Imagini ale paginilor
PDF
ePub

Upon naturalization, two copies of the original petition for naturalization containing the oath of allegiance duly attested and certified by the clerk, shall be forwarded by the clerk to the district director. The district director shall file one copy with the service record and transmit the other copy to the Department of State. The petitioner shall pay to the clerk of the naturalization court at the time of filing the petition a fee of $10, unless exempted therefrom under section 344 (h) of the Act.

(Secs. 103, 327, 332, 344, 66 Stat. 173, 248, 252, 264; 8 U.S.C. 1103, 1438, 1443, 1455) [31 F.R. 14079, Nov. 3, 1966, as amended at 31 F.R. 14629, Nov. 17, 1966]

[blocks in formation]

A person of a class described in section 328 (a) of the act, whose service in the armed forces of the United States aggregating three years has been continuous, shall establish that he is in the United States pursuant to a lawful admission for permanent residence, whether or not such admission occurred before or after service in the armed forces, if the petition is filed within six months after termination of such service. Such person shall establish his good moral character, attachment to the principles of the Constitution, and favorable disposition to the good order and happiness of the United States, from the date of termination to the date of his admission to citizenship.

[24 F.R. 2584, Apr. 3, 1959]

[blocks in formation]
[blocks in formation]

A person of the class described in section 328 of the act shall submit an application to file a petition for naturalization on Form N-400. The duly authenticated copies of the records and the certified statements of the executive departments described in section 328 of the act shall be requested by the applicant on Form N-426, in triplicate, and submitted to the Service with Form N-400. A person of the class described in § 328.1 or § 328.2 may file his petition for naturalization in any naturalization court, regardless of his place of residence. The petition for naturalization shall be filed on Form N-405, in duplicate.

[23 F.R. 5819, Aug. 1, 1958, as amended at 31 F.R. 14078, Nov. 3, 1966]

PART 329-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: VETERANS OF THE UNITED STATES ARMED FORCES WHO SERVED DURING WORLD WAR I OR WORLD WAR II OR ENLISTED UNDER ACT OF JUNE 30, 1950, AS AMENDED

Sec.

329.1 World War I. 329.2 Petition.

AUTHORITY: The provisions of this Part 329 issued under secs. 103, 329, 332, 402(e), 66 Stat. 173, 250, 252, 276; 8 U.S.C. 1103, 1440 and note, 1443.

§ 329.1 World War I.

For the purpose of section 329 of the act, World War I commenced on April 6, 1917, and ended on November 11, 1918. [23 F.R. 5819, Aug. 1, 1958] § 329.2

Petition.

A person of the class described in section 329 or 402(e) of the act shall submit an application to file a petition for naturalization on Form N-400. The certification required by section 329 (b) (4) of the act to prove service shall be requested by the applicant on Form N-426, in triplicate, and submitted to the Service with Form N-400. The petition for naturalization shall be filed on Form N-405, in duplicate, in any naturalization court, regardless of the residence of the petitioner.

[23 F.R. 5819, Aug. 1, 1958, as amended at 31 F.R. 14078, Nov. 3, 1966]

[blocks in formation]

A person of the class described in section 330 (a) (1) of the act shall submit an application to file a petition for naturalization on Form N-400 and supplemental Form N-400B. The petition for naturalization shall be filed on Form N405, in duplicate, in a naturalization court having jurisdiction over the petitioner's place of residence. The duly authenticated copies of the records or certificates described in section 330 (a) (1) of the act shall be accepted as proof of good moral character, attachment to the principles of the Constitution, and favorable disposition to the good order and happiness of the United States for that portion of the service performed within the period of five years immediately preceding the date of the petition. (Secs. 103, 330, 332, 66 Stat. 173, 251, 252; 8 U.S.C. 1103, 1441, 1443) [23 F.R. 5819, Aug. 1, 1958, as amended by 31 F.R. 14078, Nov. 3, 1966]

[merged small][merged small][merged small][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][subsumed][merged small]

rogation of the applicant and at his request, his attorney, or representative who has filed an appearance in accordance with Part 292 of this chapter may be permitted to be present and observe the interrogation and make notes without otherwise participating therein. During the interrogation of the applicant and his witnesses and at the applicant's request, his attorney or representative who has filed an appearance in accordance with Part 292 of this chapter may be permitted to be present and observe the interrogation and make notes without otherwise participating therein.

(b) Conduct of investigation. The Service officer, prior to the beginning of the investigation, shall make known to the applicant and the witnesses the official capacity in which he is conducting the investigation. The applicant and such witness shall be questioned under oath separately and apart from one another and apart from the public. The applicant shall be questioned as to each assertion made by him in his application to file a petition and in any supplemental form. Whenever necessary, the written answers in the forms shall be corrected by the officer to conform to the oral statements made under oath. The Service officer, in his discretion, may have a stenographic transcript made, or prepare affidavits covering testimony of the applicant or witnesses. The questions to the applicant and the witnesses shall be repeated in different form and elaborated, if necessary, until the officer conducting the investigation is satisfied that the person being questioned fully understands them. At the conclusion of the investigation all corrections made on the application form and supplements thereto shall be consecutively numbered and recorded in the space provided therefor in the applicant's affidavit contained in the form. The affidavit shall then be subscribed and sworn to by the applicant and signed by the Service officer. The witnesses shall be questioned to develop their own credibility and competency as well as the extent of their personal knowledge of the applicant's qualifications to become a naturalized citizen. If the applicant is excepted from the requirement of reading and writing, and speaking English, the questioning, including the examination of the applicant's knowledge and understanding of the Constitution, history, and form

[graphic]

Upon naturalization, two copies of the original petition for naturalization containing the oath of allegiance duly attested and certified by the clerk, shall be forwarded by the clerk to the district director. The district director shall file one copy with the service record and transmit the other copy to the Department of State. The petitioner shall pay to the clerk of the naturalization court at the time of filing the petition a fee of $10, unless exempted therefrom under section 344(h) of the Act.

(Secs. 103, 327, 332, 344, 66 Stat. 173, 248, 252, 264; 8 U.S.C. 1103, 1438, 1443, 1455) [31 F.R. 14079, Nov. 3, 1966, as amended at 31 F.R. 14629, Nov. 17, 1966]

[blocks in formation]

A person of a class described in section 328(a) of the act, whose service in the armed forces of the United States aggregating three years has been continuous, shall establish that he is in the United States pursuant to a lawful admission for permanent residence, whether or not such admission occurred before or after service in the armed forces, if the petition is filed within six months after termination of such service. Such person shall establish his good moral character, attachment to the principles of the Constitution, and favorable disposition to the good order and happiness of the United States, from the date of termination to the date of his admission to citizenship.

[24 F.R. 2584, Apr. 3, 1959]

[blocks in formation]
[blocks in formation]

A person of the class described in section 328 of the act shall submit an application to file a petition for naturalization on Form N-400. The duly authenticated copies of the records and the certified statements of the executive departments described in section 328 of the act shall be requested by the applicant on Form N-426, in triplicate, and submitted to the Service with Form N-400. A person of the class described in § 328.1 or § 328.2 may file his petition for naturalization in any naturalization court, regardless of his place of residence. The petition for naturalization shall be filed on Form N-405, in duplicate.

[23 F.R. 5819, Aug. 1, 1958, as amended at 31 F.R. 14078, Nov. 3, 1966]

PART 329-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: VETERANS OF THE UNITED STATES ARMED FORCES WHO SERVED DURING WORLD WAR I OR WORLD WAR II OR ENLISTED UNDER ACT OF JUNE 30, 1950, AS AMENDED

Sec.

329.1 World War I. 329.2 Petition.

[blocks in formation]

A person of the class described in section 329 or 402(e) of the act shall submit an application to file a petition for naturalization on Form N-400. The certification required by section 329 (b) (4) of the act to prove service shall be requested by the applicant on Form N-426, in triplicate, and submitted to the Service with Form N-400. The petition for naturalization shall be filed on Form N-405, in duplicate, in any naturalization court, regardless of the residence of the petitioner.

[23 F.R. 5819, Aug. 1, 1958, as amended at 31 F.R. 14078, Nov. 3, 1966]

[blocks in formation]

A person of the class described in section 330 (a) (1) of the act shall submit an application to file a petition for naturalization on Form N-400 and supplemental Form N-400B. The petition for naturalization shall be filed on Form N405, in duplicate, in a naturalization court having jurisdiction over the petitioner's place of residence. The duly authenticated copies of the records or certificates described in section 330(a) (1) of the act shall be accepted as proof of good moral character, attachment to the principles of the Constitution, and favorable disposition to the good order and happiness of the United States for that portion of the service performed within the period of five years immediately preceding the date of the petition. (Secs. 103, 330, 332, 66 Stat. 173, 251, 252; 8 U.S.C. 1103, 1441, 1443) [23 F.R. 5819, Aug. 1, 1958, as amended by 31 F.R. 14078, Nov. 3, 1966]

PART 332-PRELIMINARY

Sec.

INVESTI

GATION OF APPLICANTS FOR NATURALIZATION AND WITNESSES

332.11 Investigation preliminary to filing petition for naturalization. 332.13 Use of record of preliminary investigation.

AUTHORITY: The provisions of this Part 332 issued under secs. 103, 332, 335, 66 Stat. 173, 252, 255; 8 U.S.C. 1103, 1443, 1446.

§ 332.11 Investigation preliminary to filing petition for naturalization.

(a) Scope of investigation. Whenever practicable, each applicant for naturalization and his witnesses shall appear in person before an officer of the Service authorized to administer oaths, prior to the filing of a petition for naturalization, and give testimony under oath concerning the applicant's mental and moral qualifications for citizenship, attachment to the principles of the Constitution, and disposition to the good order and happiness of the United States, the qualifications of the witnesses, and the other qualifications to become a naturalized citizen as required by law. The investigation shall be uniform throughout the United States. During the inter

rogation of the applicant and at his request, his attorney, or representative who has filed an appearance in accordance with Part 292 of this chapter may be permitted to be present and observe the interrogation and make notes without otherwise participating therein. During the interrogation of the applicant and his witnesses and at the applicant's request, his attorney or representative who has filed an appearance in accordance with Part 292 of this chapter may be permitted to be present and observe the interrogation and make notes without otherwise participating therein.

(b) Conduct of investigation. The Service officer, prior to the beginning of the investigation, shall make known to the applicant and the witnesses the official capacity in which he is conducting the investigation. The applicant and such witness shall be questioned under oath separately and apart from one another and apart from the public. The applicant shall be questioned as to each assertion made by him in his application to file a petition and in any supplemental form. Whenever necessary, the written answers in the forms shall be corrected by the officer to conform to the oral statements made under oath. The Service officer, in his discretion, may have a stenographic transcript made, or prepare affidavits covering testimony of the applicant or witnesses. The questions to the applicant and the witnesses shall be repeated in different form and elaborated, if necessary, until the officer conducting the investigation is satisfied that the person being questioned fully understands them. At the conclusion of the investigation all corrections made on the application form and supplements thereto shall be consecutively numbered and recorded in the space provided therefor in the applicant's affidavit contained in the form. The affidavit shall then be subscribed and sworn to by the applicant and signed by the Service officer. The witnesses shall be questioned to develop their own credibility and competency as well as the extent of their personal knowledge of the applicant's qualifications to become a naturalized citizen. If the applicant is excepted from the requirement of reading and writing, and speaking English, the questioning, including the examination of the applicant's knowledge and understanding of the Constitution, history, and form

[blocks in formation]

SOURCE: The provisions of this Part 332a appear at 22 F.R. 9817, Dec. 6, 1957, unless otherwise noted.

§ 332a.1 Official forms essential to exercise of jurisdiction.

Before exercising jurisdiction in naturalization proceedings, the naturalization court shall direct the clerk of such court upon written application to obtain from the Service, in accordance with section 310(c) of the Immigration and Nationality Act, proper forms, records, books, and supplies required in naturalization proceedings. Such jurisdiction may not be exercised until such official forms, records, and books have been supplied to such court. Only such forms as are supplied shall be used in naturalization proceedings. Where sessions of the court are held at different places, the judge of such court may require the clerk to obtain a separate supply of official forms, records and books for each such place.

§ 332a.2 Official forms prescribed for use of clerks of naturalization courts. The following described forms only shall be used by clerks of courts having naturalization jurisdiction, in the exercise of such jurisdiction:

Title and description

N-3____. Requisition for Forms and Binders.

[ocr errors]

Monthly Report-Naturalization Papers forwarded.

N-5----- Continuation Sheet of Monthly Report-Naturalization Papers forwarded.
N-7----- Quarterly Abstract of Collections of Naturalization Fees.

N-12 Penalty Envelope (to be addressed to any office of Service).

N-13---- Penalty Envelope (large-to be addressed to any office of Service).

N-300--- Application to File Declaration of Intention.

N-315_-_. Declaration of Intention.

N-350--. Application to Renounce Danish Citizenship.
N-351--- Renunciation of Danish Citizenship.

N-400--- Application to File Petition for Naturalization.
N-400A

Supplement to Application to File Petition for Naturalization (under section 324
(a) or 327, Immigration and Nationality Act).

N-400B-- Supplement to Application to File Petition for Naturalization (by a seaman, under section 330 of the Immigration and Nationality Act).

N-401-- Preliminary Form to take Oath of Allegiance (by a woman formerly a citizen, under section 324 (c) of the Immigration and Nationality Act, or the act of June 25, 1936, as amended).

N-402---. Application to File Petition for Naturalization in Behalf of a Child (under sections 322 or 323, Immigration and Nationality Act).

N-403-- Request to have Petition for Naturalization marked "Void”.
N-404. Request for Withdrawal of Petition for Naturalization.

N-405--- Petition for Naturalization (under general provisions of the Immigration and
Nationality Act).

N-407. Petition for Naturalization (in behalf of a child, under section 322 or 323, Immigration and Nationality Act).

N-408--- Application to take Oath of Allegiance and Form of such Oath (by a woman formerly a citizen, under section 324 (c), Immigration and Nationality Act, or the Act of June 25, 1936, as amended).

« ÎnapoiContinuă »