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or prior to June 29, 1906; and (b) petitioners under sections 317 (a) (b) (c), 318, 322, 323, 324, and 325 of the Nationality Act of 1940.* (Nationality Act of 1940, secs. 317 (a) (b) (c), 318, 322, 323, 324, 325, and 332 (c), 54 Stat. 1146, 1147, 1148-1150, 1156)
363.5 Establishment of applicant's claim to exemption from certificate of arrival. If an applicant claims exemption from procuring a certificate of arrival,
a thorough investigation shall be conducted to establish the validity of the claim. The clerk of court shall defer the execution of a declaration of intention or petition for naturalization by such an applicant until he has been advised by the proper representative of the Service that such paper may be filed.* (Nationality Act of 1940, sec. 329, 54 Stat. 1152)
363.6 Applicant without record of lawful admission for permanent residence. Where an applicant for a declaration of intention or a petition for naturalization alleges entry into the United States after June 29, 1906, and prior to July 1, 1924, and no record of his lawful entry for permanent residence can be found, he shall be advised to apply for registry in accordance with the provisions of Part 362.** (Nationality Act of 1940, sec. 328 (b), 54 Stat. 1152)
* For statutory citation, see note to § 363.1.
Part 364-PHOTOGRAPHS Sec.
Sec. 384.1 Description of required pho 384,3 Establishment or welfare tographs.
photographic studios. 364.2 Naturalization and citizen
ship papers requiring pho-
tachment. 8 364.1 Description of required photographs. Every applicant required under this subchapter to furnish photographs of himself, shall furnish three such photographs 2 by 2 inches in size, which shall be unmounted, printed on a thin paper, have a light background, clearly show a full front view of the features of the applicant (with head bare, unless the applicant is a member of a religious order wearing a headdress), with the distance from the top of the head to point of chin approximately 144 inches, and which shall have been taken within 30 days of the date they are furnished. The applicant, except in the case of a child or other person physically incapable of signing his name, shall sign each copy of the photograph with his full true name in such manner as not to obscure the features. The signature shall be by mark if the applicant is unable to write. Snapshot, group, or full-length portraits will not be accepted.* (Nationality Act of 1940, sec. 330, 54 Stat. 1152)
*88 364.1 to 364.3, 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.
364.2 Naturalization and citizenship_papers requiring photographs; manner of attachment. Each duplicate and triplicate declaration of intention and original and duplicate certificate of naturalization issued by any clerk of court shall have securely and permanently attached thereto one copy of the applicant's signed photograph. Each copy of a declaration of intention,
а certificate of naturalization, certificate of derivative citizenship, special certificate, and certificate in a new name issued by the Central Office shall also have securely and permanently attached thereto a signed photograph of the applicant. In each case in which a seal is affixed to a naturalization or citizenship paper containing a photograph of the applicant, the imprint of a part of the seal shall be affixed so as to extend over the lower portion of the photograph in such manner as not to obscure the features of the applicant. The third print of the photograph will be retained by the field office of the Service in its appropriate file.* (Nationality Act of 1910, sec. 330, 54 Stat. 1152)
364.3 Establishment of welfare photographic studios. District directors shall, after investigation, make reports and recom
*For statutory citation, see note to $ 364.1.
mendations to the Commissioner concerning the desirability of the establishment and operation by welfare organizations without profit of photographic studios, solely for the benefit of aliens seeking naturalization. Quarters for such purpose must be in a building occupied by the Service, and be conducted under the supervision of the Commissioner of Immigration and Naturalization. Such welfare organizations shall have the confidence of the district director and shall submit an annual accounting to the Commissioner of the conduct of such studio.* (Nationality Act of 1940, sec. 327 (h), 54 Stat. 1151)
*For statutory citation, see note to g 364.1.
Part 365-DECLARATION OF INTENTION Sec
ration of intention; to 365.4 How executed.
365.7 · Oath. 365.2 Notification to appear and file
declaration of intention. 8 365.1 Preliminary form for declaration of intention; to whom sent; when fee for certificate of arrival to accompany. Each prospective declarant shall be required to fill out properly, sign, and forward to the appropriate district or divisional director preliminary Form N-300, accompanied by three photographs of himself, as prescribed in Part 364. If the alien arrived in the United States after June 29, 1906, there shall also be transmitted with Form N-300 the statutory fee of $2.50 in the form of a United States postal money order payable to the order of the “Commissioner of Immigration and Naturalization, Washington, D. C.” for the necessary certificate of arrival.* (Nationality Act of 1940, secs. 329 (b) and 342 (b) (2), 54 Stat. 1152, 1161)
*88 365.1 to 365.7, 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.
365.2 Notification to appear and file declaration of intention. Following the submission of the preliminary Form N-300, as described in § 365.1, the applicant will be notified when and where to appear to file the declaration of intention.
365.3 Prerequisites to filing. No declaration of intention shall be executed or issued by any clerk of court for any applicant until such applicant has reached the age of eighteen years, nor for
, any applicant who arrived in the United States after June 29, 1906, until a certificate of applicant's lawful entry into the United States for permanent residence has been issued by the Commissioner or a Deputy Commissioner of Immigration and Naturalization in accordance with Part 363, and a certification of such arrival has been furnished to the clerk of court on Form N-210-A or N-225–A.* (Nationality Act of 1940, secs. 329 (b) and 331, 54 Stat. 1152, 1153)
365.4 How executed. The declaration of intention, together with the duplicate and triplicate copies thereof, shall be executed by the alien before the clerk of any court exercising naturalization jurisdiction or his authorized deputy, regardless of the place of residence of the applicant, and only in the office of said clerk. The declaration of intention shall be issued only on the official form furnished by the Immigration and Naturalization Service.* (Nationality Act of 1940, secs. 327 (d) and 331, 54 Stat. 1151, 1153) *For statutory citation, see note to 8 365.1.
365.5 How disposed of. The original of such declaration shall be retained and filed of record by such clerk of court, and the duplicate declaration with Form N-210-A or N-225-A and the second sheet of Form N-300 shall be forwarded to the proper district director or divisional director on the first day of the month following the month in which the declaration is filed, and the triplicate shall be delivered forthwith to the alien.* (Nationality Act of 1940, sec. 337 (a), 54 Stat. 1158)
365.6 How numbered. Declarations of intention shall be numbered in a series separate from petitions, in the order in which filed.* (Nationality Act of 1940, sec. 337 (f), 54 Stat. 1158)
365.7 Oath. At the time of the execution of the declaration of intention, the following oath or affirmation shall be administered to the declarant in the office of the clerk of court: "You do swear (affirm) that the statements you have made and the intentions you have expressed in this declaration of intention subscribed by you are true to the best of your knowledge and belief: So help you God." (Nationality Act of 1940, secs. 331 and 337 (a), 54 Stat. 1153, 1158)
For statutory citation, see note to § 365.1.