such other evidence of identity and citizenship as may appear to him to be available.

§ 50.27 Form and execution of application.

(a) The application for a certificate of identity shall be made in quadruplicate on Form FS-343 (revised) and shall be signed and sworn to (or affirmed) by the applicant in person before a diplomatic or consular officer of the United States.

(b) The affidavit of the witness, if not waived, shall also be made before a diplomatic or consular officer of the United States.

(c) The application shall be accompanied by nine identical photographs of the applicant taken within thirty days of the date on which the application is filed. The photographs shall be two by two inches in size, unmounted, printed on thin paper, have a light background, and clearly show a full front view of the features of the applicant (with head bare, unless the applicant is a member of a religious order wearing a headdress), with the distance from the top of head to point of chin approximately one and one fourth inches. Snapshot, group, or fulllength pictures will not be accepted.

(d) 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.

(e) 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.

(f) The remaining five photographs shall be affixed in like manner to the certificate of identity and copies thereof in the event that document is issued to the applicant.

(g) Officers not having a legend machine will use the impression seal. The consular impression seal should invariably be used in completing the application.

(h) Fingerprints of the applicant shall be required and attached to the application and each copy thereof.

§ 50.28 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 proof submitted therewith may, on their face, appear to justify the issuance of a certificate of identity. Such investigation should include an investigation of all the facts and circumstances which would result in loss of American nationality.

§ 50.29

New or additional evidence.

At any time during the processing of an application for a certificate of identity, when new or additional evidence which casts doubt on the validity of the original decision that the applicant was not a citizen of the United States comes to the attention of a diplomatic or consular officer, he shall forward the evidence, together with his comments regarding its credibility, to the Department of State. Pending the receipt of the Department's decision in the matter, the diplomatic or consular officer shall take no further action on the application for the certificate of identity.

§ 50.30

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. Good faith may be considered as lacking when false statements have been made or false documentary evidence has been submitted to the Department, independent agency, or official thereof. Also, 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, or where the facts of the case indicate that he may have expatriated himself in some man

ner. Good faith will not be considered as established unless the applicant is able to present evidence to show that he is in fact the individual he claims to be. § 50.31 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 that 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 a determination of the question by the Attorney General in connection with an application for admission into the United States. A substantial basis may not be deemed to exist where a court of the United States has held that the person concerned is not an American national.

§ 50.32 Denial of a right or privilege as a national of the United States. Denial by a department or agency or official of the United States of a right or privilege as a national of the United States may occur in the administration of various laws. It should appear that the right or privilege denied was one to which the person would otherwise have been entitled but for the fact that he was deemed not to have been a national of the United States. For example, such denial may occur where a person has applied as a national of the United States for a passport or for registration at an American consulate or for nonquota status of an alien wife or minor child, and the application is denied on the ground that the applicant is not a national of the United States. The denial of a right or privilege on the ground that the person has not established his identity is not a denial of any right or privilege as a national of the United States within the meaning of section 360 (b) of the Immigration and Nationality Act (66 Stat. 273). § 50.33

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 con

sular 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.

§ 50.34

Sixty days' notice prior to issuance of certificate of identity.

If the diplomatic or consular officer decides that the issue of a certificate of identity is warranted, he shall give the Department of State by cable sixty days' notice of his intention to issue a certificate of identity and of the travel plans and port of arrival of the applicant. At the same time, he shall forward to the Department by mail three copies of the application for a certificate of identity, a report in triplicate of the result of the independent investigation conducted by him, and the original documentary evidence which was submitted in support of the application. Upon the receipt of the copies of the application and evidence, the Department of State will forward to the District Director of the Immigration and Naturalization Service for the port of arrival full details concerning the case.

§ 50.35 Form and execution of certificate of identity.

The

The certificate of identity shall be prepared in quintuplicate on Form FS-343a. It shall be signed and sealed by the diplomatic or consular officer, who shall state on the original and each copy thereof the date and place of issuance. The original shall be delivered to the applicant. four copies shall be marked "copy". One copy shall be retained in the files of the issuing office, one copy shall be sent to the District Director of the Immigration and Naturalization Service for the port of arrival, and two copies shall be sent to the Department of State.

§ 50.36 Period of validity of certificate of identity.

A certificate of identity shall be issued only after the applicant has completed his travel plans. The certificate shall expire two months from the date of its issuance and shall be extended only upon the recommendation of the Immigration and Naturalization Service. § 50.37

Denial of certificate of identity. In case the certificate of identity is denied by a diplomatic or consular officer, a notation to that effect shall be

made by him in the space provided therefor at the end of the original application and on each copy thereof. The notation shall set forth definitely the factual and/or legal grounds for the denial. The original application 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 together with all original documentary evidence submitted by the applicant.

§ 50.38 Appeal by applicant.

(a) 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.

(b) 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 and an investigation shall be made by the diplomatic or consular officer of the new or additional facts alleged. A report of this investigation shall accompany the applicant's statement to the Department of State. The original statement and one copy shall be forwarded by the diplomatic or consular officer to the Department of State. One copy of the statement shall be retained in the files of the diplomatic or consular office in which the denial was made and a copy returned to the applicant.

(c) 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 by the taking office. The office in which the application was denied shall

retain one copy and forward the original and the other copy to the Department of State.

§ 50.39

Direct appeal to the Secretary of State by attorney in the United States. When a certificate of identity has been refused by a diplomatic or consular officer abroad, the applicant may appeal directly to the Secretary of State through his attorney in the United States. The appeal shall be directed to the Passport Office of the Department of State. No special form is prescribed for such appeal. The evidence to be furnished in the appeal through the attorney, in the United States shall be as prescribed in § 50.38. The Passport Office will process the appeal in due course in accordance with the facts in each individual case. § 50.40 Certificate of identity obtained by fraud or other illegality.

Whenever a certificate of identity is found by a diplomatic or consular officer of the United States to have been obtained by fraud or other illegality, or to be in the possession of a person other than the rightful holder, such officer shall, if practicable, obtain possession of the certificate and send it, together with a report on the matter, directly to the Department of State.

CERTIFICATE OF IDENTITY FOR ADMISSION TO THE UNITED STATES TO PROSECUTE AN ACTION UNDER SECTION 503 OF THE NATIONALITY ACT OF 1940

AUTHORITY: §§ 50.45 to 50.57 issued under sec. 503, 54 Stat. 1171, sec. 4, 63 Stat. 111, as amended; 8 U. S. C. 903, 5 U. S. C. 151c.

§ 50.45

Issuance of certificate of identity under the Nationality Act of 1940.

Section 503 of the Nationality Act of 1940 (54 Stat. 1171, 1172; 8 U. S. C. 903) provided:

If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad, may institute an action against the head of such Department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the district in which such person claims a permanent residence for a judgment declaring him to be a national of the United

States. If such person is outside the United States, and shall have instituted such an action in court, he may, upon submission of a sworn application showing that the claim of nationality presented in such action is made in good faith and has a substantial basis, obtain from a diplomatic or consular officer of the United States in the foreign country in which he is residing a certificate of identity stating that his nationality status is pending before the court, and may be admitted to the United States with such certificate upon the condition that he shall be subject to deportation in case it shall be decided by the ccurt that he is not a national of the United States. Such 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; and from any denial of an application for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing the reasons for his decision. The Secretary of State, with approval of the Attorney General, shall prescribe rules and regulations for the issuance of certificates of identity as above provided.

§ 50.46 Application for certificate of identity.

(a) What application shall show. The application for a certificate of identity shall show:

(1) The full and true name of the applicant;

(2) The place of his residence outside the United States;

(3) That he claims to be a national of the United States, and the basis of such claim and evidence submitted in support thereof;

(4) That such claim is made in good faith and upon a substantial basis;

(5) That he claims a right or privilege as a national of the United States, and specifically the nature of such claim;

(6) That such right or privilege has been denied him by a specified department or agency or executive official of the United States on the ground that the applicant is not a national of the United States, and the date and place of such denial;

(7) That an action for a judgment declaring applicant to be a national of the United States has been instituted by him against the head of such department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the specified district in which he claims permanent residence;

(8) That such action was instituted in good faith with the intention of prosecuting it to conclusion and is pending in such court;

(9) That he desires to proceed to the United States to prosecute such action;

(10) That, if granted a certificate of identity and admitted to the United States for the purpose of prosecuting such action, he will do so with due diligence;

(11) That he understands that admission to the United States upon such certificate shall of identity be under regulations prescribed by the Immigration and Naturalization Service, and upon the condition that he shall be subject to deportation if the final outcome of such court action is not to the effect that he is a national of the United States and if he then fails to depart therefrom without delay in accordance with directions from the Immigration and Naturalization Service; and

(12) Such other facts and proofs, with respect to the foregoing, as may be required by the application form or by the diplomatic or consular officer before whom the application for a certificate of identity is executed.

(b) Supporting witness. The application for a certificate of identity shall be supported by the affidavit of a credible witness, but this requirement may be waived in the discretion of the officer before whom the application is executed.

(c) Form and execution. The application for a certificate of identity shall be made in quadruplicate on an approved form and shall be signed and sworn to (or affirmed) by the applicant in person before a diplomatic or consular officer of the United States. The affidavit of the witness, if not waived, shall also be made before a diplomatic or consular officer of the United States. The application shall be accompanied by four photographs of the applicant taken within thirty days of the date on which the application is filed. The photographs shall be 2 by 2 inches in size, unmounted, printed on thin paper, have a light background, and clearly show a full front view of the features of the applicant (with head bare, unless the applicant is a member of a religious order wearing a headdress), with the distance from the top of head to point of chin approximately 14 inches. Snapshot, group, or full length pictures will not be accepted.

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