The applicant, except in the case of a person physically or otherwise 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 write. One photograph shall be glued to the original application and one to each copy thereof and impressed with the legend machine so as not to cover the features. Officers not having a legend machine will use the impression seal. The consular impression seal should invariably be used in completing the application. Fingerprints of the applicant shall be required and attached to the application and each copy thereof, as in the case of a visa. § 50.47 Independent investigation.

When an application for a certificate of identity is executed before a diplomatic or consular officer, an independent investigation of the facts in the case should be made, as far as practicable, by such officer, even though the application and proofs submitted therewith may on their face appear to justify issuance of a certificate of identity.

§ 50.48 Good faith and substantial basis of claim of United States nationality. (a) Relationship to provision concerning loss of nationality. The provision in section 503 of the Nationality Act of 1940 that a certificate of identity shall not be denied "solely on the ground that such person has lost a status previously had or acquired as a national of the United States" is to be read with the provision of the section that the claim of nationality presented in the court action be made in good faith and have a substantial basis.

(b) Meaning of good faith. Good faith means an honest belief of the applicant that he is a national of the United States, and is to be determined by the diplomatic or consular officer of the United States in the light of the facts and circumstances of each case. For example, where it appears that United States nationality has been lost by naturalization of the person upon his own application in a foreign state, good faith would appear to be lacking in the absence of a satisfactory showing to the contrary. Special care should be taken in the examination of the case of an applicant who, while in a foreign state, has exercised any rights or performed any duties for which only nationals of such state are eligible.

(c) Meaning of substantial basis. A substantial basis of a claim of United States nationality means one which satisfies the diplomatic or consular officer of the United States at the claim of the applicant that he is a national of the United States is, notwithstanding any previous ruling of a department, agency, or executive official of the United States, sufficiently meritorious to justify resort to the court for a determination of the question.

§ 50.49

Denial of a right or privilege as

a national of the United States. Denial by a department or agency or executive official of the United States of a right or privilege as a national of the United States may have occurred in the administration of various laws. For example, it may have occurred where a person applied as a national of the United States for a passport or for registration at an American consulate or for nonquota status as an alien wife or alien minor child of an American citizen under sections 4 and 9 of the Immigration Act of 1924, and the application was denied on the ground that the applicant was not a national of the United States. § 50.50 Proof of institution of action.

Proof that the applicant has instituted an action referred to in § 50.46 is best made by presentation of a duly certified copy of the complaint filed in the action. The presentation of such a copy may be waived only when other evidence is furnished which satisfactorily establishes that the suit has been instituted and is pending.

§ 50.51

In case of doubt as to issuance of certificate of identity.

Where it appears that the presence of the applicant in the United States would endanger the public safety or where the diplomatic or consular officer believes that the applicant is a national of the United States and entitled to a passport as such or where the diplomatic or consular officer has any doubt with respect to the action he should take upon the application for a certificate of identity, the officer should suspend action and consult the Department of State. § 50.52

Form and issuance of certificate of identity.

The certificate of identity shall be issued on the approved form, printed upon the application form. It shall be signed

set forth definitely the grounds for the denial. The original application and any documentary evidence submitted by the applicant shall be retained in the files of the office to which the application was submitted. One copy shall be returned to the applicant, and two copies shall be sent to the Department of State, one of which shall be forwarded to the Central Office, Immigration and Naturalization Service, Department of Justice.

§ 50.55 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.

§ 50.57 Repeal of section 503, and savings clause.

Section 503 of the Nationality Act of 1940 was repealed by section 403(a) (42) of the Immigration and Nationality Act of 1952. However, section 405(a) of that act provides in part as follows:

Nothing contained in this Act, unless otherwise specifically provided therein, shall be construed to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization, certificate of citizenship, warrant of arrest, order or warrant of deportation, order of exclusion, or other document or proceeding which shall be valid at the time this Act shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, done or existing, at the time this Act shall take effect; but as to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters the statutes or parts of statutes repealed by this Act are, unless otherwise specifically provided therein, hereby continued in force and effect.

§ 51.1 Authority to issue passports.

Only the Secretary of State ray grant and issue passports in the United States. TO WHOM PASSPORTS ARE ISSUED § 51.2

Passports issued only to those owing allegiance to United States.

No passport shall be granted or issued to any other persons than those owing allegiance, whether citizens or not, to the United States (R. S. 4076, 32 Stat. 386; 22 U.S.C. 212).

§ 51.3 Minors; application for passport. Unless a request is made by the parental or other guardian that a passport be denied, passports may be issued to minors upon their own application. § 51.4 Minors; execution of application. Children may execute applications in their own behalf when of sufficient intelligence to understand the statements, and the meaning of the oath of allegiance to the United States, contained in the applications.

§ 51.5 Children 12 years of age.

As a rule, children of 12 years of age or more should be required to execute their own applications for passports.

§ 51.6 Parents or guardians may execute applications.

If circumstances warrant, a parent or guardian may execute applications for

§ 51.10

Minor brother or sister.

A minor brother or sister may be included in the passport of an older brother or sister.

§ 51.11 Minor grandchild, niece, or nephew.

A minor grandchild, niece, or nephew of tender years may be included in the passport of the relative when the application therefor is accompanied by a request from the parental or other guardian.

§ 51.12 Adopted children.

Adopted children who are American citizens may be included in a passport issued to the adoptive parents.

CROSS REFERENCE: For regulations regarding citizenship of adopted alien children, see § 51.62.

§ 51.13

Minor child who will attain majority within 2 years.

A minor child who will attain majority within 2 years may be included in a passport issued to a parent under the conditions stated in §§ 51.7-51.13 but such passport shall be limited in validity to the date when such minor child shall attain majority. In the discretion of the Secretary of State an exception may be made to this section when the minor child will attain majority within a period not exceeding 3 months prior to the date of the expiration of the usual 2-year period for which a passport is issued.