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and sealed by the diplomatic or consular application for the certificate of identity officer, who shall state on the original and any documentary evidence suband each copy thereof the date and place mitted by the applicant, if the copies of issuance. The three copies shall be have not already been sent to that Demarked “copy”. One copy and any doc- partment. One copy of the statement umentary evidence submitted by the ap- shall be retained in the files of the diploplicant shall be retained in the files of the matic or consular office in which the issuing office, and two copies sent to the denial was made and one copy returned Department of State, one of which shall to the applicant. If it is not practicable be forwarded to the Central Office, Im- for the statement to be sworn to or afmigration and Naturalization Service, firmed by the applicant in the diplomatic Department of Justice.

or consular office in which the denial was

made, it may be sworn to or affirmed in $ 50.53 Period of validity of certificate of identity.

any other diplomatic or consular office of

the United States. In such case, the A certificate of identity shall expire six original and two copies of the statement months from the date of its issuance, un- shall be forwarded by that office to the less extended by direction of the Secre- diplomatic or consular office in which the tary of State.

application was denied, but if that is not $ 50.54 Denial of certificate of identity.

practicable they shall be sent directly to the Department of State.

One copy In case the certificate of identity is shall be returned to the applicant. denied by a diplomatic or consular officer, a notation to that effect shall be made by $ 50.56 Certificate of identity obtained him in the space provided therefor at the by fraud or other illegality. end of the original application and on Whenever a certificate of identity is each copy thereof. The notation shall found by a diplomatic or consular officer set forth definitely the grounds for the

of the United States to have been obdenial. The original application and any tained by fraud or other illegality, or to documentary evidence submitted by the be in the possession of a person other applicant shall be retained in the files of

than the rightful holder, such officer the office to which the application was shall, if practicable, obtain possession of submitted. One copy shall be returned the certificate and send it, together with to the applicant, and two copies shall be a report on the matter, directly to the sent to the Department of State, one of Department of State. which shall be forwarded to the Central Office, Immigration and Naturalization

$ 50.57 Repeal of section 503, and savService, Department of Justice.

ings clause. 8 50.55 Appeal by applicant.

Section 503 of the Nationality Act of When an applicant is denied a certifi

1940 was repealed by section 403(a) (42) cate of identity, he may appeal by a writ

of the Immigration and Nationality Act ten statement to the Secretary of State,

of 1952. However, section 405(a) of that setting forth fully the pertinent facts and

act provides in part as follows: the grounds upon which United States Nothing contained in this Act, unless nationality is claimed and his reasons for otherwise specifically provided therein, shall considering that the denial of his appli

be construed to affect the validity of any deccation by the diplomatic or consular offi

laration of intention, petition for naturalizacer is not justified. The statement shall

tion, certificate of naturalization, certificate

of citizenship, warrant of arrest, order or be executed in quadruplicate and sub

warrant of deportation, order of exclusion, or mitted to the diplomatic or consular other document or proceeding which shall office in which the denial was made. If be valid at the time this Act shall take effect; the statement contains facts not set forth or to affect any prosecution, suit, action, or in the application it shall be sworn to

proceedings, civil or criminal, done or exist(or affirmed) by the applicant before a

ing, at the time this Act shall take effect; diplomatic or consular officer of the

but as to all such prosecutions, suits, actions, United States. The original statement

proceedings, statutes, conditions, rights, acts,

things, liabilities, obligations, or matters the and one copy shall be forwarded by the

statutes or parts of statutes repealed by this diplomatic or consular officer to the De- Act are, unless otherwise specifically provided partment of State with two copies of the therein, hereby continued in force and effect.

Sec. 51.33 Exclusion of person or persons origi

.nally included. 51.34 Documentary evidence of object of

applicant's journey. PERIOD OF VALIDITY OF PASSPORTS; RENEWAL

AND EXTENSION 51.85 Original period of validity 2 years. 51.36 Renewal; documentary evidence con

cerning object of applicant's Journey.

PART 51—PASSPORTS
Subpart A-Regulations of the President
Sec.
51.1 Authority to issue passports.

TO WHOM PASSPORTS ARE ISSUED 51.2 Passports issued only to those owing

allegiance to United States. 51.3 Minors; application for passport. 51.4 Minors; execution of application. 51.5 Children 12 years of age. 51.6 Parents or guardians may execute

applications. PERSONS WHO MAY BE INCLUDED IN ONE

PASSPORT 51.7 Citizens of the United States or those

owing allegiance. 51.8 Husband and wife. 51.9 Parent and unmarried minor chil

dren. 51.10 Minor brother or sister. 51.11 Minor grandchild, niece, or nephew. 51.12 Adopted children. 51.13 Minor child who will attain majority

within 2 years.

APPLICATIONS FOR PASSPORTS 51.14 Contents of applications. 51.15 Application to be executed in person. 51.16 Seal of court or agency to be afixed. 51.17 Application not made at or near resi

dence of applicant.

NAMES AND TITLES 51.18

Full name of applicant. 51.19

Change of name. 51.20 Maiden name. 51.21 Professional name. 51.22 Additional evidence as to name.

CONTENTS OF APPLICATION FOR A PASSPORT 51.23 Application of native citizen. 51.24 Application for passport of person

claiming citizenship through nat

uralization. 51.25

Application for passport where mem

bers of family are to be included. 51.26 Application of resident of outlying

possession who was not born or naturalized in the United States but who owes permanent allegiance. AMENDMENTS OF PASSPORTS By Department of State or its pass

port agents. 51.28 To include only citizens of the United

States.
Request for amendment should be in

writing and contain documentary

evidence of citizenship. 51.30

Inclusion of persons in immediate

FEE FOR EXECUTION OF APPLICATION, FOR ISSUE,

AND FOR RENEWAL OF PASSPORT; EXEMPTIONS FROM PAYMENT OF FEE FOR ISSUE OF

PASSPORTS 51.37 Fee for execution of application for

passport. 51.38 Fee for issue of passport. 51.39 Retention by State officials of fee for

execution of application. 51.40 Fees for execution of applications for

issue and renewal of passports to

accompany applications. 51.41 Regulations for transmission to Sec

retary of State of fees collected in

passport agencies. 51.42 Oficers or employees of United States

abroad on oficial duty. 51.43 Written request from head of de

partment or office. 51.44 Member of immediate family of ap

plicant. 51.45 American seamen. 51.46 American seamen employed as such

on American vessels. 51.47 American seamen employed as such

on foreign vessels. 51.48 Seamen's certificate of American cit

izenship to be submitted with

application for passport. 51.49 Immediate family of American sol

dier, sailor, or marine buried

abroad. 51.50 Statement from Department of the

Army giving name of deceased sol. dier, sailor, or marine, and place of burial.

51.27

51.29

family. 51.31 Inclusion of person bearing a valid

passport in his own name. 51.32 Persons included in a valid passport.

EVIDENCE OF CITIZENSHIP TO ACCOMPANY

APPLICATIONS FOR PASSPORTS 51.51 Birth certificate. 51.52 Evidence of birth in United States

of father of applicant born abroad. 51.53 Reference to application for passport

previously issued. 51.54 Person born abroad after noon, east

ern standard time, May 24, 1934,

of mother born in United States. 51.55 Person born abroad after noon, east

ern standard time, May 24, 1934, of

parents born in United States. 51.56 Person born abroad whose father,

born abroad, acquired American citizenship at birth.

Sec.

Sec.
51.57 Person born abroad after noon, east- 51.110 Surrender of old passports.

ern standard time, May 24, 1934, 51.111 Method of cancelation.
whose mother, born abroad, ac- 51.112 Notation of cancelation.
quired American citizenship at 51.113 Old passports of naturalized citizens.
birth.

51.114 Inability to present old passport for 51.58 Person born abroad claiming citizen

surrender. ship at birth through parent nat

51.115 Section 2 of the act of May 16, 1932; uralized as citizen.

period of validity. 51.59 Person naturalized in his own right.

51.116 Passports valid for 2 years; restricted 51.60 Child of naturalized citizen.

periods. 51.61 Reference to application for passport

51.117 Period of validity of renewed passpreviously issued.

ports. 51.62 Adopted alien child.

51.118 Fee for renewal. 51.63 Application including wife of appli

51.119 No fee for extension of passport to cant.

make it valid for 2 years from date 51.64 Application including husband of ap

of issue, etc. plicant.

51.120 Minor child. 51.65 Further information concerning

51.121 Remaining validity of more than 6 American citizenship.

months. EVIDENCE OF CITIZENSHIP TO ACCOMPANY A

51.122 Requests for renewal. WOMAN'S APPLICATION FOR A PASSPORT

51.123 Passport to accompany request for

renewal. 51.66 American-born women.

51.124 Requests for the extension of the 51.67 Evidence of husband's citizenship.

validity of a passport to the 2- or 51.68 American citizenship lost by mar

4-year period. riage to alien.

51.125 Applicant for renewal to submit doc51.69 Alien-born women.

umentary evidence of the necessity 51.70 Additional evidence of American citi

of his journey abroad. zenship.

51.126 Section 1 of the act of June 4, 1920; RESIDENT OF OUTLYING POSSESSION OF

fee for executing an application

THE UNITED STATES NOT BORN OR NATURALIZED IN

for a passport. THE UNITED STATES BUT WHO OWES PERMA

51.127 Fees to be retained by clerks of NENT ALLEGIANCE, WHETHER A CITIZEN OR

courts other than Federal courts. NOT, TO THE UNITED STATES

51.128 Section 4 of the act of June 4, 1920;

refunds of passport fees. 51.71 Resident of outlying possession of 51.129 Return of passport fees.

the United States to give facts nec- 51.130 Fees erroneously collected.
essary to determine nationality

51.131 Inquiries concerning applications status.

submitted. 51.72 Additional documentary evidence of

51.132 Applications to be submitted sufiAmerican nationality.

ciently far in advance. 51.73 Citizen of Commonwealth of the

51.133 Address of communications. Philippines.

51.134 Applications to be made out comAFFIDAVITS

pletely on most recent forms. 51.74 Affidavits.

51.135 Denial of passports to members of

Communist organizations.
ADDITIONAL REGULATIONS

51.136 Limitations on issuance of passports 51.75 Refusal to issue passport.

to certain other persons. 51.76

51.137 Violation of passport restrictions.

Tentative denial of passports and 51.77 Secretary of State authorized to

available administrative proce

dures. make passport regulations.

51.138 Procedure for review of tentative deSubpart B-Regulations of the Secretary of State

nial.

51.139 51.101 Passport agents of the Department

Appeal by passport applicant. of State.

BOARD OF PASSPORT APPEALS 51.102 Photographs. 51.103 Blank forms.

51.150 Creation and functions of Board of 51.104 Blank forms supplied to passport

Passport Appeals. agents.

51.151 Organization of Board. 51.105 Transmission of applications by reg

51.152 Chairman. istered mail.

51.153 Counsel to the Board. 51.106 Transmission of applications by spe

51.154 Examiner. cial delivery or air mail.

51.155 Duty of Board of advise Secretary of 51.107 Immediate action upon application.

State on action for disposition of 51.108 Transmission to applicant by regis

appealed cases. tered mail.

51.156 Basis for findings of fact by the 51.109 Transmission to applicant by special

Board. delivery or air mail.

51.157 Decisions of the Board.

Sec.

passports on behalf of minors of any age. 51.158 Delivery of papers.

The application should be signed thus: 51.159 Notice of hearing.

"Richard Roe, by John Roe, father.” 51.160 Appearance.

The oath of allegiance to the United 51.161 Applicant's attorney.

States need not be administered. 51.162 Hearings. 51.163 Admissibility.

PERSONS WHO MAY BE INCLUDED IN ONE 51.164 Privacy of hearings.

PASSPORT 51.165 Misbehavior before Board. 51.166 Transcript of hearings.

$ 51.7 Citizens of the United States or 51.167 Notice of decision.

those owing allegiance. GENERAL APPLICABILITY OF REVIEW AND APPEAL Only persons who are citizens of, or PROCEDURES

who owe allegiance to, the United States 51.170 Applicability of $$ 51.138–51.167.

may be included in a passport of the

United States. Subpart A-Regulations of the

$ 51.8

Husband and wife.
President

A passport issued to a husband or wife AUTHORITY: The provisions of this Subpart

may include his or her spouse.
A issued under sec. 1, 44 Stat. 887; 22 U.S.C.
211a.

§ 51.9
Parent and unmarried

minor

children. SOURCE: The provisions of this Subpart A contained in Executive Order 7856, 3 F.R. 799, A passport issued to a parent may inMar. 31, 1938, unless otherwise noted. Re

clude his or her unmarried minor childesignated by Departmental Regulation dren or stepchildren. 108.77, 13 F.R. 6349, Oct. 29, 1948.

$ 51.10 Minor brother or sister. $ 51.1 Authority to issue passports.

A minor brother or sister may be inOnly the Secretary of State riay grant cluded in the passport of an older brother and issue passports in the United States. or sister. TO WHOM PASSPORTS ARE ISSUED $ 51.11 Minor grandchild, niece,

nephew. $ 51.2 Passports issued only to those owing allegiance to United States.

A minor grandchild, niece, or nephew

of tender years may be included in the No passport shall be granted or issued

passport of the relative when the applito any other persons than those owing

cation therefor is accompanied by a allegiance, whether citizens or not, to the

request from the parental or other United States (R. S. 4076, 32 Stat. 386;

guardian. 22 U.S.C. 212).

§ 51.12 Adopted children. $ 51.3 Minors; application for passport.

Adopted children who are American Unless a request is made by the

citizens may be included in a passport parental or other guardian tha a pass- issued to the adoptive parents. port be denied, passports may be issued to minors upon their own application.

CROSS REFERENCE: For regulations regard

ing citizenship of adopted alien children, see § 51.4 Minors; execution of application. § 51.62. Children may execute applications

§ 51.13 Minor child who will attain main their own behalf when of sufficient jority within 2 years. intelligence to understand the state

A minor child who will attain majorments, and the meaning of the oath of allegiance to the United States, con

ity within 2 years may be included in a tained in the applications.

passport issued to a parent under the

conditions stated in $ $ 51.7-51.13 but $51.5 Children 12 years of age.

such passport shall be limited in validity As a rule, children of 12 years of age or

to the date when such minor child shall more should be required to execute their attain majority. In the discretion of the own applications for passports.

Secretary of State an exception may be

made to this section when the minor $ 51.6 Parents or guardians may execute child will attain majority within a period applications.

not exceeding 3 months prior to the date If circumstances warrant, a parent or of the expiration of the usual 2-year guardian may execute applications for period for which a passport is issued.

or

NAMES AND TITLES § 51.18 Full name of applicant.

The passport application shall contain the full name of applicant, thus "John Henry Smith,” not “J. H. Smith.” A married woman's name should, ordinarily, be written thus: “Mary Elizabeth Doe,” not “Mrs. John Doe.”

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.

§ 51.19 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.

$ 51.20

Maiden name. A married woman desiring a passport issued in her maiden name must submit with her application the affidavits of two or more persons to the effect that she uses her maiden name exclusively, has used it exclusively for a stated period of time, and is known by such name in the community in which she resides.

$ 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.

§ 51.21

Professional name. 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.

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).

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