Code of Federal Regulations: Certificate Of Citizenship Under Section 341 Of The Immigration And Nationality Act, 8 C.F.R. (1952)
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- Code of Federal Regulations: Certificate Of Citizenship Under Section 341 Of The Immigration And Nationality Act, 8 C.F.R. (1952)
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Chapter I-Immigration and Naturalization
charge having administrative jurisdiction over the place in which the court is
located, a certified copy of the order of
court relinquishing jurisdiction. A representative 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 or officer in
*charge with his monthly report on Form
N-4.
§ 339.4 Binding of naturalizationrecords. 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 in the office
of the clerk of court by a representative
of the Service. It shall be the duty of
the clerk of court to notify the district
director or officer in charge as soon as
a volume is ready for binding and locking and to request such officer to arrange to have the volume bound and
locked.
§ 339.5 Numbering and indexing and
filing o1 petitions for naturalizationand
declarations of intention. See §§ 334.3
and 334a.16 of this chapter.
SUBPART B-PROCEDURAL AND OTHER NONSUBSTANTIVE PROVISIONS [RESERVED]
Part 340-Revocation of
Naturalization
Subpart A-Substantive Provisions [Reserved]
Subpart B-Procedural and Other Nonsubstantive Provisions
Sec.
340.11 Investigation and report.
SUBPART A-SUBSTANTIVE PROVISIONS
[RESERVED]
SUBPART B-PROCEDURAL AND OTHER
NONSUBSTANTIVE PROVISIONS
§ 340.11 Investigation an d report.
Whenever it appears that any grant of
naturalization may have been procured
by concealment of a material fact or by
wilful misrepresentation, the facts shall
be reported to the district director
having Jurisdiction over the naturalized
person's last known place of residence.
If the district director is satisfied that a
prima facie showing has been made that
grounds for revocation exist, he shall
218007-53-13
§ 341.11
cause an investigation to be made and
report the facts in writing to the 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. Interprets or applies
secs. 332, 340, 66 Stat. 252, 260) [17 F. R.
11555, Dec. 19, .19521
Part 341-Certificate of. Citizenship Under Section 341 of the
Immigration and Nationality
Act
Subpart A-Substantive Provisions
Sec.
341.1
Persons eligible.
Subpart B-Procedural and Other Nonsubstantive Provisions
341.11 Application and fee.
341.12 Supporting documents and copies.
341.13 Notice and examination of applicant
and witnesses.
341.14 Burden of proof: benefit of Service
records.
341.15 Report and recommendation.
341.16 Final disposition.
341.17 Attorneys.
AUTHORrry: §§ 341.1 to 341.17 issued under
sec. 103, 66 Stat. 173. Interpret or apply secs.
332, 333, 337, 341, 344, 66 Stat. 252, 253, 258,
263, 264.
SouRCE: U 341.1 to 341.17 appear at 17
F. R. 11555, Dec. 19, 1952.
SUBPART A-SUBSTANTIVE PROVISIONS
§ 341.1 Persons eligible. A person
who claims to have derived United
States citizenship through the naturalization of a parent or parents or through
the naturalization or citizenship of a
husband, or who claims to be a. citizen
at birth outside the United States under
the provisions of any of the statutes or
acts specified in section 341 of the Immigration and Nationality Act, may apply
for a certificate of citizenship.
SUBPART B-PROCEDURAL AND OTHER
NONSUBSTANTIVE PROVISIONS
§ 341.11 Application and fee. Application for a certificate of citizenship
under this part shall be submitted to the
Service on Form N-600, in accordance
with the instructions contained therein.
Page 177
§ 341.12
Title 8-Aliens and Nationality
The application shall be signed by the
applicant, or in the case of a child under
the age of eighteen years by his parent
or guardian, but shall not be subscribed
or sworn to or affirmed until the applicant appears before an officer of the
Service for examination. The application shall be accompanied by the statutory fee of $5.
§ 341.12 Supporting documents and
copies. The originals 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 relating to the date and
place of his birth, the date and place of
the marriage of his parents, the date
and place of marriage of the applicant
if the applicant be a woman, the identity
of any person involved, or any other documents tending to establish the claimed
citizenship, shall be submitted with the
application. The applicant shall not be
required to furnish a translation of any
such documents written in a foreign
language. If the applicant desires any
such documents returned to him after
final action has been taken in his case,
the application shall be accompanied
also by photostatic, photographic, or
typewritten copies of such documents,
except that no copy may be made of any
original- or copy of a declaration of intention or certificate of naturalization or
citizenship or any part thereof. If the
applicant has made reasonable effort to
obtain official copies of public or church
records of such documentary evidence
without success on cannot obtain such
copies without undue hardship, other
evidence may be submitted.
§ 341.13 Notice and examination of
applicant and witnesses. The applicant
shall be notified when and where to appear in person before an officer of the
Service for examination upon the application and shall be requested to produce
witnesses in support of his application.
The examining officer shall orally review
the application with the applicant, or
in the case of a child under the age of
eighteen years, with its parent or parents, or guardian, before administering
the oath to the applicant. Any necessary changes in the application shall be
consecutively numbered and acknowledged in writing by the applicant or the
parent or guardian. The applicant and
the person or persons through whom applicant claims to have derived or acquired citizenship shall then be carefully.
Page 178
questioned under oath concerning the
identity and relationship of the applicant to the person or persons through
whom citizenship is claimed to ascertain
whether the applicant or such person or
persons ever lost such citizenship, the
applicant's immigration status, if pertinent, and any other matter touching
upon the applicant's eligibility for a certificate of citizenship. If the person or
persons through whom the applicant
claims citizenship are deceased or otherwise not available, the testimony customarily required of such person or persons shall be furnished by qualified witnesses. If the sworn application form,
supporting documentary evidence, records of the Service, the testimony of the
person or persons through whom citizenship is claimed, and the testimony of the
applicant, or the parent or guardian if
the applicant is a child under the age of
eighteen years, establish applicant's
claim to citizenship, no other witnesses
shall be required. Otherwise, such number of credible witnesses, preferably citizens of the United States, as may be
deemed necessary, shall be questioned
under oath by the examiner concerning
the facts of the applicant's citizenship.
The testimony heard shall not be reduced
to writing in verbatim form except in
cases in which neither primary nor secondary documentary evidence is available to establish an essential fact concerning applicant's citizenship, and except in cases in which it appears that
criminal proceedings might be instituted
as a result of false testimony.
§ 341.14 Burden of proof; benefit of
Service records. The burden of proof to
establish his citizenship and eligibility
for the certificate shall at all times be
upon the applicant. In presenting his
proof, the applicant shall be entitled to
the benefit of any pertinent records
pertinent to the issues concerning him
which are in the custody of the Service
and which are not regarded by the Commissioner as confidential. Copies thereof, or information from such records,
may be made available to the officer of
the Service passing upon the application,
without payment of fee by the applicant.
§ 341.15 Report and recommendation. Upon completion of the examination, the examining officer shall prepare
a report of his findings on Form N-635
as to each of the essential facts to be
established in the proceedings, together
Chapter I-Immigration and Naturalization
with his recommendation and any comment he deems necessary. If any issue
of law or fact is raised by the evidence,
or if denial of the application is recommended, the examining officer shall summarize the evidence, the issues involved.
and the reasons for denial, in a separate
report to accompany Form N-635. If a
recommendation to grant the application is based principally on documentary
evidence, that fact shall be stated if
not, a brief statement of the facts and
circumstances in evidence considered
sufficient to justify the action recommended shall be made. The recommendation of the examining officer and the
record shall then be forwarded to the
district director for decision.
§ 341.16 Final disposition-(a) Issuance of certificate. If the district director grants the application he shall issue
the certificate on Form N-560, in duplicate. If the applicant has assumed, or
is known by, a name other than his true
name, but has not changed his name in
accordance with the law of the jurisdiction where he assumed it the certificate
of citizenship, shall be issued in the applicant's true name followed by the
words "also known as" followed by the
assumed name, but in such case the
applicant shall be required to sign only
his true name on the certificate and on
the photographs submitted with his
application. The certificate shall be
signed by the applicant unless he is a
child unable to sign his name, in which
case the certificate shall be signed by
the parent or guardian, and the signature shall read "(Insert name of parent
or guardian) in behalf of (insert name
of child)." The applicant shall, unless
he is too young to understand the meaning thereof, take and subscribe to, before a member of the Service, the oath of
renunciation and allegiance prescribed
by Part 337 of this chapter. Thereafter
personal delivery of the original of the
certificate shall be made to the applicant, or to his parent or guardian, who
shall sign a receipt therefor.
(b) Applications denied. If the district director denies the application, the
applicant shall be notified in writing as
promptly as possible of such denial with
the reasons therefor and, at the same
time, shall be advised that he has ten
days from the date of receipt of notification in which he may appeal to the Assistant Commissioner, Inspections and
§ 341.17
Examinations Division, in accordance
with the provisions of Part 7 of this
chapter.
(c) Review by Assistant Commissioner, Inspections and Examinations
Division. Upon review of a record received under this section, the Assistant
Commissioner, Inspections and Examinations Division, shall enter an order
granting or denying the application,
which order shall be final. The Assistant Commissioner's decision shall be
sent to the district office of origin with
the return of the file relating to the applicant. If the application is granted
by the Assistant Commissioner, the district director shall issue the certificate
in the manner described in paragraph
(a) of this section. The district director
shall advise the applicant in writing of
the Assistant Commissioner's decision.
§ 341.17 Attorneys. Attorneys and
other persons qualified to practice before
the Service who represent applicants for
certificates of citizenship under section
341 of the Immigration and Nationality
Act, shall be permitted, upon completion
of the application and examination of
the applicant and his witnesses, to submit briefs and to review the record,
either before it is forwarded to the district director or thereafter and prior to
final decision. When final decision is
made in a case, the attorney or other
person representing the applicant shall
be notified.
Part 341 a-Certificate of Citizenship-Hawaiian Islands
Subpart A-Substantive Provisions
Sec.
341a.1
341a.2
341a.3
Persons eligible.
Certificate of Citizenship-Hawaiian
Islands; effect of.
Certificate of Citizenship-Hawaiian
Islands; improper use.
Subpart B-Procedural and Other Nonsubstanlive Provisions
341a.1l
Application; fee.
341a.12 Notice; examination.
341a.13 Report and recommendation.
341a.14 Disposition of application.
341a.21 Certificate lost, mutilated or destroyed.
AUTHORITY: §§ 341a.1 to 341a.21 issued under sec. 103, 66 Stat. 173. Interpret or apply
sec. 501, 65 Stat. 290, secs. 332, 333, 343, 66
Stat. 252 253, 263; 5 U. S. C. 140.
SouRCE: §§ 341a.1 to 341a.21 appear at 17
F. R. 11556, Dec. 19, 1952.
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