usual residence requirements under the naturalization laws was made under section 307 (b) or 308 of the Nationality Act of 1940 and acted upon favorably by the Attorney General, shall be regarded as having broken the continuity of residence required by section 316 (a) of the Immigration and Nationality Act, provided that satisfactory proof that the absence was for a purpose described in section 307 (b) or 308 of the Nationality Act of 1940, is presented to the court, and provided that the provisions of section 316 (a) of the Immigration and Nationality Act are otherwise complied with. [22 F.R. 9813, Dec. 6, 1957] § 316a.2 American institutions of research. organizations The following-listed have been determined to be American institutions of research recognized by the Attorney General: Albert Einstein College of Medicine of Yeshiva University (only in relationship to its research programs). American Friends of the Middle East, Inc. American Institutes of Research in the Behavioral Sciences (only in relationship to research projects abroad). American University, The, Cairo, Egypt. Arctic Institute of North America, Inc. Institute of Technology. of Illinois Asia Foundation, The (formerly Committee for a Free Asia, Inc.). Atomic Bomb Casualty Commission. Bermuda Biological Station for Research, Inc. Bernice P. Bishop Museum of Polynesian Antiquities, Ethnology and Natural History at Honolulu, Hawaii. Brown University (Department of Engineering), Providence, R.I. Buffalo Eye Bank and Research Society, Inc. Burma Office of Robert N. Nathan Associates, Inc. Center of Alcohol Studies, Laboratory of Applied Biodynamics of Yale University. Central Registry of Jewish Losses in Egypt. College of Engineering, University of Wisconsin. College of Medicine, State University of New York. Dartmouth Medical School. Fletcher School of Law and Diplomacy, Medford, Mass. Ford Foundation, 477 Madison Avenue, New York, N.Y. Free Europe Committee, Inc. (formerly National Committee for a Free Europe (including Radio Free Europe)). George Williams Hooper Foundation, San International Development Foundation, Inc. Kossuth Foundation, Inc., The, New York, N.Y. Massachusetts Institute of Technology. Natural Science Foundation, Philadelphia, Pennsylvania. Paderewski Foundation, Inc. Peabody Museum of Natural History of Yale University. People to People Health Foundation, Inc., The (only in relationship to the scientific research activities that will be carried on abroad by the medical staff of the SS "Hope"). Population Council, The, New York, N.Y. Radio Liberty Committee, Inc. (formerly American Committee for Liberation, Inc.; American Committee for Liberation of the Peoples of Russia, Inc.; American Committee for Liberation from Bolshevism, Inc.). School of International Relations of the University of Southern California. SIRIMAR (Societa Internazionale Recerche Marine) Division, Office of the Vice President for Research, Pennsylvania State University. Social Science Research Council. Stanford Center for Chinese Studies in Taipei, Taiwan. Stanford Research Institute, Menlo Park, Calif. Stanford University (the George Vanderbilt Foundation), Stanford, Calif. Syracuse University. Tulane University Medical School. University of Alabama Medical Center. University of Chicago (as a participant in the International Cooperation Administration Program No. W-74 only). University of Hawaii, Honolulu, Hawaii. University of Notre Dame, Notre Dame, Ind. Wenner-Gren Foundation for Anthropological Research, Inc. Williams College, Economic Department, Williamstown, Mass. The regional commissioner shall forward a copy of each decision regarding an American institution of research to the Assistant Commissioner, Naturalization. [32 F.R. 9634, July 4, 1967, as amended at 32 F.R. 13756, Oct. 3, 1967] § 316a.3 Public international organizations of which the United States is a member by treaty or statute. The following-listed organizations have been determined to be public international organizations of which the United States is a member by treaty or statute: The North Atlantic Treaty Organization. United Nations and all agencies and organizations which are a part thereof. The regional commissioner shall forward a copy of each decision regarding a public international organization to the Assistant Commissioner, Naturalization. [32 F.R. 9634, July 4, 1967] § 316a.4 International Oragnizations Immunities Act designations. The following public international organizations are entitled to enjoy the privileges, exemptions, and immunities provided for in the International Organizations Immunities Act, and are considered as public international organizations of which the United States is a member by treaty or statute within the meaning of section 316(b) of the Act and as public international organizations in which the United States participates by treaty or statute within the meaning of section 319 (b) of the Act: Asian Development Bank (E.O. 11334, Mar. 7, 1967). Caribbean Organization (E.O. 10983, Dec. 30. 1961). Coffee Study Group (E.O. 10943, May 19, 1961). European Space Research Organization (E.O. 11318, Dec. 5, 1966). Food and Agriculture Organization, The (E.O. 9698, Feb. 19, 1946). Great Lakes Fishery Commission (E.O. 11059, Oct. 23, 1962). Inter-American Defense Board (E.O. 10228, Mar. 26, 1951). Inter-American Development Bank (E.O. 10873, Apr. 8, 1960). Inter-American Institute of Agricultural Inter-American Tropical Tuna Commission (E.O. 11059, Oct. 23, 1962). Intergovernmental Committee for European Migration (formerly the Provisional Intergovernmental Committee for the Movement of Migrants from Europe) (E.O. 10335, Mar. 28, 1952). Intergovernmental Maritime Consultative Organization (E.O. 10795, Dec. 13, 1958). Interim Communications Satellite Committee (E.O. 11227, June 2, 1965). International Atomic Energy Agency (E.O. 10727, Aug. 31, 1957). International Bank for Reconstruction and Development (E.O. 9751, July 11, 1946). International Civil Aviation Organization (E.O. 9863, May 31, 1947). International Coffee Organization 11225, May 22, 1965). (E.O. International Cotton Advisory Committee (E.O. 9911, Dec. 19, 1947). International Cotton Institute (E.O. 11283, Finance Corporation (E.O. 10680, Oct. 2, 1956). International Hydrographic Bureau (E.O. 10769, May 29, 1958). International Joint Commission-United States and Canada (E.O. 9972, June 25, 1948). International Labor Organization, The (functions through staff known as The International Labor Office) (E.O. 9698, Feb. 19, 1946). International Monetary Fund (E.O. 9751, July 11, 1946). Union International Pacific Halibut Commission (E.O. 11059, Oct. 23, 1962). International Secretariat for Volunteer Service (E.O. 11363, July 20, 1967). International Telecommunication (E.O. 9863, May 31, 1947). International Telecommunications Satellite Consortium (E.O. 11277, Apr. 30, 1966). International Wheat Advisory Committee (E.O. 9823, Jan. 24, 1947). Lake Ontario Claims Tribunal (E.O. 11372, Sept. 18, 1967). Organization for European Economic Cooperation (E.O. 10133, June 27, 1950) (Now known as Organization for Economic Cooperation and Development; 28 F.R. 2959, Mar. 26, 1963). Organization of American States (includes Pan American Union) (E.O. 10533, June 3, 1954). Pan American Health Organization (includes Pan American Sanitary Bureau) (E.O. 10864, Feb. 18, 1960). Preparatory Commission of the International Atomic Energy Agency (E.O. 10727, Aug. 31, 1957). Preparatory Commission for the International Refugee Organization and its successor, the International Refugee Organization (E.O. 9887, Aug. 22, 1947). Southeast Asia Treaty Organization (E.O. 10866, Feb. 20, 1960). South Pacific Commission (E.O. 10086, Nov. 25, 1949). United Nations, The (E.O. 9698, Feb. 19, 1946). United Nations Educational, Scientific, and Cultural Organizations (E.O. 9863, May 31, 1947). Universal Postal Union (E.O. 10727, Aug. 31, 1957). World Health Organization (E.O. 10025, Dec. 30, 1948). World Meteorological Organization (E.O. 10676, Sept. 1, 1956). [32 F.R. 9634, July 4, 1967, as amended at 32 F.R. 11628, Aug. 11, 1967; 32 F.R. 13756, Oct. 3, 1967] § 316a.21 Application for benefits with respect to absences; appeal. (a) An application for the residence benefits of section 316(b) of the Immigration and Nationality Act to cover an absence from the United States for a continuous period of one year or more shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein. The application shall be filed either before or after the applicant's employment commences but before the applicant has been absent from the United States for a continuous period of one year. There shall be submitted with the application a fee of $10.00. (b) An application for the residence and physical presence benefits of section 317 of the Immigration and Nationality Act to cover any absences from the United States, whether before or after December 24, 1952, shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein, either before or after the absence from the United States, or the performance of the functions or the services described in that section. There shall be submitted with the application a fee of $10.00. (c) The applicant shall be notified of the approval of the application on Form N-472 and, if the application is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. [22 F.R. 9813, Dec. 6, 1957, as amended at 31 F.R. 14629, Nov. 17, 1966] Person whose United States citizen spouse is employed abroad. 319.3 Public international organizations in which the U.S. participates by treaty or statute. 319.11 Procedural requirements. AUTHORITY: The provisions of this Part 319 issued under secs. 103, 319, 332, 66 Stat. 173, 244, 252; 8 U.S.C. 1103, 1430, 1443. SOURCE: The provisions of this Part 319 appear at 22 F.R. 9813, Dec. 6, 1957. § 319.1 Person living in marital union with United States citizen spouse. A person of the class described in section 319(a) of the Immigration and Nationality Act shall establish his good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition to the good order and happiness of the United States for the period of three years immediately preceding the date of filing the petition and from that date to the time of admission to citizenship. § 319.2 Person whose United States citizen spouse is employed abroad. A person of the class described in section 319 (b) of the Immigration and Nationality Act shall establish an intention in good faith, upon naturalization, to reside abroad with the United States citizen spouse and to take up residence in the United States immediately upon the termination of the employment abroad of such spouse. It shall be established that at the time of filing of the petition for naturalization such person was in the United States pursuant to a lawful admission for permanent residence and that he is a person of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States. § 319.3 Public international organizations in which the U.S. participates by treaty or statute. Organizations designated by the President as international organizations pursuant to the International Organizations Immunities Act are considered as public international organizations in which the United States participates by treaty or statute within the meaning of section 319(b) of the Act. For a list of such organizations see § 316a.4 of this chapter. In addition, the following have been determined to be public international organizations within the purview of section 319 (b) of the Act: The North Atlantic Treaty Organization. The United Nations and all agencies and organizations which are a part thereof. The regional commissioner shall forward a copy of each decision regarding a public international organization to the Assistant Commissioner, Naturalization. [32 F.R. 9635, July 4, 1967] § 319.11 Procedural requirements. A person described in §§ 319.1 and 319.2 shall submit to the Service an application to file a petition for naturalization on Form N-400 in accordance with the instructions contained therein. The petition for naturalization of such person shall be filed on Form N-405, in duplicate. An application to file a petition for naturalization under section 322 or 323 of the Act in behalf of a child shall be submitted on Form N-402. The petition for naturalization shall be filed on Form N-407, in duplicate. A child under this part is not required to establish any particular period of residence in a state. A United States citizen adoptive parent of the class described in section 323 (c) of the Immigration and Nationality Act shall establish an intention in good faith, upon naturalization, to have the beneficiary child reside abroad with the United States citizen adoptive parent and to take up residence in the United States immediately upon the termination of the service or employment abroad of such adoptive citizen parent. (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) F.R. 7710, Aug. 4, 1962] [27 Sec. 324.11 324.12 324.13 Former citizen at birth or by naturalization. A woman, citizen of the United States at birth, who lost or is believed to have lost citizenship by marriage and whose marriage has terminated. Women restored to United States citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940. 324.14 Former citizen of the United States whose naturalization by taking the oath is authorized by a private law. 324.15 Certificate by examiner when petitioner is entitled to an immediate hearing. AUTHORITY: The provisions of this Part 324 issued under secs. 103, 324, 332, 337, 405, 66 Stat. 173, 246, 252, 258, 280; 8 U.S.C. 1103, 1435, 1443, 1448, 1101 note. § 324.11 Former citizen at birth or by naturalization. A former citizen of the United States of the class described in section 324 (a) of the Act shall submit an application to file a petition for naturalization on Form N-400 and supplemental Form N-400A. The petition for naturalization of such person shall be filed on Form N-405, in duplicate. There shall be inserted after averment 13 of Form N-405 at the time of the filing an averment of the petitioner's loss of citizenship as follows: (If petition filed under section 324(a)) I was formerly a citizen of the United States who lost citizenship by or through marriage to an alien. I have not acquired another nationality by an affirmative act other than by marriage. If not lawfully admitted for permanent residence, I have resided continuously in the United States since the date of my marriage. [31 F.R. 14078, Nov. 3, 1966, as amended at 31 F.R. 14629, Nov. 17, 1966] § 324.12 A woman, citizen of the United States at birth, who lost or is believed to have lost citizenship by marriage and whose marriage has terminated. A woman, formerly a citizen of the United States at birth, who applies in the United States to regain her citizenship under section 324 (c) of the act, shall submit a preliminary application to take the oath of allegiance on Form N-401. The eligibility of the applicant to take the oath shall be investigated by a member of the Service who shall make an appropriate recommendation to the naturalization court. The application to the court shall be made on Form N-408, in triplicate. The original shall be retained as a part of the court record and numbered consecutively in a separate series, and the duplicate forwarded to the appropriate district director with duplicates of other naturalization papers. After the applicant has taken the oath of allegiance, the clerk of court shall furnish the applicant, upon demand, the triplicate copy of Form N-408, properly certified, for which a fee not exceeding $5.00 may be charged. No charge shall be made by the clerk of court for the filing of Form N-408. If the applicant does not demand the triplicate Form N-408, it shall be transmitted to the appropriate district director with the duplicate thereof. The oath of allegiance may be taken before any diplomatic or consular officer of the United States, abroad, in accordance with such regulations as may be prescribed by the Secretary of State. [23 F.R. 5819, Aug. 1, 1958] § 324.13 Women restored to United States citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940. A woman who was restored to citizenship by the act of June 25, 1936, as amended by the act of July 2, 1940, but who failed to take the oath of allegiance prescribed by the naturalization laws prior to December 24, 1952, may take the oath of allegiance prescribed by Part 337 before any naturalization court on or after December 24, 1952. Such woman shall comply with the procedural requirements of § 324.12 except that a fee not exceeding $1.00 may be charged if the woman demands the triplicate copy of Form N-408, properly certified. [22 F.R. 9814, Dec. 6, 1957] § 324.14 Former citizen of the United States whose naturalization by taking the oath is authorized by a private law. A former ciitzen of the United States whose naturalization by taking the oath prescribed in section 337 of the Immigration and Nationality Act before any naturalization court is authorized by a private law shall subrnit to the Service a preliminary application on Form N401. The application to the court shall be made on Form N-408, in triplicate, amended as set forth in § 332a.13 of this chapter. A copy of the private law shall be attached to Form N-408. The provisions of § 324.12 relating to fees and the disposition of Form N-408 apply equally to a proceeding under this section. A former citizen of the United States of the class described in section 327 of the Act shall submit an application to file a petition for naturalization Form N-400 The and supplemental Form N-400A. petition for naturalization of such person shall be filed on Form N-405, in duplicate. There shall be inserted after averment 13 a Form N-405 at the time of the filing an averment of the petitioner's loss of citizenship, as follows: (If petition filed under section 327) While a citizen of the United States, I entered the armed forces of (country) whereby I lost my U.S. citizenship by reason of entering or serving in such armed forces or by taking an oath or obligation in connection therewith. |