APPLICATIONS FOR PASSPORTS

§ 51.14 Contents of applications.

Before a passport is issued to any person by or under the authority of the United States such person shall subscribe to and submit a written application duly verified by his oath before a person authorized and empowered to administer oaths, and each application shall contain a true recital of each and every matter of fact which may be required by law, or by any rules authorized by law, to be stated as a prerequisite to the issuance of any such passport (Sec. 1, 40 Stat. 227; 22 U.S.C. 213).

§ 51.15 Application to be executed in

person.

The application must be executed in person before a clerk of a Federal court or a State court authorized by the act of June 29, 1906, 34 Stat. 596,' to naturalize aliens, or before an agent of the Department of State within the jurisdiction in which the applicant or the witness to his application resides. However, if, for valid reason, the application is executed before such an official elsewhere, the Secretary of State may in his discretion accept such application. § 51.16

Seal of court or agency to be

affixed.

When the application is executed before a clerk of court, the seal of the court must be affixed to the application. When the application is executed before an agent of the Department of State the seal of the agency of the Department of State must be affixed to the application.

§ 51.17

Application not made at or near residence of applicant.

When the application for a passport is not made at or near the place where the applicant resides, the applicant should give the name and address of a reputable person residing at or near the place of the applicant's residence, to whom the clerk of court, the agent of the Department of State, or the Department of State itself, may address such inquiry as may be necessary concerning the applicant. When it is necessary to make inquiries by telegraph the expense thereof shall be borne by the applicant.

1 The act of June 29, 1906, cited in the text of § 51.15. was superseded by the Nationality Act of 1940 (54 Stat. 1140; 8 U. S. C. 701).

§ 51.19 Change of name.

An applicant whose name has been changed by order or decree of a court should submit with his application a certified copy of such order or decree. An applicant who has changed his name by the adoption of a new name without formal court procedure, if he resides in a State where a formal court procedure is not necessary, should submit with his application the affidavits of two or more persons to the effect that he uses the new name exclusively, has used it exclusively for a stated period of time, and is known by such name in the community in which he resides.

If an applicant desires to use a professional name, he must submit affidavits of two or more persons to the effect that the applicant has used the professional name for a stated period of time. A married woman who uses her maiden name for professional purposes must submit affidavits of two or more persons to the effect that she has used such name for professional purposes for a stated period of time. In the case of an applicant using a professional name, his passport will be written thus: "John Henry Jones (professionally known as Thomas Augustus Smith)." In the case of a married woman using her married name, and also her maiden name as a professional name, the passport will be written thus: "Mary Doe (professionally known as Mary Roe)," and an applicant's name in religion or an author's nom de plume will be similarly written.

§ 51.22 Additional evidence as to name.

The Department of State may, in addition to the evidence required under this part, require such other evidence as it may deem necessary.

CONTENTS OF APPLICATION FOR A PASSPORT § 51.23 Application of native citizen.

Each application of a native citizen for a passport must contain the following:

(a) The applicant's name.

(b) The place and date of applicant's birth.

(c) The name, date and place of birth, and place of residence, of the applicant's father. (If the applicant was born outside of the United States at or after noon, eastern standard time, May 24, 1934, of an alien father and an American mother, a supplemental affidavit shall be required giving the name, and date and place of birth, of the mother and complete data concerning the manner and date of her acquisition of American citizenship.)

(d) The place of permanent residence of the applicant.

(e) Whether the applicant has been naturalized as a citizen of a foreign state or has taken an oath of allegiance to a foreign state.

(f) If the applicant or his father was born abroad, the period of residence of the applicant outside of the United States.

(g) If the applicant's father was born abroad, the date of his emigration to the United States, the period of his residence in the United States, and if naturalized, the date and place of his naturalization as a citizen of the United States.

(h) If the applicant is a woman: Whether she has ever been married; if so, the date of her marriage; the name, and date and place of birth, of her husband; whether he is a citizen of the United States; the place of his residence; her maiden name; whether she was previously married; if so, the name and place of birth of her former husband; the date and place of her former marriage; whether the marriage was terminated by death or divorce and the date thereof; if the present or former husband was born abroad, the date of his emigration to the United States; and if naturalized, the date and place of his naturalization, or if naturalized through his father, the father's name and date and place of his naturalization.

(1) Such further information as the Secretary of State may require to establish satisfactorily the American citizenship of the applicant.

(j) The name of the port from which, and the name and date of sailing of the vessel upon which, the applicant intends to depart from the United States.

(k) The place of issue, and, if possible, the date or approximate date, the number, and the disposition made, of any passport previously issued to the applicant.

(1) The names of the countries the applicant intends to visit and the object of the visit to each. (The Secretary of State may in his discretion require an applicant to submit satisfactory documentary evidence of the object of his visit to each country named in his application.)

(m) The period within which the applicant intends to return to the United States.

(n) A description of the applicant. (0) The applicant's oath or affirmation of allegiance to the United States.

(p) If the applicant desires that members of his family be included in his passport, the information required by § 51.25 shall also be furnished.

(q) The applicant must submit with his application duplicate photographs not more than 3 by 3 inches and not less than 22 by 21⁄2 inches in size, unmounted, printed on thin paper on a light background, showing the full front view of the features of the applicant, and taken within 6 months of the date they are submitted. Snapshot, newspaper, magazine or full-length photographs will not be accepted. One photograph must be signed by the applicant, whose signature should correspond with the signature on the application. The unsigned photograph should be affixed by the clerk of court or passport agent to the application and the seal of the court or passport agency must be impressed on the lower portion of the photograph in such manner as not to obscure the features. The seal of the court or passport agency should not be impressed upon the signed photograph, which should be forwarded to the Department of State to be attached to the passport, if issued. An applicant who is accompanied by members of his family should submit duplicate photographs of the accompanying members. A group photograph is preferable. Photographs

in the uniform of the United States Military or Naval Service will be accepted only from applicants who are in the active service of the United States and are proceeding abroad in the discharge of their duties.

(r) When the applicant applies for a passport he should be accompanied by one credible witness who is an American citizen, has known the applicant for a period of 2 or more years, and has a definite place of residence. The witness must state in the application that he is a citizen of the United States, that he knows the applicant to be a citizen of the United States, that the allegations contained in the application are true to the best of his knowledge and belief, and that he has known the applicant for a definite period of time. If the witness has been issued an American passport he should state the place of issue, and, if possible, give the number and date, or approximate date, of issue. The witness should subscribe and swear to his statement before the clerk of court or passport agent.

(s) If the applicant or the witness is not known to the clerk of court or passport agent and cannot present conclusive documentary evidence of identity, the applicant must obtain as a witness to his application an American citizen who is established in a recognized profession or business and who has his office or place of business within the jurisdiction of the court or the passport agency (e. g., a clergyman, lawyer, physician, banker, broker, real estate dealer, or merchant). Clerks of courts and Passport Agents should satisfy themselves of the identity and bona fides of each applicant and his witness.

(t) A passport issued by the Secretary of State, to which is affixed the photograph and signature of the person to whom the passport was originally issued, will be accepted in lieu of an identifying witness.

(u) No lawyer or other person who expects to receive a fee in connection with the application or passport will be accepted as a supporting witness.

§ 51.24 Application for passport of person claiming citizenship through naturalization.

Each application for a passport of a person claiming citizenship through naturalization must contain the following: (a) The applicant's name.

(b) The date and place of the applicant's birth.

(c) The date of the applicant's emigration to the United States.

(d) The period of the applicant's residence in the United States.

(e) The place of permanent residence of the applicant.

(f) The name of the applicant's father, and whether or not he is an American citizen, place of his birth, place of his present residence, and if naturalized, date and place of his naturalization.

(g) If the applicant claims citizenship through the naturalization of his mother or through the acquisition of citizenship by both of his parents, a supplemental affidavit shall be required giving, in addition to the data required concerning his father, the name, and date and place of birth, of the mother and complete data concerning the manner and date of her acquisition of American citizenship.

(h) If the applicant has been naturalized, upon his own petition, as a citizen of the United States, the date and place of such naturalization.

(i) Whether since naturalization as a citizen of the United States the applicant has been naturalized as a citizen of a foreign state or taken an oath of allegiance to a foreign state.

(j) The periods and places of residence outside of the United States since naturalization.

(k) If the applicant is a woman: Whether she has ever been married; if so, the date of her marriage; name, and date and place of birth, of her husband; whether he is a citizen of the United States; the place of his residence; her maiden name; whether she was previously married; if so, the name and place of birth of her former husband; the date and place of her former marriage; whether the marriage was terminated by death or divorce and the date thereof; if the present or former husband was born abroad, the date of his emigration to the United States; and if naturalized in the United States, the date and place of his naturalization, or if naturalized through his father, the father's name and the date and place of his naturalization.

(1) Such further information as the Secretary of State may require to establish satisfactorily the American citizenship of the applicant.

(m) The name of the port from which, and the name and date of sailing

of the vessel upon which, he intends to depart from the United States.

(n) The place of issue, and, if possible, the date or approximate date of issue, the number and the disposition made, of any passport previously issued to the applicant.

(o) The names of the countries the applicant intends to visit and the object of the visit to each. (The Secretary of State may in his discretion require an applicant to submit satisfactory documentary evidence of the object of his visit to each country named in his application.)

(p) The period within which the applicant intends to return to the United States.

(q) A description of the applicant.

(r) The applicant's oath or affirmation of allegiance to the United States.

(s) The provisions of § 51.23 (q), relating to photographs, and § 51.23 (r)–(u), relating to supporting witnesses, shall also be observed in connection with all applications submitted under this section.

(t) If the applicant desires that members of his family be included in his passport, the information required by § 51.25 shall also be furnished.

(u) If the signature on the application does not conform to the applicant's name as written on his certificate of naturalization, a satisfactory explanation of the difference shall be submitted. § 51.25 Application for passport where members of family are to be included.

When an applicant for a passport desires to include a member or members of his family his application must contain the following:

(a) The names, and dates and places of birth, of other persons to be included in the passport.

(b) In case a wife is to be included in the passport, complete data as to present and any former marriage, including the name, and date and place of birth, of her former husband, the date and place of marriage, whether the marriage was terminated by death or divorce and the date of termination. If the wife was born abroad, the date of her emigration to the United

States; the date and place of her naturalization if she did not acquire American citizenship by marriage; the dates and places of residence abroad since acquiring citizenship; and whether she has been naturalized as a citizen of a foreign state or taken an oath of allegiance to a foreign state since acquiring American citizenship. If the wife acquired citizenship through naturalization of a parent or a formei husband, the name of the parent or the former husband and the date and place of naturalization.

(c) If a native-born husband is included in the application, the date and place of his birth; the dates and places of residence abroad; the name of his father; the date and place of his father's birth, and, if born abroad, the date of his emigration to the United States, and the dates and places of his residence in the United States; if naturalized, the date and place of his naturalization and the dates and places of his residence outside of the United States subsequent to naturalization; and whether the husband or his father has been naturalized as a citizen of a foreign state or taken an oath of allegiance to a foreign state. If the husband's father has acquired American citizenship through naturalization of a parent, in addition to the foregoing, the name of the parent and date and place of naturalization.

(d) If a foreign-born husband is included in the application, the date and place of his birth; the date of his emigration to the United States; the date and place of his naturalization; dates and places of residence abroad since naturalization; and whether he has been naturalized as a citizen of a foreign state or taken an oath of alegiance to a foreign state since naturalization as a citizen of the United States. If the husband has acquired citizenship through naturalization of a parent, the name of the parent and the date and place of naturalization.

(e) If the husband or wife who is included in the application has previously been issued a passport, the place of issue, and, if possible, the date or approximate date of issue, the number, and the disposition made, of the passport previously issued.

§ 51.26 Application of resident of outlying possession who was not born or naturalized in the United States but who owes permanent allegiance. Application of a resident of an outlying possession of the United States who was not born or naturalized in the United States but who owes permanent allegiance, whether citizen or not, to the United States, must contain the following:

(a) A resident of an outlying possession of the United States who was not born or naturalized in the United States but who owes permanent allegiance, whether citizen or not, to the United States must state in his application such facts concerning the date and place of his birth and the birth of his father, the dates and places of his and his father's residence in the United States and in the outlying possessions of the United States, and the dates and places of his residence abroad; and such other facts as may be necessary to determine his nationality status; also a statement indicating whether since acquiring American nationality he has been naturalized as a citizen of a foreign state or taken an oath of allegiance to a foreign state.

(b) If the applicant is a woman: Whether she has ever been married; if so, the name, and date and place of birth, of her husband, his nationality status; the place of his residence; her maiden name; whether she was previously married, and, if so, the name and place of birth of her former husband; the date and place of her former marriage; whether the marriage was terminated by death or divorce and the date thereof; and if the present or former husband was born abroad, the date of his emigration to the United States or an outlying possession of the United States.

(c) The applicant shall also comply with the requirements of § 51.23 (j)–(o).

(d) The provisions of § 51.23 (q), relating to photographs, and § 51.23 (r)— (u), relating to supporting witnesses, shall also be observed in connection with applications submitted under this section.

(e) If the applicant desires that members of his family be included in his passport, he shall furnish such information with respect to them as may be required by the rules in this part for the purpose of determining their nationality status.

(f) The applicant must submit such further information as the Secretary of State may require to establish satisfactorily his status as an American national.

[E. O. 7856, 3 F. R. 799, Mar. 31, 1938, as amended at 8 F. R. 7308, June 2, 1943]

AMENDMENT OF PASSPORTS

§ 51.27 By Department of State or its passport agents.

Passports may be amended in the United States by the Department of State or any of the passport agents of the Department of State.

§ 51.28 To include only citizens of the United States.

Passports may be amended to include only those persons who are cititzens of, or who owe permanent allegiance to, the United States.

§ 51.29 Request for amendment should be in writing and contain documentary evidence of citizenship.

A request for the amendment of a passport to include any person should be in writing and accompained by documentary evidence that such person is a citizen of the United States or owes permanent allegiance to the United States, and by two photographs meeting the requirements of the rules in this part. CROSS REFERENCE: For requirements as to passport photographs, see § 51.23 (q).

§ 51.30

Inclusion of persons in immediate family.

A passport may be amended to include any of the persons specified in §§ 51.751.13, that is, any of the persons who might have been included in the passport when originally issued.

§ 51.31 Inclusion of person bearing a valid passport in his own name.

A passport will not be amended to include a person who bears a valid passport issued in his own name unless such passport is submitted for cancellation. § 51.32 Persons included in a valid passport.

A passport will not be amended to include a person who is included in a valid passport unless such passport is submitted for amendment to exclude such person.