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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 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.*
* For statutory citation, see note to 362.1.
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 g 364.1. The application shall be made to the Central Office through the immigration and naturalization office located nearest to the ap. plicant'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. (Nationality Act of 1940, sec. 328 (b) (c), 54 Stat. 1152)
362.14 Virgin Islands; fees; manner of report; deposit. Notwithstanding any other provisions of this Part, money 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, Act of June 22, 1936, 48 U. S. C. 1406h)
* For statutory citation, see note to $ 362.1.
Part 363-CERTIFICATE OF ARRIVAL Sec.
Sec. 363.1 Official form of certificate of 363.4 Petitioners who are exempt arrival; contents; by
from requirement of certifiwhom issued.
cate of arrival. 363.2 When necessary in order to 363.5 Establishment of applicant's make declaration of inten
claim to exemption from tion.
certificate of arrival. 363.3 Certificate of arrival to be 363.6 Applicant without record of filed with petition for nat.
lawful admission for peruralization,
manent residence. § 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 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 Form N-210, N-215, N-220, N-225, or N-230, whichever is applicable.* (Nationality Act of 1910, sec. 329, 54 Stat. 1152)
$$ 363.1 to 363.6 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.
363.2 When necessary in order to make declaration of 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.* (Nationality Act of 1940, sec. 329 (b), 54 Stat. 1152)
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 support a declaration of intention in accordance with $ 363.2, may be used in support of the petition for naturalization.* (Nationality Act of 1910, sec. 332 (c), 54 Stat. 1156)
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
*For statutory citation, see note to 8 363.1.