headdress as required by a religious order of which he is a member), with the distance from the top of the head to point of chin approximately 11⁄4 inches, and which shall have been taken within 30 days of the date they are furnished. Submitted photographs may be in natural color or in black and white, but black and white photographs which have been tinted or otherwise colored are not acceptable. The applicant, except in the case of a child or other person physically incapable of signing his name, shall sign each copy of the photograph with his full true name, in such manner as not to obscure the features. The signature shall be by mark if the applicant is unable to sign his name. If the applicant is a prospective petitioner for naturalization, the photographs shall be signed by him in the English language, unless the applicant is of the class exempted from signing a petition for District directors shall, after investigation, make reports and recommendations to the Commissioner concerning the desirability of the establishment and operation by welfare organizations, without profit, of photographic studios, solely for the benefit of persons seeking to comply with the requirements of the immigration and naturalization laws. Quarters for such purpose must be in a building occupied by the Service, and be conducted under the supervision of the Commissioner. Such welfare organizations shall submit an annual account to the Commissioner of the conduct of such studio. (Secs. 103, 332, 66 Stat. 173, 252; 8 U.S.C. 1103, 1443) [22 F.R. 9818, Dec. 6, 1957] |