behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.

(b) Alteration of form of oath; affirmation in lieu of oath. In those cases in which a petitioner or applicant for naturalization is exempt from taking the oath prescribed in paragraph (a) of this section in its entirety, the inapplicable clauses shall be deleted and the oath shall be taken in such altered form. When a petitioner or applicant for naturalization, by reason of religious training and belief (or individual interpretation thereof), or for other reasons of good conscience, cannot take the oath prescribed in paragraph (a) of this section with the words 'on oath' and 'so help me God' included, the words 'and solemnly affirm' shall be substituted for the words 'on oath,' the words 'so help me God' shall be deleted, and the oath shall be taken in such modified form.

(c) Obligations of oath. A petitioner or applicant for naturalization shall, before being naturalized, establish that it is his intention, in good faith, to assume and discharge the obligations of the oath of allegiance, and that his attitude toward the Constitution and laws of the United States renders him capable of fulfilling the obligations of such oath. [22 F.R. 9824, Dec. 6, 1957, as amended at 24 F.R. 2584, Apr. 3, 1959; 3 2F.R. 13756, Oct. 3, 1967]

§ 337.2 Persons naturalized by judicial action; effective date.

Any person who was or shall hereafter be admitted to citizenship by the written order of a naturalization court, shall be deemed to be a citizen of the United States as of the date of taking the prescribed oath of allegiance. Whenever a waiver of such oath is granted by the court in the case of a child naturalized under section 322 or 323 of the Immigration and Nationality Act, the child shall become a citizen of the United States as of the date of such waiver.

§ 337.11

Oath of renunciation and allegiance; sickness or disability of petitioner.

Whenever it appears that a petitioner for naturalization may be unable because of sickness or other disability to take the oath of allegiance in open court, the district director shall cause an investigation to be conducted to determine the circumstances, and shall report the condition of the petitioner to the naturalization court for the purpose of aiding the court to determine whether the oath may be taken at another place. The report shall show whether the sickness or other disability is of a nature which so incapacitates the person as to prevent him from appearing in open court.

Correction of certificates.

AUTHORITY: The provisions of this Part 338 issued under secs. 103, 322, 323, 332, 333, 336, 338, 339, 66 Stat. 173, 246, 252, 253, 257, 259; 8 U.S.C. 1103, 1433, 1434, 1443, 1444, 1447, 1449, 1450.

SOURCE: The provisions of this Part 338 appear at 22 F.R. 9824, Dec. 6, 1957, unless otherwise noted.

§ 338.11 Exception and issuance.

When a petitioner for naturalization has duly taken and subscribed to the oath of allegiance and a final order admitting petitioner to citizenship has been duly signed by the court, a certificate of naturalization shall be issued by the clerk of the court on Form N-550, in duplicate. The certificates and the stub of the original thereof shall be signed by the petitioner. The certificate shall show under "former nationality" the name of the country of which the petitioner was last a citizen, as shown in the petition, even though petitioner may have been stateless at the time of admission to citizenship. The clerk or his deputy shall endorse the alien registration number on the stubs of the certificates, shall sign the certificates in his own handwriting, and enter on the stubs all the essential facts set forth in the certificates. Both copies of the certificate, including the stubs shall be prepared in one operation on a typewriter with the use of carbon paper. Photographs shall be affixed to the original and duplicate certificates in the manner provided by Part 333 of this chapter. The stub of the original shall be removed and retained by the clerk of court and filed in an upright card file, or in a three by five inch card drawer. The original certificate shall be delivered to the petitioner. The duplicate copies of the certificates shall not be separated from their stubs and shall be forwarded to the appropriate office of the Immigration and Naturalization Service with all other duplicate papers in accordance with Part 339 of this chapter.

§ 338.12 Endorsement in case name is changed.

Whenever the name of a petitioner has been changed by order of court as a part of a naturalization, the clerk of court shall make, date, and sign the following endorsement on the reverse side of the original and duplicate of the certificate of naturalization: "Name changed by decree of court from as a part of the naturalization," inserting in full the original name of the petitioner. A similar notation shall be made on the stubs of the original and duplicate certificate. The certificate of naturalization shall be issued and the stub of the original thereof signed by the petitioner in the name as changed.

§ 338.13 Spoiled certificate.

Whenever a certificate of naturalization is damaged, mutilated, defaced, or otherwise spoiled before delivery by the clerk, the original and duplicate, with stubs intact, shall be marked "Spoiled" and transmitted to the appropriate immigration and naturalization office, in the manner described in § 339.2 of this chapter, with the monthly report of the clerk on Form N-4.

§ 338.14 Delivery of certificates.

No certificate of naturalization shall be delivered by the clerk of court in any case in which the representative of the Service in attendance at the final naturalization hearing notifies the clerk of court that the naturalized person has not surrendered his alien registration receipt card. Upon subsequent receipt of notice from the district director that he has waived the surrender of the card or that the card has been surrendered, the certificate shall be delivered by the clerk of court.

§ 338.15 Signing of certificate.

If a child who has been admitted to citizenship under section 322 or section 323 of the Act is unable to sign his name, the certificate of naturalization shall be signed by a petitioning parent, whether natural or adoptive, as may be appropriate, and the signature shall read "(name of naturalized child) by (name of petitioning parent signing)”. A naturalized person whose petition was signed by him in a foreign language may sign his certificate of naturalization in the same manner.

[22 F.R. 9825, Dec. 6, 1957, as amended at 25 F.R. 10495, Nov. 2, 1960]

§ 338.16 Correction of certificates.

Whenever a certificate of naturalization has been delivered which does not conform to the facts shown on the petition for naturalization, or a clerical error was made in preparing the certificate, an application on Form N-458 may be made by the naturalized person to the district director exercising jurisdiction over the place in which the court is located to authorize the correction of the certificate. If the district director finds that a correction is justified and can be made without mutilating the certificate, he shall authorize the clerk of the issuing court on Form N-459, in duplicate, to make the necessary correction and to place a dated endorsement on the reverse of the

certificate, over his signature and the seal of the court, explaining the correction. The authorization shall be filed with naturalization record, the corrected certificate returned to the naturalized person and the duplicate Form N-459 shall be endorsed to show the date and nature of the correction and endorsement made, and returned to the district director. No fee shall be charged the naturalized person for the correction. The district director shall forward such duplicate to the official Service file. When a correction would or does result in mutilation of a certificate, the district director may authorize the clerk of court, with the consent of the naturalized person, to issue without fee a new certificate from his supply, upon surrender of the incorrect certificate and submission of photographs. The surrendered certificate shall be marked "Spoiled" and transmitted to the district director with the duplicate copy of the new certificate attached to the monthly report of the clerk on Form N-4. The original of the new certificate shall be delivered to the naturalized person.

[22 F.R. 9825, Dec. 6, 1957, as amended at 24 F.R. 2584, Apr. 3, 1959]

such petitioner and witnesses have executed the petition before a designated examiner.

§ 339.2 Monthly reports.

Clerks of court shall on the first day of each month submit to the district director having administrative jurisdiction over the place in which the court is located, a report on Form N-4, in duplicate, listing all declarations of intention and petitions for naturalization filed and all certificates of naturalization issued or spoiled during the preceding month, in accordance with the instructions contained in Form N-4. When at any time during the month the aggregate number of petitions and declarations filed reaches 100 the clerk shall on request of the district director forthwith forward such reports in accordance with the provisions of this section. The report shall be accompanied by all duplicate copies of declarations of intention and applications therefor on Forms N-300; by all duplicates of petitions for naturalization not previously delivered to a representative of the Service, and all duplicates of certificates of naturalization with stubs intact. The clerk of court shall show opposite the number of each petition in which the petitioner is exempt from payment of a naturalization fee under section 344 (h) of the Immigration and Nationality Act the letter "M". Opposite the name of each such case and at the bottom of the petition, the notation "No fee" shall be inserted. Void petitions shall be listed separately on Form N-4 and on Form N-7 and so indicated on such forms. The clerk of court shall show on Form N-4 the inclusive numbers of all petitions filed, and list individually by name and number in the spaces provided therein all petitions filed during the month. In lieu of forwarding duplicate petitions to the Service with his report on Form N-4, the clerk may deliver the petitions to the examiner immediately after filing.

resentative of the Service shall thereafter examine the naturalization records in the office of the clerk of court and shall bind and lock them. The clerk of court shall return all unused forms and blank certificates of naturalization to the district director with his monthly report on Form N-4.

§ 339.4 Binding of naturalization records.

Whenever a volume of petitions for naturalization, applications to take the oath of allegiance, declarations of intention, orders of court, or other documents affecting or relating to the naturalization of persons is completed, it shall be bound and locked by the clerk of court.

§ 339.5 Numbering and indexing and filing of petitions for naturalization and declarations of intention.

See §§ 334.3 and 334a.1 of this chapter. [23 F.R. 9125, Nov. 26, 1958]

PART 340-REVOCATION OF
NATURALIZATION

§ 340.11 Reports.

Whenever it appears that any grant of naturalization may have been illegally procured or procured by concealment of a material fact or by willful misrepresentation, the facts shall be reported to the district director having jurisdiction over the naturalized person's last known place of residence in the United States. If the district director is satisfied that a prima facie showing has been made that grounds for revocation exist, he shall report the facts in writing to the regional commissioner with a recommendation as to whether revocation proceedings should be instituted. If it appears that naturalization was procured in violation of section 1425 of Title 18 of the United States Code, the facts in regard thereto may be presented by the district director to the appropriate United States Attorney for possible criminal prosecution.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [29 F.R. 2740, Feb. 27, 1964]

Sec.

PART 341-CERTIFICATES OF CITIZENSHIP

341.1 Application.

341.2 Examination upon application. 341.3 Depositions.

AUTHORITY: The provisions of this Part 341 issued under secs. 103, 309 (c), 332, 333, 337, 341, 344, 66 Stat. 173, 238, 252, 254, 258, 263, 264, as amended; 8 U.S.C. 1103, 1409 (c), 1443, 1444, 1448, 1452, 1455.

SOURCE: The provisions of this Part 341 appear at 30 F.R. 5472, Apr. 16, 1965; 30 F.R. 5621, Apr. 21, 1965, unless otherwise noted. § 341.1 Application.

An application for a certificate of citizenship by or in behalf of a person who claims to have acquired United States citizenship under section 309 (c) or to have acquired or derived United States citizenship as specified in section 341 of the Act shall be submitted on Form N-600 in accordance with the instructions thereon, accompanied by a fee of $5. The application shall be supported by documentary and other evidence essential to establish the claimed citizenship, such as birth, marriage, death, and divorce certificates.

§ 341.2

Examination upon application.

(a) Personal appearance of claimant and parent or guardian. Each claimant, when notified to do so, and his parent or guardian if one is acting in his behalf, shall appear in person before an assigned officer for examination under oath or affirmation upon the application. At the examination the claimant and the acting parent or guardian shall present testimony and evidence pertinent to the claim to citizenship and shall have the right to meet any evidence adverse thereto and to cross-examine witnesses called by the Government.

(b) Witnesses-(1) Personal appearance. Except as otherwise provided in this paragraph, the claimant or the acting parent or guardian shall produce before the assigned officer the person or persons through whom citizenship is claimed to give testimony under oath or affirmation concerning any matter in any way affecting the claim to citizenship. When citizenship is claimed through two persons, and each of such persons has had an extended period or periods of absence abroad after becoming a citizen, other than absence as an employee, or on behalf, of the U.S. Government, a member of the U.S. Armed Forces, or a spouse residing abroad with such a person, the two persons shall be

produced to give testimony. In every other case when citizenship is claimed through two persons, only one of such two persons need be produced to give testimony: Provided, That all required documentary evidence submitted in support of the claim to citizenship, together with other evidence, the application, related files, and any other available sources of information do not give rise to an issue or question involving the citizenship status of the persons through whom citizenship is claimed, or the claimant's identity and alleged relationship to such persons, and leave no doubt that citizenship was acquired or derived as claimed and was not subsequently lost. If such issue, question, or doubt exists, or arises thereafter from the testimony of the single witness, the other person through whom citizenship is claimed also shall be produced to give testimony. If one of the two persons through whom citizenship is claimed has had an extended period or periods of absence abroad after becoming a citizen, other than absence as an employee, or on behalf, of the U.S. Government, a member of the U.S. Armed Forces, or a spouse residing abroad with such a person, such absentee person shall be produced as the required single witness; otherwise, either one of such two persons may be produced as the required single witness.

(2) Substitution and waiver. If the presentation of the person or persons through whom citizenship is claimed is precluded by reason of death, mental incapacity, refusal to testify, or unknown whereabouts, another witness or witnesses shall be produced. A substitute witness also shall be produced in lieu of such person if such person is a member of the U.S. Armed Forces serving outside the United States in an area where his testimony could not be taken without imposing extreme hardship upon him, or without unduly delaying action on the application, and no issue is present which can be resolved only by his testimony. When a substitution of witnesses is authorized for any reason prescribed in this paragraph, and no substitute witness or witnesses can be produced, favorable action may nonetheless be taken on the application, but only if the district director decides that the testimony of the claimant or the acting parent or guardian, Service and State Department records, and documentary evidence clearly

and convincingly establish beyond doubt the claimant's alleged relationship to the person(s) through whom citizenship is claimed, that citizenship was acquired or derived as claimed, and that such citizenship was not subsequently lost.

(c) Proof. The burden of proof shall be upon the claimant, or his parent or guardian if one is acting in his behalf, to establish the claimed citizenship by a preponderance of the evidence.

(d) Assignment and authority of officer. A district director shall assign an officer of the Service to conduct the examination provided for in paragraphs (a) and (b) of this section. The assigned officer shall have authority to administer oaths or affirmations; to present and receive evidence; to rule upon offers of proof; to take or cause to be taken depositions or interrogatories; to regulate the course of the examination; to examine and cross-examine all witnesses appearing in the proceedings; to grant or order continuances; to consider and rule upon objections to the introduction of evidence; to make a report and recommendation to the district director as to whether the application shall be granted or denied, and to take such other action as may be appropriate to the conduct of the examination and the disposition of the application.

(e) Conduct of examination. The assigned officer shall, at the commencement of his examination of the claimant and the acting parent or guardian, advise them of their rights as set forth in paragraphs (a) and (f) of this section, and shall interrogate them under oath or affirmation with regard to each assertion made in the application and any other matter pertinent to the claim to citizenship; in addition, he shall interrogate each witness with regard to pertinent matters within the personal knowledge of the witness, such as the relationship between the claimant and the citizen source or sources; the citizenship of the latter, and any possible expatriatory acts performed by the claimant and the citizen source or sources. He may, in his discretion, have a transcript made of the testimony. At the conclusion of the examination of the claimant or the acting parent or guardian, all corrections made on the application form shall be consecutively numbered and recorded in the space provided therefor in the form. The affidavit shall then be signed and sworn to by the claimant or the acting