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 titles) which I have heretofore held; or

I further renounce the order of nobility (Give the order of nobility) to which I have heretofore belonged.

§337.4 When request for change of name granted.

When the court has granted the petitioner's change of name request, the petitioner shall subscribe his new name to the written oath of allegiance on the reverse of the original naturalization petition.

[32 F.R. 9635, July 4, 1967]

§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 report 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.

Sec.

PART 338-CERTIFICATE OF NATURALIZATION

338.11 Execution and issuance.

338.12 Endorsement in case name is changed. 338.13 Spoiled certificate. 338.14 Delivery of certificates.

338.15 Signing of certificate. 338.16 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 certificates. Both copies of the certificate, including the stubs shall be prepared in one operation on a typewriter with the use of carbon paper. Photographs shall be affixed to the original and duplicate certificates in the manner provided by Part 333 of this chapter. The stub of the original shall be removed and retained by the clerk of court and filed in an upright card file, or in a three by five inch card drawer. The original certificate shall be delivered to the petitioner. The duplicate copies of the certificates shall not be separated from their stubs and shall be forwarded to the appropriate office of the Immigration and Naturalization Service with all other duplicate papers in accordance with Part 339 of this chapter.

$338.12 Endorsement in case name is changed.

Whenever the name of a petitioner has been changed by order of court as a part of a naturalization, the clerk of court or his authorized deputy shall make, date, and sign the following endorsement on the reverse side of the original and duplicate of the certificate of naturalization: "Name changed by decree of court from as a part of the naturalization," inserting in full the original name of the petitioner. A similar notation shall be made on the stubs

-------,

of the original and duplicate certificate. The certificate of naturalization shall be issued and the stub of the original thereof signed by the petitioner in the name as changed.

[22 F.R. 9824, Dec. 6, 1957, as amended at 35 F.R. 10497, June 27, 1970]

$338.13 Spoiled certificate.

Whenever a certificate of naturalization is damaged, mutilated, defaced, or otherwise spoiled before delivery by the clerk, the original and duplicate, with stubs intact, shall be marked "Spoiled" and transmitted to the appropriate immigration and naturalization office, in the manner described in §339.2 of this chapter, with the monthly report of the clerk on Form N-4.

§338.14 Delivery of certificates.

No certificate of naturalization shall be delivered by the clerk of court in any case in which the representative of the Service in attendance at the final naturalization hearing notifies the clerk of court that the naturalized person has not surrendered his alien registration receipt card. Upon subsequent receipt of notice from the district director that he has waived the surrender of the card or that the card has been surrendered, the certificate shall be delivered by the clerk of court.

$338.15 Signing of certificate.

If a child who has been admitted to citizenship under section 322 or section 323 of the Act is unable to sign his name, the certificate of naturalization shall be signed by a petitioning parent, whether natural or adoptive, as may be appropriate, and the signature shall read "(name of naturalized child) by (name of petitioning parent signing)". A naturalized person whose petition was signed by him in a foreign language may sign his certificate of naturalization in the same manner.

justified and can be made without mutilating the certificate, he shall authorize the clerk of the issuing court or his authorized deputy on Form N-459, in duplicate, to make the necessary correction and to place a dated endorsement on the reverse of the certificate, over his signature and the seal of the court, explaining the correction. The authorization shall be filed with naturalization record, the corrected certificate returned to the naturalized person and the duplicate Form N-459 shall be endorsed to show the date and nature of the correction and endorsement made, and returned to the district director. No fee shall be charged the naturalized person for the correction. The district director shall forward such duplicate to the official Service file. When a correction would or does result in mutilation of a certificate, the district director may authorize the clerk of court, with the consent of the naturalized person, to issue without fee a new certificate from his supply upon surrender of the incorrect certificate and submission of photographs. The surrendered certificate shall be marked "Spoiled" and transmitted to the district director with the duplicate copy of the new certificate attached to the monthly report of the clerk on Form N-4. The original of the new certificate shall be delivered to the naturalized person.

[22 F.R. 9825, Dec. 6, 1957, as amended at 24 F.R. 2584, Apr. 3, 1959; 35 F.R. 10497, June 27, 1970]

[22 F.R. 9825, Dec. 6, 1957, as amended at 25 F.R. 10495, Nov. 2, 1960]

§338.16 Correction of certificates.

Whenever a certificate of naturalization has been delivered which does not conform to the facts shown on the petition for naturalization, or a clerical error was made in preparing the certificate, an application on Form N-458 may be made by the naturalized person to the district director exercising jurisdiction over the place in which the court is located to authorize the correction of the certificate. If the district director finds that a correction is

AUTHORITY: The provisions of this Part 339 issued under secs. 103, 332, 339, 344, 66 Stat. 173, 252, 259, 264; 8 U.S.C. 1103, 1443, 1450, 1455.

SOURCE: The provisions of this Part 339 appear at 22 F.R. 9825, Dec. 6, 1957, unless otherwise noted. §339.1 Administration of oath to declarations of intention and petitions for naturalization.

It shall be the duty of every clerk of a naturalization court to administer the required oath

or affirmation to each applicant for a declaration of intention. The clerk shall receive and file petitions and administer the required oaths or affirmations to each petitioner and the witnesses to each petition, unless such petitioner and witnesses have executed the petition before a designated examiner.

[37 F.R. 2767, Feb. 5, 1972]

$339.2 Monthly reports.

Clerks of court shall on the first day of each month submit to the district director having administrative jurisdiction over the place in which the court is located, a report on Form N-4, in duplicate, listing all declarations of intention and petitions for naturalization filed and all certificates of naturalization issued or spoiled during the preceding month, in accordance with the instructions contained in Form N-4. When at any time during the month the aggregate number of petitions and declarations filed reaches 100 the clerk shall on request of the district director forthwith forward such reports in accordance with the provisions of this section. The report shall be accompanied by all duplicate copies of declarations of intention and applications therefor on Forms N-300; by all duplicates of petitions for naturalization not previously delivered to a representative of the Service, and all duplicates of certificates of naturalization with stubs intact. The clerk of court shall show opposite the number of each petition in which the petitioner is exempt from payment of a naturalization fee under section 344(h) of the Immigration and Nationality Act or the Act of October 24, 1968, the letter "M". Opposite the name of each such case and at the bottom of the petition, the notation "No fee" shall be inserted. Void petitions shall be listed separately on Form N-4 and on Form N-7 and so indicated on such forms. The clerk of court shall show on Form N-4 the inclusive numbers of all petitions filed, and list individually by name and number in the spaces provided therein all petitions filed during the month. In lieu of forwarding duplicate petitions to the Service with his report on Form N-4, the clerk may deliver the petitions to the examiner immediately after filing.

[22 F.R. 9825, Dec. 6, 1957, as amended at 32 F.R. 9635, July 4, 1967; 33 F.R. 17137, Nov. 19, 1968] $339.3 Relinquishment of naturalization

jurisdiction.

Whenever a court relinquishes naturalization jurisdiction, the clerk of court shall, within ten

days following the date of relinquishment, furnish the district director having administrative jurisdiction over the place in which the court is located, a certified copy of the order of court relinquishing jurisdiction. A representative of the Service shall thereafter examine the naturalization records in the office of the clerk of court and shall bind and lock them. The clerk of court shall return all unused forms and blank certificates of naturalization to the district director with his monthly report on Form N-4.

$339.4 Binding of naturalization records.

Whenever a volume of petitons for naturalization, applications to take the oath of allegiance, declarations of intention, orders of court, or other documents affecting or relating to the naturalization of persons is completed, it shall be bound and locked by the clerk of

court.

§339.5 Numbering and indexing and filing of petitions for naturalization and declarations of intention.

See §§334.3 and 334a.1 of this chapter. [23 F.R. 9125, Nov. 26, 1958]

PART 340-REVOCATION OF NATURALIZATION

$340.11 Reports.

Whenever it appears that any grant of naturalization may have been illegally procured or procured by concealment of a material fact or by willful misrepresentation, the facts shall be reported to the district director having jurisdiction over the naturalized person's last known place of residence in the United States. If the district director is satisfied that a prima facie showing has been made that grounds for revocation exist, he shall report the facts in writing to the regional commissioner with a recommendation as to whether revocation proceedings should be instituted. If it appears that naturalization was procured in violation of section 1425 of Title 18 of the United States Code the facts in regard thereto may be presented by the district director to the appropriate United States Attorney for possible criminal prosecution.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [29 F.R. 2740, Feb. 27, 1964]

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

(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 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]

336.16 Final hearing: waiver of 30-day period. 336.16a Final hearing; execution of questionnaire. 336.17 Substitution of witnesses.

AUTHORITY: The provisions of this Part 336 issued under secs. 103, 332, 335-337, 66 Stat. 173, 252, 255, 257, 258; 8 U.S.C. 1103, 1443, 1446-1448. §336.11 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 and other naturalization proceedings shall be attended personally by naturalization examiners or other officers of

the Service, who shall interrogate each petitioner or applicant regarding pertinent developments occurring subsequent to the date of filing of the petition or application, and shall, if not affected by the interrogation, present to the court the views and recommendations of the designated examiner and the regional commissioner, as appropriate. 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 a 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 stenographic report made of the testimony. [41 F.R. 5110, Feb. 4, 1976]

§336.12 Written report in lieu of personal representation.

a

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. The 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]