the report, either approving or disapproving the recommendation. If the decision of the district director is that the proceedings be terminated, the respondent shall be so informed. §342.8 Appeals. Should the district director find that the certificate, document, or record was fraudulently or illegally obtained, he shall enter an order that it be cancelled and the certificate or document surrendered to the Service forthwith. Written notification of such action shall be given the respondent, with a copy of the decision, findings and decision of the district director, and he shall be informed of his right of appeal in accordance with the provisions of Part 103 of this chapter. §342.9 Notice re 18 U.S.C. 1428. The notice to surrender a cancelled certificate of citizenship or copy thereof, prescribed by section 1428 of Title 18 of the United States Code, shall be given by the district director in whose district the person who has possession or control of such document resides. [28 F.R. 9282, Aug. 23, 1963] PART 343-CERTIFICATE OF NATURALIZATION OR REPATRIATION; PERSONS WHO RESUMED CITIZENSHIP UNDER SECTION 323 OF THE NATIONALITY ACT OF 1940, AS AMENDED, OR SECTION 4 OF THE ACT OF JUNE 29, 1906 §343.1 Application. A person who lost citizenship of the United States incidental to service in one of the allied armies during World War I or II, or by voting in a political election in a country not at war with the United States during World War II, and who was naturalized under the provisions of section 323 of the Nationality Act of 1940, as amended, or a person who, before January 13, 1941, resumed United States citizenship under the twelfth subdivision of section 4 of the act of June 29, 1906, may obtain a certificate evidencing such citizenship by making application therefor on Form N-580. The applicant shall be required to appear in person before an assigned officer for interrogation under oath or affirmation upon the application. When the application is approved, a certificate of naturalization or repatriation shall be issued and delivered in person, in the United States only, upon the applicant's signed receipt therefor. If the application is denied, the applicant shall be notified of the reasons therefor and his right to appeal in accordance with the provisions of Part 103 of this chapter. (Secs. 103, 332, 343, 344, 405, 66 Stat. 173, 252, 263, 264, 280; 8 U.S.C. 1101, 1103, 1443, 1454, 1455. [23 F.R. 9125, Nov. 26, 1958, as amended at 32 F.R. 9635, July 4, 1967]) PART 343a-NATURALIZATION AND CITIZENSHIP PAPERS LOST, MUTILATED, OR DESTROYED; NEW CERTIFICATE IN CHANGED NAME; CERTIFIED COPY OF REPATRIATION PROCEEDINGS Sec. 343a.1 Application for replacement of or for new naturalization or citizenship papers. 343a.2 Return or replacement of surrendered certificate of naturalization or citizenship. AUTHORITY: The provisions of this Part 343a issued under secs. 103, 324, 332, 343, 344, 405, 66 Stat. 173, 246, 247, 252, 263, 264, 265, 280; 8 U.S.C. 1101 note, 1103, 1435, 1443, 1454, 1455. §343a.1 Application for replacement of or for new naturalization or citizenship paper. (a) Lost, mutilated, or destroyed naturalization papers. A person whose declaration of intention, certificate of naturalization, citizenship, or repatriation, or whose certified copy of proceedings under the act of June 25, 1936, as amended, or under section 317(b) of the Nationality Act of 1940, or under section 324(c) of the Immigration and Nationality Act, or under the provisions of any private law, has been lost, mutilated, or destroyed, shall apply on Form N-565 for a new paper in lieu thereof. (b) New certificate in changed name. A naturalized citizen whose name has been changed after naturalization by order of court or by marriage shall apply on Form N-565 for a new certificate of naturalization, or of citizenship, in the changed name. (c) Disposition. The applicant shall be required to appear in person before an assigned officer for interrogation under oath or affirmation upon the application. If an application for a new certificate of naturalization, citizenship, or repatriation is approved, the new certificate shall be issued and delivered in person upon the applicant's signed receipt therefor. When an application for a new declaration of intention is approved, the new declaration of intention shall be issued and the original delivered to the applicant upon his signed receipt therefor. If an application for a new certified copy of the proceedings under the act of June 25, 1936, as amended, or under section 317(b) of the Nationality Act of 1940, or under section 324(c) of the Immigration and Nationality Act, or under the provisions of any private law is approved, there shall be issued a certified positive photocopy of the record of the proceedings filed with the Service. When subsequent to the naturalization or repatriation the applicant's name has been changed by marriage, the certification of the positive photocopy shall show both the name in which the proceedings were had and the changed name. The new certified copy shall be personally delivered to the applicant, upon his signed receipt therefor. If the application is denied, the applicant shall be notified of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. [23 F.R. 9125, Nov. 26, 1958 as amended at 32 F.R. 9635, July 7, 1967] §343a.2 Return or replacement of surrendered certificate of naturalization or citizenship. A certificate of naturalization or citizenship in a service file which was surrendered on a finding that loss of U.S. nationality had occurred directly or through a parent by reason of section 404(b) or (c) of the Nationality Act of 1940 or section 352 of the Immigration and Nationality Act and which finding is no longer valid in view of "Schneider v. Rusk," 377 U.S. 163, or a certificate of naturalization or citizenship in a service file which was surrendered on a finding that loss of U.S. nationality had occurred pursuant to section 401(e) of the Nationality Act of 1940 or section 349(a) (5) of the Immigration and Nationality Act and which finding is no longer valid in view of "Afroyim v. Rusk," 387 U.S. 253, or a certificate of citizenship in a service file which was surrendered on a finding that loss of U.S. nationality had occurred pursuant to section 301(b) of the Immigration and Nationality Act, the provisions of which were extended by section 301(c) of the same Act to persons born after May 24, 1934, and which finding is no longer valid in view of the amendment to section 301(b) on October 27, 1972, Public Law 92-584, may be returned to the person to whom it was issued, not withstanding the fact that he has since been naturalized or repatriated in the United States or abroad. If, after having been surrendered to the Department of State or to this Service, the certificate has been lost, mutilated, or destroyed as a result of either Service action or the action of that Department, a replacement certificate may be issued in the name shown in the surrendered certificate without fee and without requiring the submission of Form N-565. A surrendered certificate shall not be regarded as mutilated and a replacement shall not be issued solely because of holes made in it to accommodate an Acco fastener, unless the citizen declines to accept the return of the surrendered certificate in that condition and insists upon issuance of a replacement. When it is desired that the replacement certificate be furnished in a name other than the one shown in the surrendered certificate, the regular application procedure with payment of fee must be followed. The naturalized person shall be required to appear in person, if within the United States, before an assigned officer for interrogation under oath or affirmation upon the request for return of the certificate. [32 F.R. 9635, July 4, 1967, as amended at 33 F.R. 4562, Mar. 15, 1968; 38 F.R. 5997, Mar. 6, 1973] available when the investigation of the applicant is conducted. The applicant shall be required to appear in person before an assigned officer for interrogation under oath or affirmation upon the application. [32 F.R. 9636, July 4, 1967] §343b.2 Number of applications required. A special certificate of naturalization is delivered to one foreign government official only. An applicant who desires recognition as a U.S. citizen by more than one foreign official, whether in the same country or not, must file a separate application for each certificate required. [32 F.R. 9636, July 4, 1967] §343b.3 Interrogation. When Form N-577 presents a prima facie case, it shall be forwarded to the district director, without first interrogating the applicant, for issuance of the certificate. Interrogation of the applicant shall be conducted before the application is forwarded if he appears in person to file the application or if it is necessary in order to properly adjudicate the case. In that event the officer interviewing the applicant will complete the report on page 2 of Form N-577 before transmitting the application to the district director. In all other cases the interview shall take place at any time before the certificate is transmitted to the State Department (unless the applicant is abroad) and the report completed after the interview. [32 F.R. 9636, July 4, 1967] §343b.4 Applicant outside of United States. If the application is received by a Service officer stationed outside the United States, he shall, when practicable, interrogate the applicant before the application is forwarded to the district director in the United States having jurisdiction over the applicant's place of residence for issuance of the certificate. When such interrogation is not practicable, or is not conducted because the application is submitted directly to the Commissioner or a district director of the Service in the United States, the certificate may nevertheless by issued and the recommendation conditioned upon satisfactory interrogation by a State Department representative. When forwarding the certificate in such a case, the Secretary of State shall be informed that the applicant has not been interviewed, and requested to have his representative abroad interview the applicant regarding identity and possible expatria tion. If identity is not established or if expatriation has occurred, the request shall be made that the certificate be returned to the Service. [37 F.R. 7584, Apr. 18, 1972] §343b.5 Verification of naturalization. The application shall not be granted without first obtaining verification of the applicant's naturalization. [32 F.R. 9636, July 4, 1967] §343b.11 Disposition of application. (a) Issuance of certificate. If the application is granted, a special certificate of naturalization of Form N-578 shall be issued by the district director and forwarded to the Secretary of State for transmission to the proper authority of the foreign state. The district director shall forward the original certificate by letter, in triplicate, to the Secretary of State, Attehtion: Foreign Operations Division, Passport Office, Department of State, Washington, D.C. 20520; forward the application and the duplicate certificate to the official Service file, and send Form N-568 to the applicant. (b) Application denied. If the application is denied, the applicant shall be notified of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. [23 F.R. 9126, Nov. 26, 1958 and 32 F.R. 9636, July 4, 1967, as amended at 36 F.R. 11636, June 17, 1971] PART 343c-CERTIFICATIONS FROM RECORDS §343c.1 Application for certification of naturalization record of court or certificate of naturalization or citizenship. An application for certification of a naturalization record of any court, or of any part thereof, or of any certificate of naturalization, repatriation, or citizenship, under section 343(e) of the Act for use in complying with any statute, Federal or State, or in any judicial proceeding, shall be made on Form G-641. (5 U.S.C. 552 (80 Stat. 383); as amended by Pub. L. 93-502 (88 Stat. 1561); sec. 103 Immigration and Nationality Act (66 Stat. 173; 8 U.S.C. 1103)) [40 F.R. 50703, Oct. 31, 1975] Sec. 344.2 Fees in United States courts, remittance. 344.3 Fees in other than United States courts; remittance. 344.4 Fees in the District Courts at the Virgin Islands and Guam: remittance. 344.5 Time for report of and accounting for fees collected. AUTHORITY: The provisions of this Part 344 issued under secs. 103, 332, 344, 66 Stat. 173, 252, 264; 8 U.S.C. 1103, 1443, 1455. SOURCE: The provisions of this Part 344 appear at 22 F.R. 9827, Dec. 6, 1957, unless otherwise noted. §344.1 Division of the year for accounting for naturalization fees. For the purpose of accounting for and reporting naturalization fees quarterly by clerks of courts, the fiscal year shall end on September 30 of any given calendar year and shall be devided as follows: The first quarter shall end December 31; the second quarter ends March 31; the third quarter ends June 30; and the fourth quarter ends September 30. [41 F.R. 27313, July 2, 1976] §344.2 Fees in United States courts; remittance. All fees collected for declarations of intention and petitions for naturalization by clerks of United States district courts (except in the District Courts of Guam and the Virgin Islands of the United States) shall be forwarded quarterly by a remittance payable to the order of the "Immigration and Naturalization Service, Department of Justice," to the regional commissioner having administrative jurisdiction over the place in which the court is located. [26 F.R. 4606, May 26, 1961] §344.3 Fees in other than United States courts; remittance. One-half of all fees collected for declarations of intention and petitions for naturalization by clerks of courts other than United States courts up to $6,000 in any one fiscal year shall be similarly remitted to the regional commissioner in the manner provided in §344.2. Where the collections during the first quarter of any fiscal year equal or exceed $1,500, the clerk shall remit all in excess of $750; and whenever such collections for the first and second quarters equal or exceed $3,000, the clerk shall remit all in excess of $1,500; and whenever the collections for the first three quarters of the fiscal year equal or exceed $4,500, the clerk shall remit all in excess of $2,250; and whenever the total collec tions for any fiscal year equal or exceed $6,000, the clerk shall remit all fees or moneys so collected in excess of $3,000. [26 F.R. 4606, May 26, 1961] §344.4 Fees in the District Courts at the Virgin Islands and Guam: remittance. All fees collected for declarations of intention and petitions for naturalization by the clerk of the District Court of the Virgin Islands of the United States shall be paid into the Treasury of Virgin Islands. All such fees collected by the clerk of the District Court of Guam shall be paid into the Treasury of Guam. However, such clerks shall report the fees collected to the regional commissioner having administrative jurisdiction over the place in which the court is located, in accordance with §344.5. §344.5 Time for report of and accounting for fees collected. The accounting for naturalization fees collected and the payment of fees turned over to the regional commissioner as provided in §§344.2, 344.3 and 344.4 shall be made on Form N-7 within thirty days from the close of each quarter of each and every fiscal year. PART 349-LOSS OF NATIONALITY $349.1 Japanese renunciation of nationality. A Japanese who renounced United States nationality pursuant to the provisions of section 401(i), Nationality Act of 1940, who claims that his renunciation is void, shall complete Form N-576, Supplemental Affidavit to be Submitted with Applications of Japanese Renunciants. The affidavit shall be submitted to the Assistant Attorney General, Civil Division, Department of Justice, Washington, D.C. 20530, with a covering letter requesting a determination of the validity of the renuncia Form No., title, and description G-641 (4-1-76) Application for Verification of Information from Immigration and Naturalization Records. I-138 (11-5-70) Subpoena. N-3 (6-1-70) Requisition for Forms and Binders. N-5 (12-24-52) Continuation Sheet of Monthly Report-Naturalization Papers Forwarded. N-7 (9-18-69) Quarterly Abstract of Collections of Naturalization Fees. N-12 (6-1-72) Penalty Envelope (to be addressed to any office of Service). N-13 (9-1-72) Penalty Envelope (Large-to be addressed to any office of service). N-300 (9-27-75) Application to File Declaration of Intention. N-305 (6-1-72) Form Letter Notifying Alien that Form N-300 has been Forwarded to the Clerk of the Court. N-315 (2-1-71) Declaration of Intention. N-350 (9-27-75) Application to Renounce Danish Citizenship. N-351 (12-24-52) Renunciation of Danish Citizenship. N-400 (5-1-76) Application to File Petition for Naturalization. N-400A (8-1-68) Supplement to Application to File Petition for Naturalization (under Sec. 324(a) or 327, Immigration and Nationality Act). N-400B (1-1-66) Supplement to Application to File Petition for Naturalization (by a seaman, under Sec. 330 of the Immigration and Nationality Act). N-401 (9-27-5) Preliminary From to take Oath of Allegiance (by woman formerly a citizen, under Sec. 324(c) of the Immigration and Nationality Act, or the Act of June 25, 1936, as amended). N-402 (9-27-75) Application to File Petition for Naturalization in Behalf of a Child (under Sec. 322 or 323, Immigration and Nationality Act). N-403 (12-24-52) Request to have Petition for Naturalization marked "Void". N-404 (8-1-65) Request for Withdrawal of Petition for Naturalization. N-405 (7-1-70) Petition for Naturalization (under general provisions of the Immigration and Nationality Act). N-407 (8-31-71) Petition for Naturalization (in behalf of a child, under Sec. 322 or 323, Immigration and Nationality Act). N-408 (9-30-66) Application to take Oath of Allegiance and Form of such Oath (by a woman formerly a citizen, under Sec. 324(c), Immigration and Nationality Act, or the Act of June 25, 1936, as amended). N-410 (1-1-63) Motion for Amendment of Petition (application). N-414 (12-15-44) Acknowledgment of Filing Petition for Naturalization. N-414a (7-15-65) Acknowledgment of Filing Petition for Naturalization and Index Card. N-425 (6-1-70) Notice to Petitioner of Proposed Recommendation of Denial of Petition for Naturalization. N-426 (7-15-76) Certification of Military or Naval Service. N-440 (3-15-61) Certificate of Examination. N-445 (6-6-76) Notice to Petitioner to Appear in Court for Final Hearing of Petition for Naturalization, and Questionnaire to be Submitted by Petitioner at the Final Hearing. N-445B (9-27-75) Notice to Petitioner To Appear in Court for Final Hearing of Petition for Naturalization Filed in Behalf of His Natural or Adopted Child, and Questionnaire To Be Submitted by Petitioner at the Final Hearing. N-451 (9-27-75) Affidavits of Witnesses (to petition for naturalization). N-455 (4-1-76) Application for Transfer of Petition for Naturalization. N-458 (9-27-75) Application to Correct Certificate of Naturalization. N-459 (12-15-58) Authorization to Clerk of Court to N-460 (6-1-65) Notice to take Depositions. N-470 (9-27-75) Application to Preserve Residence for Naturalization Purposes (under Sec. 316(b) or 317, Immigration and Nationality Act). N-472 (4-28-72) Approval of Application to Preserve Residence for Naturalization Purposes. N-480 (2-5-68) Naturalization Petitions Recommended to be Granted (and) Order of Court Granting Petitions for Naturalization. N-481 (9-20-67) Naturalization Petitions Recommended to be Granted. (Continuation Sheet) N-484 (2-5-68) Naturalization Petitions Recommended to be Denied (and) Order of Court Denying Petitions for Naturalization. N-485 (2-5-68) Naturalization Petitions Recommended to be Granted (on behalf of children) (and) Order of Court Granting Petitions for Natu ralization. N-550 (12-1-69) Certificate of Naturalization. N-565 (4-1-76) Application for a New Naturalization or Citizenship Paper. N-568 (8-15-56) Form Letter Stating Special Certificate of Naturalization has been Forwarded. N-576 (9-27-75) Supplemental Affidavit to be Submitted with Applications of Japanese Renunciants. N-577 (4-1-76) Application for a Special Certificate of Naturalization to Obtain Recognition as a Citizen of the United States by a Foreign State. N-578 (10-3-62) Special Certificate of Naturalization. N-580 (9-27-75) Application for a Certificate of Naturalization or Repatriation (under Sec. 343(a) |