all of the grounds therefor. Where a material objection is overruled, a comprehensive report containing all the pertinent facts shall be submitted to the Central Office not later than ten days after the date of the hearing. Such report shall contain the recommendation of the officer who attended the final hearing and of the appropriate district director, as to whether an appeal should be taken or cancelation proceedings instituted.* (Nationality Act of 1940, sec. 334 (d), 54 Stat. 1157) 373.10 Procedure where petitioner for naturalization appears to be a citizen of the United States. Where doubt exists as to whether a petitioner for naturalization is already a citizen of the United States, the motion of the designated examiner or of the examiner at the final hearing should in no case be for denial of the petition on the ground that the petitioner is "already a citizen" unless the proof of that fact is clear and positive. Where doubt of citizenship exists, the case shall be treated by the Service as though the applicant were an alien.* (Nationality Act of 1940, sec. 334 (d), 54 Stat. 1157) *For statutory citation, see note to § 373.1 Part 375-OATH OF RENUNCIATION AND ALLEGIANCE Sec. 375.1 Petitioners for naturalization required to take oath of re- 375.2 Oath of renunciation and al- Sec. 375.3 Oath of renunciation and allegiance waived in the cases of certain children. 375.4 Renunciation of title or order of nobility. $375.1 Petitioners for naturalization required to take oath of renunciation and allegiance. A petitioner for naturalization under the general provisions of the Nationality Act of 1940, or under section 308, 310, 311, 312, 315, 316, 317 (a) or (c), 318, 319 (a), 320, 321, 323, 324, 325, or 326, of that Act, shall take in open court the oath of renunciation and allegiance prescribed by section 335 of that Act, unless such oath is waived as set forth in § 375.3.* (Nationality Act of 1940, sec. 335, 54 Stat. 1157) *88 375.1 to 375.4, 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 Histed in parentheses at the end of specific sections. (Na 375.2 Oath of renunciation and allegiance by certain women before a naturalization court or a diplomatic or consular officer of the United States. (a) A woman who applies to resume citizenship under section 317 (b) of the Nationality Act of 1940, may take the oath of renunciation and allegiance, prescribed by section 335 of that Act, if abroad before a diplomatic or consular officer of the United States, or if in the United States before the judge or clerk of a naturalization court, and from and after taking such oath she shall be deemed a citizen of the United States. tionality Act of 1940, secs. 317 (b) and 335, 54 Stat. 1146, 1157) (b) Such oath of renunciation and allegiance shall be entered in the records of the appropriate embassy or legation or consulate or naturalization court, and, upon demand, the woman taking the oath may obtain a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy or legation or consulate or naturalization court, at a cost not exceeding $1, which certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department of the United States. (Nationality Act of 1940, sec. 317 (b), 54 Stat. 1146) (c) A woman born in the United States, who lost or was believed to have lost United States citizenship solely by reason of marriage prior to September 22, 1922, to an alien, and whose marriage to such alien terminated prior to January 13, 1941, or who resided in the United States continuously since the date of such marriage, and who is deemed to be a citizen of the United States under the provisions of the Act of June 25, 1936, or the Act of July 2, 1940, may, on or after January 13, 1941, take the oath of renunciation and allegiance prescribed by section 335 of the Nationality Act of 1940, if abroad before a diplomatic or consular officer of the United States, or if in the United States before a naturalization court, and shall be entitled to the benefits of paragraph (b) of this section. Such woman shall not have or claim any of the rights of a citizen of the United States until she shall have taken such oath.* (Act of June 25, 1936, 49 Stat. 1917, as amended by the Act of July 2, 1940, 54 Stat. 715; 8 U. S. C. 9a; Nationality Act of 1940, secs. 347 (a) and 504, 54 Stat. 1168, 1172) 375.3 Oath of renunciation and allegiance waived in the cases of certain children. The naturalization court may waive the oath of renunciation and allegiance prescribed by section 335 of the Nationality Act of 1940, in the case of a child under eighteen years of age in whose behalf a petition for naturalization is filed by a parent or guardian under section 315, 316, or 319 (a) of the Nationality Act of 1940, if in the opinion of the court the child is too young to understand the meaning of such oath.* (Nationality Act of 1940, secs. 315, 316, 319 (a), and 335, 54 Stat. 1146, 1148, 1157) 375.4 Renunciation of title or order of nobility. A petitioner for naturalization who has borne any hereditary title or has been of any of the orders of nobility in any foreign state, shall, in addition to taking the oath of allegiance prescribed by § 375.1, make under oath in open court an express renunciation of such title or order of nobility.* (Nationality Act of 1940, sec. 335 (c), 54 Stat. 1157) *For statutory citation, see note to § 375.1. Sec. Part 377-CERTIFICATE OF NATURALIZATION 377.1 Certificate; when and by whom issued; disposition of duplicate. 377.2 Change of name; endorsement to be made by clerk on certificate. Sec. 377.3 Endorsement on stub of certificate of alien registration number. 377.4 Blank certificates furnished clerks of court; execution and issuance of certificates. § 377.1 Certificate; when and by whom issued; disposition of duplicate. Where a final order admitting the petitioner to citizenship has been duly signed by a judge, a certificate of naturalization shall be issued by the clerk of court to such petitioner, and the duplicate of such certificate shall be disposed of as provided in § 377.4 of this Part.* (Nationality Act of 1940, sec. 337 (c), 54 Stat. 1158) *§§ 377.1 to 377.4, 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. 377.2 Change of name; endorsement to be made by clerk on certificate. Where the name of the petitioner has been changed by order of court as a part of the naturalization, the clerk of court shall make, date, and sign the following endorsement on the reverse side of the original and duplicate of the certificate of naturalization: "Name changed by decree of court from as a part of the naturalization", inserting in full the original name of the petitioner. A similar notation shall be made on the stub of the original certificate. The certificate of naturalization shall be issued and the stub thereof signed according to the name as changed. (Nationality Act of 1940, sec. 334 (e), 54 Stat. 1157) 377.3 Endorsement on stub of certificate of alien registration number. The clerk of court, before delivering a certificate of naturalization to the naturalized person, shall obtain from the latter his or her Alien Registration Receipt Card, issued under the Alien Registration Act, 1940, and forward it to the Commissioner of Immigration and Naturalization with the duplicate certificate, after endorsing the alien registration receipt number on the stub of the duplicate certificate. No certificate of naturaliza tion shall be delivered to any naturalized person unless and until such person has surrendered his or her Alien Registration Receipt Card, unless specific authority for such delivery has been given by the appropriate district director.* (Title III, Alien Registration Act, 1940, 54 Stat. 673; 8 U. S. C. 451-460, inclusive) 377.4 Blank certificates furnished clerks of court; execution and issuance of certificates. Blank certificates of naturalization will be transmitted to clerks of courts either directly by the Central Office or through the local naturalization officers, as conditions require. The clerk of the court will issue a receipt for such For statutory citation, see note to § 377.1. |