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mit with his application a written request $ 51.48 Seaman's certificate of Amerifor a passport from the head of the de

can citizenship to be submitted with partment or office in which he is em

application for passport. ployed. The request should set forth the

A seaman who possesses a seaman's nature of the employment of the appli

certificate of American citizenship should cant, the names of the countries in which

submit such certificate with his applicahe intends to travel, and the official na

tion for a passport. No other document ture of the journey abroad. These con

issued to a seaman under laws applicable ditions shall be applicable to the renewal

to seamen shall be required to be surof a passport to an officer or employee of

rendered in connection with an applicathe United States.

tion for a passport. § 51.44 Member of immediate family of

$ 51.49 Immediate family of American applicant.

soldier, sailor, or marine buried An applicant who is a member of the abroad. immediate family of an officer or em

No fees shall be collected for passports ployee of the United States who intends

issued to widows, children, parents, to go abroad on official business, or who

brothers, and sisters of an American is abroad on such business, shall not

soldier, sailor, or marine buried abroad, be required to submit documentary evi

who intend to go abroad for the purdence of the official status of the officer

pose of visiting the grave of such solor employee of the United States of

dier, sailor, or marine. (See sec. 1, 41 whose immediate family he is a member

Stat. 750; 22 U. S. C. 214.) if he will refer to the passport application made by such officer or em

$ 51.50 Statement from Department of ployee and such application meets the

the Army giving name of deceased requirements of the preceding section.

soldier, sailor, or marine, and place

of burial. § 51.45 American seamen.

In order to be issued a passport withNo fees shall be collected for passports out payment of the passport fee, such issued to American seamen. (See sec. 1,

applicant (under $ 51.49), proceeding 41 Stat. 750; 22 U.S.C. 214.)

abroad for the purpose stated, must $ 51.46 American seamen employed as

submit with his application a statement such on American vessels.

from the Department of the Army,

Washington, D. C., setting forth the Passports should not be issued to Amer

name of the deceased American soldier, ican seamen employed as such on Ameri

sailor, or marine to whom the applicant can vessels unless documentary evidence

claims relationship, and the place of is submitted to the Secretary of State burial in a foreign country. A passport satisfactorily establishing that it is nec

issued upon such application will be essary for the seaman to bear an Ameri

valid only for the country in which the can passport, in addition to the ordinary

deceased soldier, sailor, or marine is official documents issued to seamen, in buried and the countries en route. which case they may be issued passports valid for a period suficient to enable

EVIDENCE OF CITIZENSHIP TO ACCOMPANY them to carry out the purpose for which

APPLICATIONS FOR PASSPORTS the passport is desired. Seamen not

§ 51.51 Birth certificate. traveling as such are not exempt from the payment of the passport fee.

A person born in the United States in a

place where official records of birth were $ 51.47 American seamen employed as kept at the time of his birth must submit such on foreign vessels.

with the application a birth certificate Passports shall not be issued to Ameri

under the seal of the official custodian of can citizens who are employed or expect

birth records. A certificate to be acto be employed as seamen on foreign ves

ceptable must show the date and place of sels unless the necessity for the posses

birth and that the record thereof was sion of a passport is established to the

made at the time of birth or shortly satisfaction of the Secretary of State.

thereafter. If a birth certificate is not However, in such case the seaman is not

obtainable, that fact should be shown, exempt from the payment of the passport and the application should be supported fee.

by a baptismal certificate or a certified

copy of the record of baptism under the seal of the church in which the applicant was baptized, giving the date and place of birth, the date of baptism, and the date on which the record of baptism was made. A baptismal certificate to be acceptable must show that the baptism occurred within a short time after the date of the birth of the applicant as shown in the certificate. If birth and baptismal certificates are not obtainable, an affidavit of the parent or of the physician, nurse, or midwife who attended the birth, or the affidavit of a reputable person having sufficient knowledge to be able to testify as to the place and date of the applicant's birth may be accepted. A person who did not attend the birth but who testifies concerning the place and date of the applicant's birth should state briefly how and through what source the knowledge was acquired. $ 51.52 Evidence of birth in United

States of father of applicant born

abroad. A person born abroad whose father was born in the United States and at the time of the applicant's birth had not ceased to be a citizen of the United States must submit with his application evidence of the father's birth in this country as required in the preceding section.

with his application evidence of the mother's birth in this country as required by $ 51.51. § 51.55 Person born abroad after noon,

eastern standard time, May 24, 1934,

of parents born in United States. A person born abroad after noon, eastern standard time, May 24, 1934, of parents both of whom were born in the United States, must submit with his application evidence of the birth in this country of both of his parents as required by § 51.52. If either parent has previously been issued a passport, reference to the application upon which such document was issued will be sufficient as evidence of the citizenship of that parent, provided there was submitted wi su application evidence of his American citizenship. $ 51.56 Person born abroad whose fa.

ther, born abroad acquired American

citizenship at birth. A person born abroad who claims American citizenship through the birth abroad of a father who acquired American citizenship at birth must submit evidence of the citizenship of his paternal grandfather and evidence that his father resided in the United States prior to the applicant's birth. If the father has previously been issued a passport, reference to the application upon which such document was issued will be sufficient as evidence of the citizenship of the father, provided there was submitted with such application evidence of his father's American citizenship and it satisfactorily appears from such application that the father had resided in the United States prior to the applicant's birth abroad. § 51.57 Person born abroad after noon,

eastern standard time, May 24, 1934, whose mother, born abroad, acquired

American citizenship at birth. A person born abroad after noon, eastern standard time, May 24, 1934, who claims American citizenship through the birth abroad of a mother who acquired American citizenship at birth must submit evidence of the citizenship of his maternal grandfather and evidence that his mother resided in the United States prior to the applicant's birth. If the mother has previously been issued a passport reference to the application upon which such document was issued will be sufi

$ 51.53 Reference to application for

passport previously issued. If the applicant comes within the provisions of $ 51.51 or $ 51.52 and has previously been issued a passport, reference to the application upon which such passport was issued will be sufficient, provided there was submitted with such application satisfactory evidence of American citizenship. If the applicant has not previously been issued a passport but his father has been issued such a document, reference to the application upon which a passport was issued to his father will be sufficient, provided there was submitted with such application satisfactory evidence of tne father's American citizenship. $ 51.54 Person born abroad after noon,

eastern standard time, May 24, 1934,

of mother born in United States. A person born abroad after noon, eastern standard time, May 24, 1934, of a mother who was born in the United States and an alien father, must submit

cient as evidence of the citizenship of the plication evidence of his naturalization mother, provided there was submitted or the naturalization of the parent with such application evidence of her through whom he claims citizenship. father's American citizenship and it

§ 51.62 Adopted alien child. satisfactorily appears from such application that the mother had resided in As the adoption of an alien child by an the United States prior to the applicant's

American citizen does not confer Ameribirth abroad.

can citizenship upon such child, it is nec

essary when an adopted minor child is to § 51.58 Person born abroad claiming

be included in the passport of a foster citizenship, at birth through parent

parent or parents that the application be naturalized as citizen.

accompanied by documentary evidence of A person born abroad who claims citi- the adoption of the child and evidence zenship at birth through a parent who of the child's American citizenship. was naturalized as a citizen of the United When evidence of the citizenship of an States must submit with his application adopted child of the nature mentioned in the parent's certificate of naturalization, this section cannot be obtained but the unless the applicant or his father has custody of the adopted child was obpreviously been issued a passport upon an tained during early infancy from a application with which was submitted reputable charitable or other organizasatisfactory evidence of the father's tion, an affidavit may be executed by an naturalization.

official of such organization, setting forth, § 51.59 Person naturalized in his own

if possible, the date and place of birth right.

in the United States of its former ward,

the fact that the child has been legally A person naturalized in his own right

adopted, the date and manner of adopmust submit with his application his cer- tion, and the name and place of residence tificate of naturalization.

of the adoptive parent or parents. Such § 51.60 Child of naturalized citizen.

affidavit should also set forth the basis

for the knowledge and belief of the afThe child of a naturalized citizen

fiant concerning the date and place of claiming citizenship through the natural- birth of the child and the date when the ization of the father or mother must sub

child was placed in the custody of the mit the certificate of naturalization of organization. If the child has not been the parent through whom he claims formally adopted, that fact should be set American citizenship, and if the parent forth in the affidavit, together with a was naturalized after

noon, eastern

statement indicating that the child has standard time, May 24, 1934, he must had a permanent and established place show that he has resided in the United

for a definite period of time with the States as a minor for a period of 5 years. family in whose custody the child has If both parents have been naturalized, been placed by the organization. The appropriate evidence thereof should be

Secretary of State may require the subsubmitted. If the mother resumed mission of such further information or American citizenship under section 3 of documents as he may deem necessary the act of March 2, 1907 (34 Stat. 1228 as to establish the legal or actual custody amended), or was repatriated under the of the child and its nationality. act of June 25, 1936 (49 Stat. 1917; 8 U.S. C. 9a), appropriate evidence of such

§ 51.63 Application including wife of resumption or repatriation must be sub

applicant. mitted with the application.

When an application includes the wife (E. O. 7856, 3 F. R. 799, Mar. 31, 1938, as of the applicant, evidence of the husamended at 8 F. R. 7307, June 2, 1943) band's citizenship only shall be required

if the wife was born in the United States, $ 51.61 Reference to application for

or if alien born was eligible to naturaiipassport previously issued.

zation under section 1994 of the Revised If the applicant comes within the pro- Statutes of the United States (repealed visions of $ 51.59 or $ 51.60 and has pre- by section 6 of the act of September 22, viously been issued a passport, reference 1922, 42 Stat. 1022; 8 U.S.C. 10): Proto the application upon which such pass- vided, That in both cases the marriage port was issued will be sufficient, pro- occurred prior to September 22, 1922, vided there was submitted with such ap- and the applicant was an American

citizen at the time of marriage or became 1022.) The manner in which American à citizen prior to the date mentioned. citizenship was resumed prior to SepWhen the marriage occurred on or after tember 22, 1922, must be set forth in the September 22, 1922, evidence of the application and supported by appropriAmerican citizenship of both the husband ate evidence. If necessary, a suppleand wife must accompany the appli- mentary statement under oath should cation.

be attached to the application. $ 51.64 Application including husband

(d) One who married an alien prior of applicant.

to March 2, 1907, but who did not, sub

sequent to the marriage, reside perWhen an application includes the hus- manently abroad. band of the applicant, evidence of the (e) One who married an alien prior husband's citizenship and not evidence of to March 2, 1907, who, as a result of such the wife's citizenship should be sub- marriage, acquired the nationality of the mitted if the marriage occurred prior to country of which her husband was a September 22, 1922. If the marriage oc- national, and who, subsequent to the curred on or after September 22, 1922, marriage and prior to September 22, evidence of the citizenship of the appli- 1922, resided permanently abroad. In cant and her husband must accompany such case a woman must submit evithe application.

dence that she resumed or reacquired $ 51.65 Further information concerning

American citizenship. American citizenship.

$ 51.67 Evidence of husband's citizenThe Secretary of State may require

ship. such additional evidence of citizenship An American-born woman who was as in his judgment may be necessary to married to an American citizen prior establish the citizenship of an applicant to September 22, 1922, must submit for a passport.

evidence of her husband's citizenship. EVIDENCE OF CITIZENSHIP TO ACCOMPANY A

§ 51.68 American citizenship lost by WOMAN'S APPLICATION FOR A PAS ORT

marriage to alien. $ 51.66 American-born women.

An American woman who lost Ameri

can citizenship by marriage to an alien The following classes of American-born and whose husband became naturalized women must submit evidence of their prior to September 22, 1922, must subown citizenship:

mit the certificate of naturalization of (a) One who has never been married. her husband.

(b) One who married on or after September 22, 1922.

§ 51.69

Alien-born women. (c) One who was married to an alien The following classes of alien-born between March 2, 1907, and September women must submit evidence of their 22, 1922, and whose marital status was own citizenship: terminated prior to September 22, 1922. (a) One who has never been marIf the marriage was terminated by ried, and who has been naturalized in divorce, the original decree of divorce her own right or through the naturalizaor a certified copy of the court record tion of either or both parents, or through thereof must be submitted. If the mar- the resumption of American citizenship riage was terminated by death, a state- by the mother or by the latter's repatriment to that effect must be made in the ation. application. Prior to September 22, (b) One who, subsequent to acquiring 1922, upon the termination of such a American citizenship, married an alien marriage a woman could resume her prior to September 22, 1922, and who, American citizenship, if abroad, by regis

after the termination of the marital tering as an American citizen within 1 status, resumed American citizenship year with a Consul of the United States, under section 3 of the act of March 2, or by returning to reside in the United 1907, 34 Stat. 1228, or was naturalized States, or, if residing in the United in her own right. States at the termination of the marital (c) One who, subsequent to acquiring relationship, by continuing to reside American citizenship, married an alien therein. (Section 3, act of March 2, prior to September 22, 1922, and who 1907, 34 Stat. 1228, repealed by section subsequent to that date was naturalized 7, Act of September 22, 1922, 42 Stat. as an American citizen.

(d) One who was married after Sep- has acquired American nationality under tember 22, 1922, but whose claim to citi

any law of the United States or any zenship is based upon her own natural- treaty to which the United States is a ization or the naturalization of either or party. both parents or through the resumption

$ 51.73 Citizen of Commonwealth of the of American citizenship by the mother

Philippines. or by the latter's repatriation as a citizen of the United States.

An applicant who claims to be a citi(e) One who, subsequent to acquiring

zen of the Commonwealth of the PhilipAmerican citizenship, married an alien

pines must submit such documentary ineligible to citizenship on or after Sep

evidence as may be necessary to show tember 22, 1922, and prior to March 3,

conclusively that under the laws of the 1931, and who since the latter date has

United States or of the Philippine Islands been naturalized as an American citizen.

in effect at the time of the adoption of

the Constitution of the Philippines he § 51.70 Additional evidence of Ameri

was a citizen of the Philippine Islands can citizenship.

and hence acquired citizenship in the The Secretary of State may require Commonwealth, or that he subsequently, such additional evidence of citizenship under the Constitution or under the laws as in his judgment may be necessary to subsequently enacted by the legislature establish the citizenship of an applicant of the Commonwealth of the Philippines, for a passport.

acquired citizenship in that Common

wealth. RESIDENT OF OUTLYING POSSESSION OF

AFFIDAVITS THE UNITED STATES NOT BORN OR NAT

$ 51.74 Affidavits. URALIZED IN THE UNITED STATES BUT WHO OWES PERMANENT ALLEGIANCE, Any affidavit which may be required WHETHER A CITIZEN OR NOT, TO THE under the rules in this part or shall be UNITED STATES

submitted in support of an application

for a passport or the renewal, extension, § 51.71 Resident of outlying possession of the United States to give facts nec

or amendment of a passport shall be conessary to determine nationality status.

sidered as, and become, a part of the

application. A resident of an outlying possession of the United States who was not born or

ADDITIONAL REGULATIONS naturalized in the United States but who $ 51.75 Refusal to issue passport. owes permanent allegiance, whether a

The Secretary of State is authorized in citizen or not, to the United States, who

his discretion to refuse to issue a passwas born in an outlying possession at a

port, to restrict a passport for use only in place where official records of birth were

certain countries, to restrict it against kept at the time of his birth, must submit

use in certain countries, to withdraw or wi his application evidence of citizen

cancel a passport already issued, and to ship (nationality) of the nature de

withdraw a passport for the purpose of scribed in § 51.51, except that when a

restricting its validity or use in certain proper birth or baptismal certificate can

countries. not be submitted or an affidavit cannot be obtained from a person who attended

$ 51.76 Violation of passport restricthe birth, the applicant must submit affi.

tions. davits of two credible persons stating Should a person to whom a passport how long they have known the applicant has been issued knowingly use or attempt and through what source the knowledge to use it in violation of the conditions or of the date and place of the applicant's restrictions contained therein or of the birth was acquired.

provisions of the rules in this part, the (E. O. 7856, 3 F. R. 799, Mar. 31, 1938, as protection of the United States may be amended at 8 F. R. 7307, June 2, 1943) withdrawn from him while he continues

to reside abroad. $ 51.72 Additional documentary evi

dence of American nationality. 8 51.77 Secretary of State authorized to The applicant must submit such addi- make passport regulations. tional documentary evidence as may be The Secretary of State is authorized to necessary to show conclusively that he make regulations on the subject of issu

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