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(d) Certification of eligibility. (1) The executive department under which the decedent served shall determine whether:
(i) The decedent served honorably in an active-duty status;
(ii) The separation from such service was under honorable conditions; and,
(iii) The decedent died as a result of injury or disease incurred in, or aggravated by active duty service during a qualifying period of military hostilities.
(2) The certification required by section 329A(C)(2) of the Act to prove military service
and service-connected death shall be requested by the applicant on Form N-644, Application for Posthumous Citizenship. Form N-644 shall also be used to verify the decedent's place of induction, enlistment or reenlistment.
naval forces of the United States during World War I, World War II, the Korean Hostilities, the Vietnam Hostilities, or in other periods of military hostilities designated by the President under Executive Order; and,
(2) Died as a result of injury or disease incurred in or aggravated by service in the United States Armed Forces during a period of military hostilities listed in paragraph (a)(1) of this section. Where the person died subsequent to separation from military service, the death must have resulted from an injury or disease that was sustained, acquired, or exacerbated during activeduty service in a qualifying period of military hostilities as specified in this part.
(b) Qualifying enlistment. In conjunction with the qualifying service as described in paragraph (a)(1) of this section, the decedent must have:
(1) Enlisted, reenlisted, or been inducted in the United States, the Canal Zone, American Samoa, or Swains Island;
(2) Been lawfully admitted to the United States for permanent residence, at any time; or,
(3) Enlisted or reenlisted in the United States Army pursuant to the provisions of the Lodge Act. In such case, the decedent shall be considered to have been lawfully admitted to the United States as a permanent resident for purposes of this section, provided he or she:
(i) Entered the United States, its outlying possessions, or the Canal Zone, at some time during the period of army service, pursuant to military orders; and
(ii) Was honorably discharged following completion of at least 5 full years of active duty service, even though the active-duty service may not have occurred during a qualifying period of hostilities specified in section 329(a) of the Act.
(c) Character of military service. Where the character of military service is not certified as honorable by the executive department under which the person served, or where the person was dishonorably discharged or discharged under conditions other than honorable, such service shall not satisfy the requirement of paragraph (a)(1) of this section.
8392.3 Application for posthumous
citizenship. (a) Persons who may apply. (1) Only one person who is either the next-ofkin or another representative of the decedent shall be permitted to apply for posthumous citizenship on the decedent's behalf. A person who is a nextof-kin who wishes to apply for posthumous citizenship on behalf of the decedent, shall, if there is a surviving next-of-kin in the line of succession above him or her, be required to obtain authorization to make the application from all surviving next-of-kin in the line of succession above him or her. The authorization shall be in the form of an affidavit stating that the affiant authorizes the requester to apply for posthumous citizenship on behalf of the decedent. The affidavit must include the name and address of the affiant, and the relationship of the affiant to the decedent.
(2) When there is a surviving next-ofkin, an application for posthumous citizenship shall only be accepted from a representative provided authorization has been obtained from all surviving next-of-kin. However, this requirement shall not apply to the executor or administrator of the decedent's
estate. In the case of a service organization acting as a representative, authorization must also have been obtained from any appointed representative. A veterans service organization must submit evidence of recognition by the Department of Veterans Affairs.
Once the Service has granted posthumous citizenship to a person, no subsequent applications on his or her behalf shall be approved, nor shall any additional original certificates be issued, except in the case of an application for issuance of a replacement certificate for one lost, mutiliated, or destroyed.
(b) Filing of application. (1) An application for posthumous citizenship shall be submitted by mail on Form N-644, according to the instructions on the form, to the INS Service Center having jurisdiction over the applicant's state of residence. Persons residing outside the United States must mail their applications to any one of the four Service Centers.
(2) Form N-644 must be accompanied by the appropriate fee specified by and remitted in accordance with the provisions of $ 103.7 (a) and (b) of this chapter. The fee may not be waived or refunded. To facilitate the certification process, a legible copy of each of the following documents, if available, should be submitted with Form N-644:
(i) DD Form 214, Certificate of Release or Discharge from Active Duty;
(ii) DD Form 1300, Report of Casualty/Military Death Certificate; or,
(iii) Other military or State-issued death certificate.
(c) Application period for requesting posthumous citizenship. Form N-644 shall be filed with the appropriate INS Service Center not later than March 5, 1992, or 2 years after the date of the person's death, whichever date is later.
(d) Denial of application. When the application is denied, the applicant shall be notified of the decision and the reason(s) for denial. There is no appeal from the denial of an application under this part. 8392.4 Issuance of a certificate of citi.
zenship. (a) Approval of application. If the application (Form N-644) is approved, the director of the Service Center shall
issue a Certificate of Citizenship, Form N-645, to the applicant, in the name of the decedent.
(b) Delivery of certificate. Delivery of the Certificate of Citizenship shall be made by registered mail to the address designated by the applicant. If the applicant resides outside the United States, the certificate shall be sent by registered mail to the Service office abroad, if one is located where delivery is to be made; otherwise, it shall be forwarded to the nearest American Embassy or Consulate.
(c) Effective date of citizenship. Where the Service has approved an Application for Posthumous Citizenship (Form N-644), the decedent shall be considered a United States citizen as of the date of his or her death.
(d) Ineligibility for immigration benefits. The granting of posthumous citizenship under section 329A of the Immigration and Naturalization Act, amended, and issuance of a certificate under paragraph (a) of this section, shall not entitle the surviving spouse, parent, son, daughter, or other relative of the decedent to any benefit under any provision of the Act. Nor shall such grant make applicable the provisions of section 319(d) of the Act to the surviving spouse.
(e) Replacement certificate. An application for a replacement Certificate of Citizenship (Form N-645) shall be made on Form N-565, Application for a New Naturalization or Citizenship Paper, for a lost, mutilated, or destroyed certificate. Form N-565 shall be completed according to the instructions on the form and submitted by mail with the appropriate fee to the INS Service Center having jurisdiction over the applicant's state of residence. Persons residing outside the United States must mail their application to the Service Center that issued the original certificate.
PART 499-NATIONALITY FORMS
AUTHORITY: 8 U.S.C. 1103; 8 CFR part 2.
8 499.1 Prescribed forms.
The forms listed below are prescribed for use in compliance with the provisions of subchapter C of this chapter.
To the maximum extent feasible, the forms used should bear the edition date shown or a subsequent edition date.
Title and description
United States History 1600–1987, Level II.
ceedings under section 336 of the Act.
Petition for Naturalization
Order of Court Granting Petitions for Naturalization.
ation Sheet). Naturalization Petitions Recommended to be Denied (and)
Order of Court Denying Petitions for Naturalization. Naturalization Petitions Recommended to be Granted (on be
half of children) (and) Order of Court Granting Petitions for
legiance (Continuation Sheet).
(59 FR 25561, May 17, 1994, as amended at 61 FR 47801, Sept. 11, 1996; 62 FR 12924, Mar. 19, 1997; 64 FR 7993, Feb. 18, 1999]
PART 507-ALIEN TERRORIST
8507.1 Eligibility for Protection under
the Convention Against Torture. A removal order under Title V of the Act shall not be executed in circumstances that would violate Article 3 of the United Nations Convention
AUTHORITY: Pub. L. 105–277, 112 Stat. 2681.
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, as implemented by section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998, Pub. L. 105277. Convention-based claims by aliens subject to removal under this Title shall be determined by the Attorney General, in consultation with the Secretary of State.
(64 FR 8496, Feb. 19, 1999)
A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.
Table of CFR Titles and Chapters