(1) There is a presumption that the applicant's good moral character, attachment, and favorable disposition which existed prior to the period of legal incompetency continued through that period. The Service may, however, consider an applicant's actions during a period of legal incompetence, as evidence tending to rebut this presumption. (2) If the applicant has been declared legally incompetent, the applicant has the burden of establishing that legal competency has been restored. The applicant shall submit legal and medical evidence to determine and establish the claim of legal competency. (3) The applicant shall bear the burden of establishing that any crimes committed, regardless of whether the applicant was convicted, occurred while the applicant was declared legally incompetent. §316.13 [Reserved] §316.14 Adjudication-examination, grant, denial. (a) Examination. The examination on an application for naturalization shall be conducted in accordance with Section 335 of the Act. (b) Determination—(1) Grant or denial. Subject to supervisory review, the employee of the Service who conducts the examination under paragraph (a) of this section shall determine whether to grant or deny the application, and shall provide reasons for the determination, as required under section 335(d) of the Act. (2) Appeal. An applicant whose application for naturalization has been denied may request a hearing, which shall be carried out in accordance with section 336 of the Act. 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 Universities Field Staff, Inc. American University, The, Cairo, Egypt. American University of Beirut (Near East College Associations). Arctic Institute of North America, Inc. Armour Research Foundation of Illinois Institute of Technology. Asia Foundation, The (formerly Committee for a Free Asia, Inc.). Association of Universities for Research in Bermuda Biological Station for Research, Bernice P. Biship Museum of Polynesian Antiquities, Ethnology and Natural History at Honolulu, HI. Brookhaven National Laboratory, Associated Universities, Inc. Brown University (Department of Engineering), Providence, RI. Buffalo Eye Bank and Research Society, Inc. Burma Office of Robert N. Nathan Associates, Inc. California State University at Long Beach, Department of Geological Sciences. Carleton College (Department of Sociology and Anthropology), Northfield, MN. 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. Colorado State University (Research Foundation), Fort Collins, CO. Eco Colorado University (International nomic Studies Center), Boulder, CO. Columbia University (Parker School of Foreign and Comparative Law) and (Faculty of Pure Science), New York, NY. Cornell University (International Agricultural Development, University of the Philippines-Cornell University Graduate Edu cation Program). Dartmouth Medical School. Department of French, Department of Scandinavian Languages, and Department of Near Eastern Languages of the University of California, Berkeley, CA. Duke University. Environmental Research Laboratory of the University of Arizona. Fletcher School of Law and Diplomacy, Medford, MA. Ford Foundation, 477 Madison Avenue, New York, NY. 316.20 ree Europe, Inc. (formerly Free Europe Committee, Inc.; National Committee for a Free Europe (including Radio Free Europe)). eorgetown University. eorge Williams Hooper Foundation, San Francisco Medical Center, University of California, San Francisco, CA. orgas Memorial Institute of Tropical and Preventive Medicine, Inc., and its operating unit, the Gorgas Memorial Laboratory. raduate Faculty of Political and Social Science Division of the New School for Social Research, New York, NY. arvard Institute for International Development. arvard-Yenching Institute. umboldt State University, School of Natural Resources, Wildlife Management Department. stitute for Development Anthropology, Inc. stitute of International Education, Inc. stitute of International Studies, University of California, Berkeley, CA. ternational Center for Social Research, New York, NY. ternational Development Foundation, Inc. ternational Development Services, Inc. ternational Research Associates, Inc. ter-University Program for Chinese Language Studies (formerly Stanford Center for Chinese Studies) in Taipei, Taiwan. wa State University. an Foundation, Inc., The. ossuth Foundation, Inc., The, New York, NY. ouisiana State University. assachusetts Institute of Technology. ichigan State University, East Lansing, MI. issouri Botanical Garden (research and educational programs only) atural Science Foundation, Philadelphia, PA. ew York Zoological Society. aderewski Foundation, Inc. eabody Museum of Natural History of Yale University. eople 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"). erce College (in relationship to research by an instructor, Department of Psychology), Athens, Greece. population Council, The, New York, NY. adio Liberty Committee, Inc. (formerly American Committee for Liberation, Inc.; American Committee for Liberation of the 8 CFR Ch. I (1-1-00 Edition) 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. Solar Energy Research Institute (SERI). Stanford Electronic Laboratories, Department of Electrical Engineering, School of Engineering, Stanford University, Stanford, CA. Stanford Research Institute, Menlo Park, Stanford University (the George Vanderbilt Tulane University Graduate School. University of Alabama Medical Center. University of Chicago (as a participant in the International Cooperation Administration Program No. W-74 only). University of Colorado (Department of History), Boulder, CO. University of Connecticut, College of Liberal Arts and Science (Department of Germanic and Slavic Languages). University of Hawaii, Honolulu, HI. University of Ilinois at Urbana-Champaign, Austria-Illinois Exchange Program. University of Kansas, Office of International Programs. University of La Verne (La Verne College of Athens) University of Michigan (School of Natural Resources), Ann Arbor, MI. University of Minnesota, Department of Plant Pathology (in relationship to research project abroad). Immigration a United Nations zations which (c) Internati 1961). University of Nebraska Mission in Columbia, South America. University of North Carolina at Chapel Hill. University of Notre Dame, Notre Dame, IN. University of Puerto Rico. University of Washington (Department of Marketing, Transportation, and International Business) and (The School of Public Health and Community Medicine), Seattle, WA. Wayne State University, Detroit, MI. Wenner-Gren Foundation for Anthropological Research, Inc. Williams College, Economic Department, Williamstown, MA. (b) 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 governn ment of Mar. 28 Intergove Organi Internati 10727, A Internat Develo Internat Vest United Nations and all agencies and organizations which are a part thereof. (c) International Organizations 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: African Development Bank (E.O. 12403, Feb. 8, 1983). African Development Fund (E.O. 11977, Mar. 14, 1977). Asian Development Bank (E.O. 11334, Mar. 7, 1967). Caribbean Organization (E.O. 10983, Dec. 30, 1961). Criminal Police Organization (E.O. 12425, June 16, 1983). Customs Cooperation Council (E.O. 11596, June 5, 1971). European Space Research Organization (ESRO) (E.O. 11760, Jan. 17, 1974). 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 for Cooperation on Inter-American Tropical Tuna Commission International Bank for Reconstruction and Development (E.O. 9751, July 11, 1946). International Centre for Settlement of Investment Disputes (E.O. 11966, Jan. 19, 1977). International Civil Aviation Organization (E.O. 9863, May 31, 1947). International Coffee Organization (E.O. 11225, May 22, 1965). Union Service (E.O. 11363, July 20, 1967). International Telecommunication (E.O. 9863, May 31, 1947). International Telecommunications Satellite Organization (INTELSAT) (E.O. 11718, May 14, 1973). International Wheat Advisory Committee (E.O. 9823, Jan. 24, 1947). Multinational Force and Observers (E.O. 12359, Apr. 22, 1982). Organization for European Economic Cooperation (E.O. 10133, June 27, 1950) (Now known as Organization for Economic Cooperation and Development; 28 FR 2959, Mar. 26, 1963). Organization of African Unity (OAU) (E.O. 11767, Feb. 19, 1974). 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). Inter (E.O. Preparatory Commission of the national Atomic Energy Agency 10727, Aug. 31, 1957). Preparatory Commission for the International Refugee Organization and its successor, the International Refugee Organization (E.O. 9887, Aug. 22, 1947). South Pacific Commission (E.O. 10086, Nov. 25, 1949). United International Bureau for the Protection of Intellectual Property (BIRPI) (E.O. 11484, Sept. 29, 1969). 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 Intellectual Property Organization (E.O. 11866, June 18, 1975). World Meteorological Organization (E.O. 10676, Sept. 1, 1956). [32 FR 9634, July 4, 1967. Redesignated and amended at 56 FR 50487, Oct. 7, 1991] EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting §316.20, see the List of CFR Sections Affected in the Finding Aids section of this volume. PART 318-PENDING REMOVAL PROCEEDINGS AUTHORITY: 8 U.S.C. 1103, 1252, 1429, 1443; 8 CFR part 2. SOURCE: 62 FR 10394, Mar. 6, 1997, unless otherwise noted. §318.1 Warrant of arrest. For the purposes of section 318 of the Act, a notice to appear issued under 8 CFR part 239 (including a charging document issued to commence proceedings under sections 236 or 242 of the Act prior to April 1, 1997) shall be regarded as a warrant of arrest. PART 319-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SPOUSES OF UNITED STATES CITIZENS Sec. 319.1 Person living in marital union with United States citizen spouse. 319.2 Person whose United States citizen spouse is employed abroad. 319.3 Surviving spouses of United States citizens who died during a period of honorable service in an active duty status in the Armed Forces of the United States. 319.4 Persons continuously employed for 5 years by United States organizations engaged in disseminating information. 319.5 Public international organizations in which the U.S. participates by treaty or statute. 319.6 United States nonprofit organizations engaged abroad in disseminating information which significantly promotes U.S. interests. 319.7-319.10 [Reserved] 319.11 Filing of application. AUTHORITY: 8 U.S.C. 1103, 1430, 1443. $319.1 Persons living in marital union with United States citizen spouse. (a) Eligibility. To be eligible for naturalization under section 319(a) of the Act, the spouse of a United States citizen must establish that he or she: (1) Has been lawfully admitted for permanent residence to the United States; (2) Has resided continuously within the United States, as defined under §316.5 of this chapter, for a period of at least three years after having been lawfully admitted for permanent residence; (3) Has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period; (4) Has been physically present in the United States for periods totaling at least 18 months; (5) Has resided, as defined in §316.5 of this chapter, for at least 3 months immediately preceding the filing of the application, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act, in the State or Service district having jurisdiction over the alien's actual place of residence and in which the alien has filed the application; (6) Has resided continuously within the United States from the date of application for naturalization until the time of admission to citizenship; (7) For all relevant periods under this paragraph, has been and continues to be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and (8) Has complied with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in §316.2 (a)(3) through (a)(5) of this chapter. (b) Marital union—(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part. (2) Loss of Marital Union—(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen. (ii) Separation (A) Legal separation. Any legal separation will break the continuity of the marital union required for purposes of this part. (B) Informal separation. Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union. (C) Involuntary separation. In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part. (c) Physical presence in the United States. In the event that the alien spouse has never been in the United States, eligibility under this section is not established even though the alien spouse resided abroad in marital union with the citizen spouse during the three year period. [56 FR 50488, Oct. 7, 1991] $319.2 Person whose United States citizen spouse is employed abroad. (a) Eligibility. To be eligible for naturalization under section 319(b) of the Act, the alien spouse of a United States citizen must: (1) Establish that his or her citizen spouse satisfies the requirements under section 319(b)(1) of the Act, including that he or she is regularly stationed abroad. For purposes of this section, a citizen spouse is regularly stationed abroad if he or she proceeds abroad, for a period of not less than one year, pursuant to an employment contract or orders, and assumes the duties of employment; (2) At the time of examination on the application for naturalization, be present in the United States pursuant to a lawful admission for permanent residence; (3) At the time of naturalization, be present in the United States; (4) Declare in good faith, upon naturalization before the Service, an intention: (i) To reside abroad with the citizen spouse; and (ii) To take up residence within the United States immediately upon the termination of the citizen spouse's employment abroad; (5) Be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and (6) Comply with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in §316.2(a)(3) through (a)(6) of this chapter. (b) Alien spouse's requirement to depart abroad immediately after naturalization. An alien spouse seeking naturalization under section 319(b) of the Act must: (1) Establish that he or she will depart to join the citizen spouse within 30 to 45 days after the date of naturalization; (2) Notify the Service immediately of any delay or cancellation of the citizen spouse's assignment abroad; and (3) Notify the Service immediately if he or she is unable to reside with the citizen spouse because the citizen spouse is employed abroad in an area of hostilities where dependents may not reside. (c) Loss of marital union due to death, divorce, or expatriation of the citizen spouse. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(b) of the Act if, before or after the filing of the application, the marital union |