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Part 362-REGISTRY OF ALIENS UNDER NATIONALITY
ACT OF 1940
Sec. 3621 Who may be registered.
(b) Examination of wit362.2 How application for registry 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)
* 88 362.1 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.
been broken, consideration shall be given to the applicant's intention and purpose 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 of this Part; (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 continuity 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 conditions 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.*
* For statutory citation, see note to g 362.1.
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 appropriately 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 necessary, witnesses shall be interrogated under oath or affirmation, and a transcript 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 witnesses 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. The 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. When recommendation
For statutory citation, see note to § 362.1.
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 documents, and photographs, and the findings and recommendation of the examining officer shall then be forwarded to the district director. That of ficer, 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 forwarded 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 application 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
* For statutory citation, see note to 362.1.