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Title and description
Title and description
N-3 Requisition for Naturalization Forms.
and Preliminary Form for Declars
tion of Intention. N-315 Declaration of Intention (loose-leat,
original, duplicate, and triplicate). N-400 Application for Certificate of Arrival
and Preliminary Form for Petition
original, duplicate, and triplicate).
original, duplicate, and triplicate).
(For spouses of citizens.)
original, duplicate, and triplicate).
Notice of Intention to Substitute Wit
307 (b) of the Nationality Act of 1940. Order of court Granting Petitions
ticate of Naturalization or Citizen
ship, or of (2) a Naturalization Record. Application for Certificate of Derive
(Nationality Act of 1940, secs. 327 (b) (a), 331, 332, and 336, 54 Stat. 1151, 1153, 1154, 1157)
361.4 Initial application for official forms. The necessary official blanks, records, and order books will be furnished by the Immigration and Naturalization Service to any court having jurisdiction in naturalization proceedings upon the written application of the clerk of such court. Where the initial application for such supplies is made by a State court of record, it shall be accompanied by a certificate of the Attorney General of the State, certifying that said court is a court of record, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited.* (Nationality Act of 1940, secs. 301 (a) (c) and 327 (d), 54 Stat. 1140, 1151)
361.5 Subsequent application for official forms. Included with the initial supply of official forms, records, and order books furnished to the various courts by the Immigration and Naturalization Service shall be Form N-3, entitled "Requisition for Naturalization Forms," and thereafter said form shall be used by clerks of courts in making requisition for blanks, records, and order books for use in naturalization proceedings in their respective courts.* (Nationality Act of 1940, secs. 301 (c) and 327 (d), 54 Stat. 1140, 1151)
361.6 Amendment of form for declaration of intention. The official form for declaration of intention shall be altered by the clerk of court, where the declaration of intention is executed by an applicant who is not required by law to obtain a certificate of arrival, by striking out the following language immediately after the jurat: "that Certification No. – from the Commissioner of Immigration and Naturalization, showing the lawful entry for permanent residence of the declarant above named on the date
• For statutory citation, see note to 8 361.1.
stated in this declaration of intention, has been received by me, and".* (Nationality Act of 1940, sec. 331, 54 Stat. 1153)
361.7 Amendment of form for petition for naturalization. The official form for petition for naturalization shall be altered by the clerk of court as follows:
(a) Exemption from declaration of intention. Where a declaration of intention is not required to be filed with the clerk of court at the filing of the petition for naturalization and the petition form contains blank spaces for data relative to a declaration of intention, by striking out all of allegation 13, and in the certification following the jurat, by striking out “together with Declaration of Intention No.- of such petitioner,". (Nationality Act of 1940, secs. 310, 311, 312, 315, 316, 319, and 320, 54 Stat. 1144, 1145, 1146, 1148)
(b) Exemption from declaration of intention and certificate of arrival. Where neither a declaration of intention nor a certificate of arrival is required to be filed with the clerk of court at the time of filing of the petition, by striking out the following: All of allegation 11, all of allegation 13 if the petition for naturalization contains blank spaces for data relative to a declaration of intention, and in allegation 20 the words “my declaration of intention to become a citizen of the United States (if such declaration of intention be required by the naturalization law), a certificate of arrival from the Immigration and Naturalization Service of my said lawful entry into the United States for permanent residence (if such certificate of arrival be required by the naturalization law), and"; and the entire certification following the jurat. (Nationality Act of 1940, secs. 317, 318, 323, 324, and 325, 54 Stat. 1146, 1147, 1149, 1150)
(c) Exemption from residence in the United States and State. Where residence in the United States and State for any specified period or proof thereof is not required, in allegation 18 by striking out the words "for the term of five years at least immediately preceding the date of this petition, to wit," and the words and continuously in the State in which this petition is made for the term of six months at least immediately preceding the date of this petition, to wit, since". * (Nationality Act of 1940, secs. 317, 318, 324, and 325, 54 Stat. 1146, 1147, 1149, 1150)
361.8 Discrepancies, corrections, or amendments in declarations of intention or petitions for naturalization. Any material discrepancies in a declaration of intention or proposed amendments to a petition for naturalization shall be brought formally to the attention of the court for appropriate action at the final hearing upon the petition for naturalization. Except as authorized by 88 361.6 and 361.7, no requests or suggestions to clerks of courts to make corrections in a declaration of intention or petition for naturalization shall be made by any member of the Immigration and Naturalization Service. When the court orders a petition for naturalization, or the declaration of intention filed with and made a part of such petition, amended at a final hearing, the amendatory order shall be prepared in triplicate, and the original of such order filed with the original petition, and the duplicate and triplicate copies transmitted to the appropriate district or divisional director, who shall forward the duplicate order to the Central Office.* (Nationality Act of 1940, secs. 331, 332, and 334 (d), 54 Stat. 1153-1156, 1157; 8 U.S. C. 731, 732, 734)
*For statutory citation, see note to $ 361.1.
568700° -44 -48
361.9 Amendment of petition for naturalization' or certificate of naturalization after final action by the court-(a) Petition for naturalization. Where an application is made to the naturalization court for amendment of a petition for naturalization, after the petition for naturalization has been granted, the facts shall be reported to the Central Office, with appropriate recommendation, for consideration and instruction as to the position to be taken by the Service when such application comes before the court for disposition. In the absence of instructions from the Central Office, the representative of the Service shall oppose all applications to any court for such amendments which affect either the jurisdiction of the court or the judgment of naturalization. No objection shall be made to a proposed amendment to a petition for naturalization to correct a clerical mistake or an error therein arising from an oversight or omission on the part of the clerk of court or the Service. The Service shall be governed by the rules of the court in which the petition for naturalization was filed in determining whether the petition to amend the petition for naturalization is timely.
(b) Certificate of 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.* (Rules 6 (c) and 60 (a), Federal Rules of Civil Procedure which are set forth following 28 U. S. C. A. 723c; Nationality Act of 1940, secs. 331, 332, and 336, 54 Stat. 1153-1156, 1157; 8 U. Š. C. 731, 732, 736)
* For statutory citation, see note to $ 361.1.
Part 362-REGISTRY OF ALIENS UNDER NATIONALITY
ACT OF 1940
(b) Examination of wit362.2 How application for registry
nesses. shall be made.
(c) Investigations in other 362.3 Attorneys.
districts. 362.4 Procedure upon receipt of ap
(d) Purpose of examinaplication for registry.
tions. 362.5 Entry upon which application 362.10 Record; recommendation re for registry must be based;
view and disposition. continuity of residence. 362.11 Authorization or denial; pro362.6 Verification of entry; proce
cedure thereafter. dure.
362.12 Certificate of Lawful Entry; 362.7 Facts essential to be estab
362.13 Replacement of certificate 362.8 Evidence; burden of proof.
lost, mutilated, de362,9 Examination and investiga
362.14 Virgin Islands; fees; manner (a) Examination of appli
of report; deposit. cant. § 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 of the statutory fee of $18.* (Nationality Act of 1940, secs. 328 (b) and 342 (b) (1), 54 Stat. 1152, 1161)
$8 362.1 to 362.14, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.
362.2 How application for registry shall be made. Application for registry shall be made in duplicate on Form N-105 (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 accompanied 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.*
362.3 Attorneys. Attorneys and 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.*
362.4 Procedure upon receipt of application for 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 section 362.2 of this part, 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-105, Application for Reg. istry). *
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
* For statutory citation, see note to $ 362.1.