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Part 375—OATH OF RENUNCIATION AND ALLEGIANCE Sec.

Sec. 375.1 Petitioners for naturalization 375.3 Oath of renunciation and alrequired to take oath of re

legiance waived in the nunciation and allegiance.

cases of certain children. 375.2 Oath of renunciation and al- 375.4 Renunciation of title or order legiance by certain women

of nobility.
before naturalization
court or a diplomatic or
consular officer of the

United States, $ 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 8 375.3.* (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 listed in parentheses at the end of specific sections.

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. (Nationality 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

a

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 1910, 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 8 375.1, 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.

Part 377–CERTIFICATE OF NATURALIZATION Sec.

Sec. 377.1 Certificate; when and by 377.3 Endorsement on stub of cerwhom issued; disposition

tificate of alien registration of duplicate.

number. 377.2 Change of name; endorse- 377.4 Blank certificates furnished ment to be made by clerk

clerks of court; execution on certificate.

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 8 377.4 of this Part.* (Nationality Act of 1940, sec. 337 (c), 54 Stat. 1158)

*88 377.1 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 naturalization 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 8 377.1.

certificates upon receipt cards provided by the Central Office. Original and duplicate certificates of naturalization when issued shall be fully executed, and signed by the clerk in his own handwriting, and he shall enter on the stub of each certificate so issued a memorandum of all the essential facts as set forth in such certifi. cate. Both copies of the certificate, in any case, including the

. stubs, shall, wherever possible, be legibly written at the same operation, with the use of carbon paper, on a typewriter. The stub shall be removed and retained by the clerk of court and may be filed in an upright card file, or in a 3- by 5-inch card drawer by trimming to that size. The duplicate certificates shall not be separated from their stubs but shall be forwarded at the proper time with all other duplicate papers. Every care must be exercised to prevent the loss or misplacement of any certificate of naturalization.* (Nationality Act of 1940, secs. 336 and 337 (c), 54 Stat. 1157, 1158)

*For statutory citation, see note to 8 377.1.

Part 378/CERTIFICATE OF NATURALIZATION FOR VETERAN OF FIRST OR SECOND WORLD WAR ALLIED FORCES

Sec.

Sec. 378.1 Application for; who may 378.3 Application for certificate of make; procedure; form;

repatriation; who may fee.

make; procedure; form; 378.2 Investigation; certificate; by

fee. whom issued; delivery; re- 378.4 Investigations; certificate of ceipt; proof.

repatriation; by rihom issued; delivery; receipt;

proof. $ 378.1 Application for; who may make; procedure; form; fee. A person naturalized under the provisions of section 323 the Nationality Act of 1940, who desires to obtain a certificate of naturalization evidencing such citizenship, shall fill out properly, sign, and forward application Form N-580 to the Commissioner of Immigration and Naturalization, Washington, D. C. Such application shall be accompanied by three photographs of the applicant prepared in accordance with Part 364, and the statutory fee of $1 in the form of a United States postal money order payable to the “Commissioner of Immigration and Naturalization, Washington, D. C."* (Nationality Act of 1940, secs. 323 and 342 (b) (7),54 Stat. 1149, 1161)

*$$ 378.1 to 378.4, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat 675, 8 U. S. C. 458; 8 C. F. R. 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

378.2 Investigation; certificate; by whom issued; delivery; receipt; proof. The Commissioner of Immigration and Naturalization may, if deemed necessary, transmit the application described in § 378.1 to the appropriate district director for investigation. Upon proof to the satisfaction of the Commissioner of Immigration and Naturalization that the applicant has been naturalized under section 323 of the Nationality Act of 1940 as claimed, the certificate of naturalization shall be issued and delivered to the applicant in person upon his signed receipt therefor, provided that he is then in the United States. Every applicant for a certificate of naturalization under this Part shall be required to satisfy the Service that he has not, since he acquired United States citizenship under section 323 of the Nationality Act of 1940, lost such citizenship.* (Nationality Act of 1940, secs. 323 and 342 (b) (7), 54 Stat. 1149, 1161)

378.3 Application for certificate of repatriation; who may make; procedure; form; fee. A person in the United States, who, before January 13, 1941, resumed citizenship of the United States under the twelfth subdivision of section 4 of the Act of June

*For statutory citation, see note to 8 378.1.

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