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(d) The designated examiner or officer shall prepare in triplicate his findings and recommendations for presentation to the court on Forms N-480 or N-481 for petitions recommended to be granted, on Form N-483 for petitions recommended to be continued, and on Form N-484 for petitions recommended to be denied. These findings and recommendations shall be signed by the officer in attendance at the final hearing and submitted to the judge of the court at or before the final hearing. After the final hearing has been held, an order of court shall be prepared in triplicate on Form N-482 for petitions recommended to be granted, on Form N-483 for petitions recommended to be continued, and on Form N-484-A for petitions recommended to be denied. The original order of court shall be presented for signature to the judge who presided at the final hearing. The originals of all of the forms named in this paragraph shall be filed permanently in the court, the duplicates forwarded by the clerk of court through the appropriate field office to the Central Office, and the triplicates filed in the field office.* (Secs. 333 and 334 (b), 54 Stat. 1156; 8 U.S. C. 733, 734)
* 88 373.1 to 373.10, inclusive, issued under the authority contained in sec. 327,51 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.
373.2 Proof at the hearing of residence and other qualifications within or without the State, but prior to the six months' period. At the preliminary hearing upon the petition for naturalization before a designated examiner, or, if no preliminary hearing is held, at the final hearing before the court, the petitioner shall prove the qualifications required by section 307 (a) of the Nationality Act of 1940 either by depositions taken in accordance with $ 373.3, or by the oral testimony of at least two credible citizen witnesses for each place of his residence except that proof, where required, of the petitioner's residence in the State where the petition is filed during at least six months immediately preceding its filing shall be made only by the oral testimony of such witnesses. Where oral testimony to establish residence prior to the period of six months immediately preceding the filing of the petition is taken before a court or before a designated examiner, an affidavit on Form N-451 shall be executed by the witnesses in triplicate before the clerk of court or the designated examiner, one copy of which affidavit shall be attached to the original petition, and the others to the duplicate and triplicate petitions, respectively. Where the testimony of the witnesses is heard by a designated examiner they may be excused from appearance before the court at the final hearing, unless the petitioner otherwise demands or the court otherwise orders.* (Nationality Act of 1940, secs. 307, 309, 327 (e), 333, and 334, 54 Stat. 1142, 1143, 1151, 1156)
373.3 Depositions; procedure. Depositions may be used to prove compliance with the requirements for naturalization during any period except the minimum period of State residence. Such depositions shall be taken only upon written interrogatories on Form N-462. Whenever possible they shall be made before a
. naturalization examiner, but where there is a likelihood of unusual
*For statutory citation, see note to 8 373.1.
delay or of hardship, such depositions may be taken before a postmaster without charge, or before a notary public or other person authorized to administer oaths for general purposes, and such authorization shall be filed in the naturalization court with the depositions. The appropriate district director is hereby authorized to determine when an unsual delay or hardship is likely in such cases, and is authorized to appoint postmasters or other officers to take depositions in such cases. In cases where the depositions are taken other than before a naturalization examiner or postmaster, the alien shall be informed of the name and title of the officer designated to take the depositions, and the petitioner shall arrange with him independently of the Service to defray all costs and expenses therewith. When depositions are taken by the Service, the time and place shall be so fixed as to be as convenient as possible to all concerned, consistently with good administration. Where deponents reside at or in the vicinity of the local headquarters of the Service, the depositions shall, if possible, be taken in the office of the Field Service. In other cases, definite arrangements shall be made with deponents by correspondence prior to their appearance. The petitioner for naturalization shall have the right to be present or to be represented, if desired, when the depositions are taken. Depositions shall be sent to the office having administrative supervision over the district in which the petition is filed, and by him forwarded to the clerk of court at any appropriate time prior to the final hearing upon the petition.* (Nationality Act of 1940, secs. 309 (b) and 327 (e), 54 Stat. 1143, 1151)
373.4 Substitution of witnesses; Procedure. If the witnesses who verified the petition cannot be produced at the final hearing, and the petitioner desires to substitute other witnesses in their stead, notice thereof on Form N-450 shall be given by the petitioner to the naturalization officer having administrative supervision over the district in which the petition is filed, at a reasonable time in advance of the date set for the final hearing upon the petition for naturalization. Where the competency and qualifications of the original witnesses have been previously determined by the Service to be satisfactory, and a representative of the Service attends the final hearing in person, notice of intention to substitute witnesses may be given to such representative at the hearing. In no case shall a final hearing be held upon a petition until after the substitute witnesses have been examined by the representative of the Service and an affidavit on Form N 451 executed in triplicate by the witnesses before such representative or the clerk of court. One copy of this affidavit shall be attached to the original petition, prior to or at the time of the hearing, and the others filed with the duplicate and triplicate petitions, respectively. If it should appear after a petition has been filed that any of the verifying witnesses thereto are not competent, and it is established that the petitioner acted in good faith in producing such incompetent witnesses, other witnesses may be substituted in accordance herewith.* (Nationality Act of 1940, sec. 309 (d), 54 Stat. 1144)
* For statutory citation, see note to § 373.1.
373.5 Certificate by examiner where petitioner is exempt from certain residential requirements; immediate hearing. Petitioners for naturalization who conform to the requirements of section 317 (a) or (c), 318 (a), 324 (a) or (b), or 325, of the Nationality Act of 1940, may be naturalized without compliance with the usual requirements for residence in the United States and in the State, but shall personally file their petitions for naturalization in conformity with the other applicable provisions of the naturalization laws, and may have their petitions heard immediately, provided that there is attached to the original and duplicate petitions at the time of filing a certificate of examination of a naturalization examiner on Form N-440.* (Nationality Act of 1940, secs. 317 (a) (c), 318 (a), 324 (a) (b), and 325, 54 Stat. 1146, 1147, 1149, 1150)
373.6 Naturalization rule days. Final naturalization hearings shall be held only on stated days fixed by rule of the court. Each district director, as far as possible, shall endeavor to have rule days for final hearings arranged so that naturalization sessions of the courts will follow each other in adjoining counties or circuits.* (Nationality Act of 1940, sec. 332 (d), 54 Stat. 1156)
373.7 Personal representation of Government at court hear. ings. Wherever possible, final naturalization hearings shall be attended personally by naturalization examiners or other members of the Service authorized by the Commissioner. Representatives appearing in behalf of the United States may cross-examine the petitioner and the witnesses produced in support of the petition, and may call other witnesses and produce evidence concerning any matter affecting the petitioner's right to naturalization. In cases where it appears to be necessary, the naturalization officer shall have made a stenographic report of the testimony given in any naturalization proceeding. * (Nationality Act of 1940, sec. 334 (d), 54 Stat. 1157)
373.8 Written report in lieu of personal representation at final hearings. Whenever it is impossible for a representative of the Service to be present at the final hearing upon a petition for naturalization, notice thereof shall be seasonably transmitted by the Service to the court in writing. The petitions set down for hearing shall be listed by number and name, and on the list shall be indicated immediately under each number and name all unfavorable facts, and if any, the grounds for objection, with pertinent comment and citation of authorities in support of the objection. Where continuance of the petition may be desired, the basis therefor shall be set forth. In cases in which the Service offers no objection it shall be so stated.* (Nationality Act of 1940, sec. 334 (d), 54 Stat. 1157)
373.9 Objections; form and content; procedure when overruled. Where material objection on behalf of the United States by the Service to the granting of a petition for naturalization is overruled by the court, the necessary action shall be taken to preserve the Government't right of review. Material objections shall be in writing, in the form of a motion for an order denying the petition for naturalization, and shall set forth with particularity 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)
*For statutory citation, see note to g 373.1.
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 8 373.1