would constitute a contempt of court;

(12) Who, having been furnished with a copy of any portion of the record in a case, willfully fails to surrender such copy upon final disposition of the case or upon demand, or willfully and without authorization makes and retains a copy of the material furnished; or

(13) Who has been convicted of a felony, or, having been convicted of any crime is sentenced to imprisonment for a term of more than one year.

(b) Procedure. If an investigation establishes to the satisfaction of the regional commissioner that suspension or disbarment proceedings should be instituted, he shall cause a copy of the written charges to be served upon the attorney or representative, either personally or by registered mail, with notice to show cause within a specified time, not less than 30 days, why he should not be suspended or disbarred. The notice shall also advise that after answer has been made and the matter is at issue, a hearing before a representative of the regional commissioner may be requested. When a hearing is requested, the regional commissioner will specify the time and place therefor and specially designate the officer who shall preside and the officer who shall present the evidence. If an answer is not received within 3 days after expiration of the period prescribed to show cause, defense to the charges is waived. When a hearing is not requested in the answer, the regional commissioner shall forward the complete record to the Board with his recommendation. The attorney or representative, either with or without counsel, and the regional commissioner, by the service officer within the purview of § 3.1(e) of this chapter, shall have the privilege of appearing before the Board for oral argument at a time specified by the Board. The Board shall consider the record and render its decision. The order of the Board shall constitute the final disposition of the proceeding: Provided, however, That if the order is to suspend or disbar, or if any one of the circumstances described in § 3.1(h) of this chapter is present, the Board shall refer the record to the Attorney General for review of its decision and in such case the order of the Attorney General shall be the final determination of the proceeding. When the final order is for suspension or disbarment, the attorney or representative shall not thereafter be

permitted to represent until authorized by the Board.

[23 F.R. 2672, Apr. 23, 1958, as amended at 23 F.R. 9124, Nov. 26, 1958]

§ 292.4 Appearances.

(a) Form G-28. An appearance shall be filed on Form C-28 by the attorney or representative appearing in each case. Thereafter, substitution may be permitted upon the written withdrawal of the attorney or representative of record or upon notification of the new attorney or representative. When an appearance is made by a person acting in a representative capacity, his personal appearance or signature shall constitute a representation that under the provisions of this chapter he is authorized and qualified to represent. Further proof of authority to act in a representative capacity may be required.

(b) Availability of records. During the time a case is pending, and except as otherwise provided in § 103.2(b) of this chapter, a party to a proceeding or his attorney or representative shall be permitted to examine the record of proceeding in a Service office. He may, in conformity with § 103.10 of this chapter, obtain copies of Service records or information therefrom and copies of documents or transcripts of evidence furnished by him. Upon request, he may, in addition, be loaned a copy of the testimony and exhibits contained in the record of proceeding upon giving his receipt for such copies and pledging that it will be surrendered upon final disposition of the case or upon demand. If extra copies of exhibits do not exist, they shall not be furnished free on loan; however, they shall be made available for copying or purchase of copies as provided in § 103.10 of this chapter.

[23 F.R. 2673, Apr. 23, 1958, as amended at 32 F.R. 9633, July 4, 1967]

§ 292.5 Service upon and action by attorney or representative of record. (a) Representative capacity. Whenever a person is required by any of the provisions of this chapter to give or be given notice; to serve or be served with any paper other than a warrant of arrest or a subpoena; to make a motion; to file or submit an application or other document; or to perform or waive the performance of any act, such notice, service, motion, filing, submission, performance, or waiver shall be given by or to, served by or upon, made by, or requested of, the attorney or representative of record,

or the person himself if unrepresented. Except where otherwise specifically provided in this chapter, whenever a notice, decision, or other paper is required to be given or served, it shall be done by personal service or by first class, certified, or registered mail upon the attorney or representative of record or upon the person himself if unrepresented.

(b) Right to representation. Whenever an examination is provided for in this chapter, the person involved shall have the right to be represented by an attorney or representative who shall be permitted to examine or cross-examine such person and witnesses, to introduce evidence, to make objections which shall be stated succinctly and entered on the record, and to submit briefs.

[23 F.R. 2673, Apr. 23, 1958, as amended at 32 F.R. 11517, Aug. 10, 1967]

§ 292.6 Interpretation.

Interpretations of this part will be made by the Board of Immigration Appeals, subject to the provisions of Part 3 of this chapter.

[32 F.R. 9633, July 4, 1967]

I-122--- Notice to Applicant for Admission
Detained for Hearing Before
Special Inquiry Officer.
I-126---- Annual Report of Status by Treaty
Trader of Investor.

I-129B. Petition to Classify Nonimmigrant
as Temporary Worker or Trainee.
I-130- Petition to Classify Status of
Alien Relative for Issuance of
Immigrant Visa.

I-131---- Application for Permit to Reenter the United States. I-134---- Affidavit of Support.

I-138.

Subpoena.

I-140--- Petition to Classify Preference Status of Alien on Basis of Profession or Occupation.

I-143---- Application for Extension of Permit To Reenter the United States.

I-147- Notice of Temporary Exclusion from United States.

I-151---- Alien Registration Receipt Card. I-174---- Application for crewman's landing permit.

I-175---- Application for Nonresident Alien Canadian Border Crossing Card.

I-425---- Agreement for Preinspection at Places Outside United States. I-426___. Immediate and Continuous Transit Agreement Between a Transportation Line and the United States of America (special direct transit procedure).

I-485---- Application for status as permament resident.

I-485A--- Application by Cuban Refugee for Permanent residence.

I-506---- Application for Change of Nonimmigrant Status.

I-508---- Waiver of Rights, Privileges, Exemptions, and Immunities. I-509--- Notice to Alien of Proposed Change from Lawfully Admitted for Permanent Residence to Nonimmigrant.

I-510---I-512---

Guarantee of Payment.

Authorization for Parole or Conditional Entry of an Alien into the United States.

I-538---- Application by Nonimmigrant F-1 Student for Permission to Accept Employment.

I-539---- Application to Extend Time of Temporary Stay.

I-550---- Application for Verification of Last Entry of an Alien.

N-585---. Application for Information from or Copies of Immigration and Naturalization Records.

I-590---- Registration for Classification as Conditional Entrant.

I-590A--- Application for Classification as a Refugee under the Proviso to Section 203 (a) (7), Immigration and Nationality Act.

I-591---- Assurance by a U.S. Sponsor in Behalf of an Applicant for Conditional Entry.

I-592--- Declaration of Conditional Entrant at Time of Arrival.

Form No. I-600--

Title and description Petition to Classify Orphan as an Immediate Relative.

I-601---- Application for Waiver of Grounds of Excludability under section 212(f), (g), or (h) of the Immigration and Nationality Act. I-612---- Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, as amended.

ICAO International Civil Aviation Organization's General Declaration.

PHS-124 (FQ) Medical Certificate. NOTE: For changes to this section, see "List of Sections Affected."

those forms shall be set aside by immigration officers for free distribution and official use.

[27 F.R. 5653, June 14, 1962, as amended at 32 F.R. 11518, Aug. 10, 1967]

§ 299.3

Reproduction of forms by private parties.

The following forms required for compliance with the provisions of Subchapter B of this chapter may be printed or otherwise reproduced by an appropriate duplicating process by private parties at their own expense: I-20, I-92, I-94, I-95, and I-418. Forms printed or reproduced by private parties shall conform to the officially printed forms currently in use with respect size, wording and language, arrangement, style and size of type, and paper specifications. forms shall be printed or otherwise duplicated in black ink or dye that will not fade or "feather" within 20 years.

Such

[27 F.R. 503, Jan. 18, 1962, as amended at 31 F.R. 15322, Dec. 7, 1966; 32 F.R. 11518, Aug. 10, 1967]

PART 306-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: VIRGIN ISLANDERS

Sec.

306.1 Persons eligible.

306.2

United States citizenship; when acquired. 306.11 Preliminary application form; fiilng; examination.

306.12 Renunciation forms; disposition.

AUTHORITY: The provisions of this Part 306 issued under secs. 103, 306, 332, 66 Stat. 173, 237, 252; 8 U.S.C. 1103, 1406, 1443.

SOURCE: The provisions of this Part 306 appear at 22 F.R. 9812, Dec. 6, 1957.

§ 306.1 Persons eligible.

Any Danish citizen who resided in the Virgin Islands of the United States on January 17, 1917, and in those Islands, Puerto Rico, or the United States on February 25, 1927, and who had preserved his Danish citizenship by making the declaration prescribed by Article VI of the treaty entered into between the United States and Denmark on August 4, 1916, and proclaimed January 25, 1917, may renounce his Danish citizenship before any court of record in the United States irrespective of his place of residence, in accordance with the provisions of this part.

$ 306.2

United States citizenship; when acquired.

Immediately upon making the declaration of renunciation as described in § 306.12 the declarant shall be deemed to be a citizen of the United States. No certificate of naturalization or of citizenship shall be issued by the clerk of court to any person obtaining, or who has obtained citizenship solely under section 306(a) (1) of the Immigration and Nationality Act or under section 1 of the act of February 25, 1927. § 306.11

Preliminary application form; filing; examination.

A person of the class described in § 306.1 shall submit to the Service on Form N-350 preliminary application to renounce Danish citizenship, in accordance with the instructions contained therein. The applicant shall be notified in writing when and where to appear before a representative of the Service for examination as to his eligibility to renounce Danish citizenship and for assistance in filing the renunciation. § 306.12

tion.

Renunciation forms; disposi

The renunciation shall be made and executed by the applicant under oath, in duplicate, on Form N-351 and filed

in the office of the clerk of court. The usual procedural requirements of the Immigration and Nationality Act shall not apply to proceedings under this part. The fee shall be fixed by the court or the clerk thereof in accordance with the law and rules of the court, and no accounting therefor shall be required to be made to the Service. The clerk shall retain the original of Form N-351 as the court record and forward the duplicate to the district director exercising administrative naturalization jurisdiction over the area in which the court is located..

§ 312.1

Literacy requirements.

The ability of a petitioner to speak English shall be determined from answers to questions normally asked in the course of the preliminary investigation and preliminary examination. A petitioner's ability to read and write English shall be tested by excerpts from one or more parts of the Federal Textbooks on Citizenship written at the elementary literacy level. These textbooks may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, and are available at certain public educational institutions. The matter written by a petitioner shall be retained in his file. § 312.2 Knowledge of history and Government of the United States.

The test of a petitioner's knowledge of the history and form of government of the United States shall be given in the English language unless he is exempt from speaking English. The scope of the testing shall be limited primarily to subject matters covered in the Federal Textbooks on Citizenship. In choosing the subject matters and in phrasing questions, due consideration shall be given to the extent of the petitioner's education, background, age, length of residence in the United States, opportunities avail

able and efforts made to acquire the requisite knowledge, and any other elements or factors relevant to an appraisal of the adequacy of his knowledge and understanding.

§ 312.3 Petitions pending for 1 year.

A petitioner for naturalization shall be given three opportunities to meet the educational and literacy requirements: The first when the petition is filed; the second approximately 6 months later; and the third approximately 6 months thereafter, at or before the final hearing. However, a designated examiner may schedule a reexamination at an earlier time when he believes the intelligence and educational background of the petitioner so warrants; or, in anticipation of an imminent final hearing in a court having only one or two hearings a year, if he believes the petitioner may be able to qualify. In the discretion of a supervisory officer, opportunities beyond the period of 1 year may be afforded if the petitioner was unable to appear for reexamination because of illness or other sufficient cause or when continuing bona fide efforts indicate that the petitioner may qualify within a reasonable period of time.