Code of Federal Regulations: Registry Of Aliens Under Nationality Act Of 1940, 8 C.F.R. (1941)
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- - Description: Code of Federal Regulations, Title 8: Aliens And Nationality, Chapter I: Immigration And Naturalization Service, Department Of Justice, Part 362: Registry Of Aliens Under Nationality Act Of 1940, Revised 1941
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§ 362.1
Title 8--Aliens and Nationality
(b) Certificateof naturalization. Objection shall be made to the alteration
of a certificate of naturalization which
would cause it to vary from the record
on which the naturalization was
granted. (Secs. 331, 332, 336, 54 Stat.
1153-1156, 1157; 8 U.S.C. 731, 732, 736,
and Rules 6 (c), 60 (a), Federal Rules
of Civil Procedure; 28 U.S.C. 723c) [As
added by G.O. C-28, Supp. 6, Dec. 20,
1941; 6 F.R. 6748]
PART 362-REGISTRY OF ALIENS UNDER NATIONALITY ACT OF 1940
See.
362.1
362.2
Who may be registered.
How application for registry shall be
made.
Attorneys.
362.3
Procedure upon receipt of application
362.4
for registry.
362.5 Entry upon which application for
registry must be based, continuity
of residence.
Verification of entry; procedure.
362.6
Facts essential to be established.
362.7
Evidence; burden of proof.
362.8
Examination and investigation.
362.9
362.10 Record; recommendation, review, and
disposition.
362.11 Authorization or denial; procedure
thereafter.
362.12 Certificate of lawful entry; delivery.
362.13 Replacement of certificate lost, mutilated, or destroyed.
362.14 Virgin Islands; fees; manner of report; deposit.
AuyHsoRr: §§ 362.1 to 362.14, inclusive,
issued under sec. 37 (a), 54 Stat. 675, see.
327, 54 Stat. 1150; 8 U.S.C. 458, 727, and
8 CPR, 1940 Supp., 90.1. Statutes interpreted
or applied and statutes giving special authority are listed in parentheses at the end
of specific sections.
SOURCE: §§ 362.1 to 362.14, inclusive, contained in G.O. C-28, Attorney General, Jan.
9, 1941, effective Jan. 13, 1941; 6 F.R. 240, except for amendment noted in brackets following the section affected.
§ 362.1 Who may be registered. Any
alien not ineligible to citizenship in whose
case there is no record showing lawful
admission to the United States for permanent residence, who makes a satisfactory showing to the Commissioner of Immigration and Naturalization in accordance with this part that he (a) entered
the United States prior to July 1, 1924;
(b) has resided in the United States continuously since such entry; (c) Is a person of good moral character, and (d) is
not subject to deportation, may have a
record of his entry made upon payment
Page 1392
of the statutory fee of $18. (Secs. 328
(b), 342 (b) (1), 54 Stat. 1152, 1161; 8
U.S.C. 728, 742)
§ 362.2 How application for registry
shall be made. Application for registry
shall be made in duplicate on Form N105 (Application for Registry of an
Alien), and shall be submitted either in
person or by mail to the immigration
and naturalization office located nearest
to the applicant's place of residence. The
application shall be signed by the applicant on page 3 of the form when submitted, but shall not be subscribed and
sworn to or affirmed on page 4 until the
applicant appears before an officer of the
Immigration and Naturalization Service
for examination upon the merits of his
application. The application shall be accompanled by a United States postal
money order in the sum of $18, payable to the "Commissioner of Immigration and Naturalization, Washington, D. C."' Cash shall not be accepted. The application shall also be
accompanied by photostatic or typewritten copies of such documentary evidence,
or pertinent excerpts therefrom if the
documents are lengthy or bulky, as the
applicant may have or be able to obtain
showing his continuous residence in the
United States since the date specified in
§ 362.1, and his good moral character.
The applicant shall also submit three
photographs of himself as prescribed in
Part 364 of this chapter. [As amended
by G.O. C-28, Supp. 4, Nov. 12, 1941; 6
P.R. 5800]
NOTE: § 362.2 was amended by inserting
the words "United States postal" preceding
the words "money order", by G.O. C-28,
Supp. 4, Nov. 12, 1941; 6 FR. 5800.
and
§ 362.3 Attorneys. Attorneys
other persons qualified to practice before the Immigration and Naturalization
Service, who represent applicants for
registry, shall be permitted upon completion of the application and examination of the applicant and his witnesses
to review the record, either before it is
forwarded to the Central Office or thereafter and prior to final decision. They
may submit briefs and, upon sufficient
notice, shall be given opportunity to present oral argument before the Central
Office. When final decision is made in
a case, the attorney representing the applicant shall be entitled to notification.
Chapter I-Immigration and Naturalization Service
§ 362.4 Procedure upon receipt of applicationfor registry. When an application for registry is received, accompanied
by the money order, photographs, and
copies of the documentary evidence or
excerpts therefrom relied upon by the
applicant to establish his case, the immigration and naturalization office shall
proceed with its consideration. If it is
not properly prepared, it shall be returned to the applicant for correction,
and shall not be accepted until properly
prepared. When an application is submitted, but the nature of the documentary evidence, as appears from the copies
submitted, Is such that it is not deemed
to be reasonably adequate to support
the application, the field office may defer
acceptance thereof. In the latter event
the application, money order, photographs, and copies of documentary evidence shall be returned to the applicant
with a request for submission of more
substantial evidence. If the application
is thereafter submitted in the manner
prescribed by § 362.2, accompanied by
satisfactory evidence, or is so submitted
with a statement that such evidence
cannot be obtained, the field office of
the Service shall accept it for further
consideration. When the application
has been so received, the field office shall
acknowledge receipt of the money order.
At that time, or later if necessary, the
applicant shall be informed when and
where he will be examined upon the merits of his application. The money order
submitted shall be transmitted to the
officer in charge of the district, who shall
forward it to the Central Office, together with Form N-115 (Record of Receipt of Form N-1O5, Application for
Registry).
§ 362.5 Entry upon which application
for registry must be based; continuity of
residence. The entry upon which an application for registry must be based shall
be the entry by which the applicant first
entered the United States, provided he
has since maintained a continuous residence therein. If an absence has occurred since such entry the applicant
must show that it did not break the continuity of his residence in the United
States. In determining whether continuous residence in the United States has
been broken, consideration shall be given
tc the applicant's intention and purpose
§ 362.89
in absenting himself, and to his activities,
while absent. In case continuity of residence has been broken by any absence,
the application must be considered as
based upon the applicant's last entry
since which he has maintained a continuous residence in the United States.
§ 362.6 Verification of entry; procedure. When an application has been received in acceptable form and the applicant claims to have been inspected at a
port of entry, the result of any previous
definite effort to verify the same claim,
whether reported on Form N-200 (Final
Search for Record of Arrival) or made in
any known immigration proceeding, or
in connection with any application for
naturalization, may be accepted as final.
When no record of a previous effort to
verify the claimed entry exists, a definite
effort to make such verification shall be
made and the result may be accepted
as final. Where the applicant's lawful
admission for permanent residence is
verified, the case shall be developed only
so far as is necessary to identify him as
the person to whom such record pertains, and to ascertain whether continuity of residence has been maintained
since such entry. These requirements
being satisfied, the record shall be forwarded to the Central Office without further proceedings, accompanied by appropriate findings and recommendation.
§ 362.7 Facts essential to be established. It must be established to the satisfaction of the Commissioner of Immigration and Naturalization (a) that the
applicant is an alien not ineligible to
citizenship; (b) that there is no record
of the entry upon which his application
must be based, as determined by § 362.5;
(c) that such entry occurred prior to
July 1, 1924; (d) that he has resided
continuously in the United States since
such entry or at least since a date
prior to July 1, 1924; (e) that he is a
person of good moral character, as determined from evidence of his conduct for
a reasonable period next preceding the
date of his examination, which ordinarily
should not be more than five years, and
(f) that he is not subject to deportation.
§ 362.8
Evidence; burden of proof.
The record shall include the affidavits of
such number of credible witnesses, preferably citizens of the United States, concerning the moral character and conPage 1303
§ 362.9
Title 8-Aliens and Nationality
tinuity of residence of the applicant as
may be deemed necessary. Where practicable such affidavits shall be made on
Form N-120 (Affidavit of Witness in
Registry proceedings.) Documentary evidence such as bank books, leases, deeds.
licenses, receipts, letters, and birth, marriage, church, school, employment and
police records, or similar evidence shall,
so far as possible, be used in establishing
the essential facts to which such documentary evidence is relevant. Where by
reason of coriditions known or shown to
exist it is reasonable to believe that such.
evidence is not obtainable, other relevant
evidence shall be considered. The burden of proof shall be upon the applicant.
In presenting such proof he shall be entitled to the benefit of any records concerning his entry which are in the
custody of the Immigration and Naturalization Service.
§ 362.9 Examination and investigation-(a) Examination of applicant. At
the examination the examining officer
shall orally review the application with
the applicant. Any necessary changes
shall be consecutively numbered by such
officer and acknowledged in the oath or
affirmation which is a part of the application. The applicant must at that time
produce the original documents, copies of
which he wishes considered in support
of his application. Such copies or excerpts therefrom as are found to be pertinent shall be verified by the examining
officer from the originals, and be appro• priately marked and numbered for identification and made part of the record.
When no longer required, the original
documents shall be returned to the applicant. The examining officer shall then
administer the oath or affirmation contained on page 4 of Form N-105, and
obtain the applicant's signature at the
appropriate place. Only in cases in
which the examining officer deems the
action necessary shall a further examination of the applicant be made by interrogation, under oath or affirmation,
but in such cases a transcript of the additional testimony taken shall be incorporated as a part of the record.
(b) Examination of witnesses. Witnesses shall be examined orally under
oath or affirmation in accordance with
the interrogatories of Form N-120.
Should additional statements be deemed
Page 1304
necessary, witnesses shall be interrogated
under oath or affirmation, and a transscript of their testimony shall be made
a part of the record. Witnesses located
within a reasonable distance of the place
of examination shall be required to appear in person to execute Form N-120,
and for oral examination. When witnesses cannot appear because of remoteness, disability, or other sufficient
cause, their affidavits may be accepted
without requiring their personal appearance. What constitutes remoteness, disability, or other sufficient cause within
the meaning of this subsection shall be
determined by the officer in charge of the
district or subdistrict in which the witnesges are located.
(c) Investigations in other districts.
Necessary investigations in other districts may, when feasible, be conducted
by correspondence. Where it is considered useful to obtain information from
records and there is reasonable ground
to believe that such action will accomplish material results, such further investigations may be made by correspondence.
(d) Purpose of examinations. T h e
purpose of all examinations shall be to
obtain evidence bearing upon the applicant's qualifications for registry and the
qualifications of his witnesses. Records
in registry proceedings shall be restricted
to the accomplishment of this purpose.
§ 362.10 Record; recommendation,review, and disposition. Upon completion
of the examination, the examining officer shall prepare a report of his findings
on Form N-125 (Findings in Application
for Registry) as to each of the six essential facts to be established as prescribed
by § 362.7, together with his recommendation and any comment he. deems necessary. If denial of the application is recommended, a statement shall be made of
the supporting grounds and reasons
therefor. W h e n recommendation is
made that the application be granted
and such action is based primarily on
other than documentary evidence, a
-brief statement of the facts and circumstances in evidence considered sufficient
to justify such action shall be made.
When recommendation to grant the application is based principally on documentary evidence, that fact shall be
stated. The record, supporting docu-
Chapter I-Immigration and Naturalization Service
ments, and photographs, and the findings
and recommendation of the examining
officer shall then be forwarded to the
district director. That officer, or an officer designated by him for that purpose,
shall thereupon review the record, both
as to procedural requirements and the
findings and recommendation, and shall
himself or through his designated substitute prepare and execute Form N-130
(Record of Investigation of Applicant for
Registry) in triplicate. If such review
leads to a different recommendation from
that of the examining officer, the reasons
therefor shall be stated briefly on Form
N-130. The entire record shall then be
transmitted to the Central Office.
§ 362.11 Authorization or denial; procedure thereafter. If the Commissioner
of Immigration and Naturalization is
satisfied from the record and accompanying documents that the applicant
is entitled to registry, an order to that
effect will be entered on Form N-130.
The original of said form shall be retained in the Central Office, and the
duplicate forwaided to the officer in
charge of the district where entry occurred. That officer shall consummate
the registry by making duplicate Form
N-130 a part of the records of the' port
through which, or port nearest to the
place where, the alien entered the United
States. If the port or place through
which applicant entered the United
States is in a district other than that in
which his application for registry originated, the officer in charge of the district
where the application was filed shall be
furnished with triplicate Form N-130
for his records. The triplicate and duplicate copies of said form shall be sent
to the head of the district wherein entry
occurred when the place where the application was filed is in the same district.
If the Commissioner of Immigration and
Naturalization is not satisfied from the
record and accompanying documents
that the applicant is entitled to registry,
the application shall be denied, and the
head of the district wherein the application was filed advised of the action. If
denied on the ground that applicant is
subject to deportation, the Central Office
shall take such further action as may be
considered advisable.
§ 362.12 Certificate of lawful entry;
delivery. In all cases where the applica-
§ 362.14
tion is granted, Form N-135 (Certificate
of Lawful Entry) shall be issued with the
photograph of the applicant affixed. The
certificate shall be mailed to the officer
in charge of the district wherein the application originated, for delivery. Before
delivery, the certificate shall be signed by
the applicant in the presence of an immigration and naturalization officer, who
shall likewise sign it. If the applicant
resides at a considerable distance from
the immigration and naturalization office, the certificate shall be forwarded to
the postmaster at the applicant's place
of residence, and the applicant shall be
instructed to call upon the postmaster for
the certificate. The postmaster, shall
be requested to sign the certificate and
to have the applicant sign the certificate
in his presence, obtain a receipt therefor
on Form N-140 (Receipt for Certificate of
Lawful Entry) and forward it to the appropriate officer.
§ 362.13 Replacement of certificate
lost, mutilated, or destroyed. If a certificate of lawful entry issued to an alien
is lost, badly mutilated, or destroyed,
application for a duplicate shall be made
in affidavit form, accompanied by three
photographs of the applicant of the size
and type prescribed in § 362.2. The application shall be made to the Central
Office through the immigration and
naturalization office located nearest to
the applicant's place of residence. The
application, which shall be executed in
duplicate, shall recite the circumstances
of the loss or destruction of the certificate. If replacement is being sought because of mutilation of the original certificate, the latter must be forwarded
with the application. The officer receiving the application shall forward the
original thereof and accompanying photographs, together with appropriate
recommendation, to the district director
for transmission to the Central Office.
Upon delivery of the duplicate certificate,
the applicant shall be instructed that if
the original certificate alleged to have
been lost or destroyed Is later found, it
must be delivered to an immigration and
naturalization officer for transmission to
the Central Office. (Sec. 328 (b) (c),
54 Stat. 1152; 8 U.S.C. 728)
§ 362.14 Virgin Islands; fees; manner
of report; deposit. Notwithstanding any
other provisions of this part, money
Page 1305
Title 8-Aliens and Nationality
§ 363.1
orders for fees paid in registry proceedings by aliens residing in the Virgin Islands of the United States shall be made
payable to the "Commissioner of Finance
of the Virgin Islands." The officer in
charge of immigration and naturalization matters in the Virgin Islands shall
deposit such fees in a special account
with the Commissioner of Finance of the
Virgin Islands and shall obtain a certificate for each deposit which shall identify
the money order by kind, remitter, date,
place of issuance, and amount. He shall
modify Form N-115 to show that the
money order has been deposited as required by this section and shall attach
to the form before transmitting it to the
Central Office the certificate of deposit
from the Commissioner of Finance of the
Virgin Islands. If the application for
registry is granted and a certificate of
lawful entry issued, the Commissioner of
Finance of the Virgin Islands shall be
informed and shall be authorized to
transfer the fee in such case from the
special account Into the treasury of the
Virgin Islands as revenue. If the application for registry is denied, the Commissioner of Finance of the Virgin Islands shall be so informed. (Sec. 35,
49 Stat. 1816; 48 U.S.C. 1406h)
PART 363-CERTIFICATE OF ARRIVAL
Sec.
363.1
Official form of certificate of arrival;
contents; by whom issued.
363.2 When necessary in order to make
declaration of Intention.
363.3 Certificate cf arrival to be filed with
petition for naturalization.
363.4 Petitioners who are exempt from requirement of certificate of arrival.
363.5 Establishment of applicant's claim to
of
certificate
from
exemption
arrival.
363.6 Applicant without record of lawful
admission for permanent residence.
AurHorrr: .M 363.1 to 363.6, inclusive,
issued under sec. 37 (a), 54 Stat. 675, sec.
327, 54 Stat. 1150, and 8 CFR, 1940 Supp., 90.1.
Statutes interpreted or applied and statutes
giving special authority are listed in parentheses at the end of specific sections.
SouRCE: §§ 363.1 to 363.6, inclusive, contained in G.O. C-28, Attorney General, Jan.
9, 1941, effective Jan. 13, 1941; 6 F.R. 242.
§ 363.1 Official form of certificate of
arrival;contents, by whom issued. The
certificate of arrival required by the Nationality Act of 1940 shall be issued only
Page 1306
by the Immigration and Naturalization
Service, and shall show the date, place,
and manner of arrival and whether lawful entry for permanent residence was
made, as shown by the record of arrival.
Such certificates of arrival shall be issued only on Forms N-210, N-215, N-220,
and N-225. (Sec. 329, 54 Stat. 1152; 8
U.S.C. 729)
§ 363.2 When necessary in order to
make declarationof intention. A person
who arrived in the United States after
June 29, 1906, cannot file a valid declaration of intention until a certificate of
arrival has been issued In accordance
with § 363.1. A person who alleges and
establishes that he entered the United
States on or prior to June 29, 1906, and
has since continued to reside therein,
may file a declaration of intention without the Issuance of a certificate of arrival. (Sec. 329 (b), 54 Stat. 1152; 8
U.S.C. 729)
§ 363.3 Certificate of arrival to be filed
with petition for naturalization. Each
petitioner for naturalization who entered
the United States after June 29, 1906.
shall, unless specifically exempted by the
Nationality Act of 1940 from the requirement of a certificate of arrival, file with
his petition for naturalization a certificate of arrival issued in accordance with
§ 363.1. Such certificate of arrival shall
be filed with the petition for naturalization at the time the petition is filed.
The certificate of arrival issued to suppot a declaration of Intention in accordance with § 363.2, may be used in support of the petition for naturalization.
(Sec. 332 (c), 54 Stat. 1156; 8 U.S.C. 732)
§ 363.4 Petitioners who are exempt
from requirement of certificate of arrival.
The following persons may file petitions
for naturalization without the Issuance
of a certificate of arrival: (a) persons
who entered the United States for permanent residence on or prior to June 29,
1906; (b) petitioners under sections 317
(a) (b) (c), 318, 322, 323, 324, and 325 of
the Nationality Act of 1940. (Secs. 317
(a) (b) (c), 318, 322-325, 332 (c), 54
Stat. 1146, 1147, 1148-1150, 1156; 8 U.S.C.
717, 718, 722-725, 732)
§ 363.5 Establishment of applicant's
claim to exemption from certificate of
arrival. If an applicant claims exemp-
Position: 465 (37 views)