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§ 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 § 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.

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§ 370.1 Preliminary form; to whom sent; when fee for certificate of arrival to accompany. Each prospective petitioner for naturalization shall be required to fill out properly, sign, and forward to the appropriate District or Divisional Director of Immigration and Naturalization preliminary application Form N400, accompanied by three photographs of the applicant, as prescribed in Part 364, and the applicant's declaration of intention if one be required. If the entry of the applicant into the United States occurred after June 29, 1906, and a certificate of arrival is required to support a petition for naturalization although a declaration of intention is not required, the application shall be accompanied by 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. 332 (e) and 342 (b) (2), 54 Stat. 1156, 1161)

* §§ 370.1 to 370.10, 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.

370.2 Notification to appear and file petition for naturalization. Following the submission of the preliminary Form N-400, as described in 370.1, the applicant will be notified when and where to appear to file the petition for naturalization.*

370.3 Petition to be executed before and in office of the clerk of court. The petition for naturalization and the duplicate copy thereof shall be executed by the petitioner and his witnesses before the clerk of the court exercising jurisdiction or his authorized deputy, and only in the office of said clerk.* (Nationality Act of 1940, sec. 332 (a), 54 Stat. 1154)

*For statutory citation, see note to § 370.1.

370.4 Verification of petition for naturalization; proof of residence, good moral character, and other requirements. A petitioner for naturalization, except where granted special exemption by law from the usual requirements as to residence, shall, at the time he files his petition, verify it by the affidavits of at least two credible witnesses, citizens of the United States, who shall appear in person and who shall have and aver knowledge of the petitioner at each place of his residence in the State where then residing during the period of at least six months immediately prior to the filing of the petition. If the petitioner has resided at two or more places in the State during such six months' period, and for this reason two witnesses cannot be procured to verify the petition as to all such residence, additional witnesses may be used but their affidavits shall be executed in triplicate on Form N-451, one copy of which affidavit shall be attached to the original petition and the others to the duplicate and triplicate petitions, respectively, at the time of filing the petition. Each of the witresses named in this section shall state in his affidavit that he has personally known the petitioner to have been a resident at such place for such period and that the petitioner was, during all such time, a person of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.* (Nationality Act of 1940, secs. 307 and 309 (a), 54 Stat. 1142, 1143)

370.5 Oath of petitioner and witnesses. The petition for naturalization shall be executed under oath or affirmation. The following oath or affirmation shall be administered to the petitioner: "You do swear (affirm) that you know the contents of this petition for naturalization subscribed by you, that the same are true to the best of your own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters you believe them to be true, and that this petition was signed by you with your full, true name: So help you God." The following oath or affirmation shall be administered to each of the witnesses who verify the petition: "You do swear (affirm) that the statements of fact you have made in the affidavit of this petition for naturalization subscribed by you are true to the best of your knowledge and belief: So help you God." (Nationality Act of 1940, secs. 309 (a) and 332 (a), 54 Stat. 1143, 1154)

370.6 Numbering of petitions. Petitions for naturalization shall be numbered in a series separate from declarations of intention in the order in which filed.* (Nationality Act of 1940, sec. 337 (f), 54 Stat. 1158)

370.7 Indexing of petitions involving change of name. Where a change of a petitioner's name has been finally ordered by the court, the clerk of court shall enter both the name by which the petitioner was originally known and his name, as changed, in the index of petitions for naturalization.* (Nationality Act of 1940, sec. 334 (e), 54 Stat. 1157)

370.8 Preliminary naturalization examinations; facts to be ascertained; manner of conducting and uniformity; limitation. Wherever practicable, preliminary examinations of appli*For statutory citation. see note to § 370.1.

cants for naturalization and their witnesses shall be made in person and under oath. The applicant and each witness shall be interviewed separately and apart from one another. The purpose of such examinations shall be to obtain accurate and material information bearing upon the applicant's admissibility to citizenship and the qualifications of the witnesses. Both the applicant and the witnesses shall be carefully interrogated to determine whether the applicant has complied with the jurisdictional requirements of law; is mentally and morally qualified for citizenship; is attached to the principles of the Constitution of the United States, and is well disposed to the good order and happiness of the United States. If the applicant has been arrested or charged with the violation of any law or ordinance, the facts shall be ascertained, including information as to whether conviction resulted and the nature and extent of any sentence which may have been imposed. Particular attention shall be given to ascertaining the applicant's complete marital history and the whereabouts of his or her spouse, if married, and minor children, if any. Questions to applicants and witnesses shall be repeated in different form and elaborated, if necessary, until the examining officer is satisfied that the person being interrogated fully understands them. The witnesses shall be questioned to develop not only their own credibility and competency but also the extent of their personal knowledge of the applicant's residence, good moral character, attachment to the principles of the Constitution of the United States, and other qualifications for citizenship. Search shall be made of appropriate court and other records and other available sources of information in establishing the qualifications of the applicant and witnesses. The examination shall be limited to inquiry concerning the applicant's residence, good moral character, understanding of and attachment to the fundamental principles of the Constitution of the United States, and his other qualifications to become a naturalized citizen, and shall be uniform throughout the United States.* (Nationality Act of 1940, sec. 327 (b), 54 Stat. 1151)

370.9 Material statements of applicants and witnesses to be in writing, under oath. Material statements of applicants for naturalization or applicants for certificates of citizenship or other naturalization or citizenship documents, and their witnesses, shall, where deemed necessary by the naturalization officer, be taken down in writing and under oath and signed by the applicant or witness.*

370.10 Review of field investigations. District directors and divisional directors shall, so far as possible, review the records of field investigations, either personally or through some duly designated member or members of the field staffs of their offices, and assign any available examiners, when advisable, to conduct further investigations, especially outside the offices of the Service.*

*For statutory citation. see note to § 370.1.

568700°-44-49

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