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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 hom issued; delivery; receipt ;

proof. $ 378.1 Application for; who may make; procedure; form; fee. A person naturalized under the provisions of section 323 of 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)

*88 378.1 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 $ 378.1.

29, 1906, as amended (40 Stat. 545, 46 Stat. 791; 8 U.S. C. 18), and who desires to obtain a certificate evidencing such citizenship, shall fill out properly, sign, and forward application Form N-579 direct to the Commissioner of Immigration and Naturalization, Washington, D. C. Such application shall be accompanied by three photographs of the applicant in accordance with Part 364 of this chapter and the statutory fee of one dollar in the form of a United States postal money order payable to the order of the “Commissioner of Immigration and Naturalization, Washington, D. C.”* (46 Stat. 791; 8 U.S. C. 18)

378.4 Investigations; certificate of repatriation; by whom issued; delivery; receipt; proof. The Commissioner of Immigration and Naturalization may, if deemed necessary, transmit the application referred to in § 378.3 to the appropriate district director for investigation. Upon proof to the satisfaction of the commissioner that the applicant resumed United States citizenship as claimed, the certificate of repatriation 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 under this Part shall be required to satisfy the Service that he has not, since he acquired United States citizenship under the twelfth subdivision of section 4 of the Act of June 29, 1906, as amended, lost such citizenship.* (46 Stat. 791; 8 U. S. C. 18)

* For statutory citation, see note to 8 378.1.

Part 379/CERTIFICATES OF CITIZENSHIP WHERE CITIZENSHIP ACQUIRED (1) BY NATURALIZATION OF PARENT, PARENTS, OR HUSBAND, OR (2) BY BIRTH ABROAD TO CITIZEN PARENT OR PARENTS

Sec.
379.1 Who may apply for certifi-

cate of citizenship.
879.2 Application for certificate;

form; fee. 379.3 Attorneys. 379.4 Procedure upon receipt of

application.

Sec.
379.5 Proof.
379.6 Examination and evidence.
379.7 Record; recommendation;

review.
379.8 Final disposition,

8 379.1 Who may apply for certificate of citizenship. Any person who claims to have derived United States citizenship through the naturalization of a parent or parents or through the naturalization or citizenship of a husband or any person who claims to be a citizen of the United States by virtue of the United States citizenship of his parent or parents at the time of his birth outside the United States, may apply to the Commissioner for a certificate of citizenship.* (Sec. 339, 54 Stat. 1160, as amended by sec. 3, Act of January 20, 1944, Public Law No. 221, 78th Congress; 8 U.S. C. 739.)

*88 379.1 to 379.8, 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.

379.2 Application for certificate; form; fee. Where the applicant claims to have derived United States citizenship through the naturalization of a parent or parents or through the naturalization or citizenship of a husband, application for a certificate of citizenship shall be made by the applicant on Form N.-600. Where the applicant claims to be a citizen of the United States on the ground that his parent or parents were citizens of the United States at the time of his birth outside the United States, application for a certificate of citizenship shall be made by the applicant on Form N-600-A. The application shall be submitted either in person or by mail to the immigration and naturalization office located nearest the applicant's place of residence. The application shall be signed by the applicant, or in the case of a child under the age of 18 years by his parent or guardian, when submitted, but shall not be subscribed and sworn to or affirmed until the applicant appears before an officer of the Immigration and Naturalization Service for examination upon the merits of his application. The application shall be accompanied by a United States postal money order in the sum of $5, payable to the "Commissioner of Immigration and Naturalization, Washington, D. C.” Cash shall not be accepted. The application shall also be accompanied by the originals of such documentary evidence, or pertinent excerpts therefrom if the documents are lengthy or bulky, as the applicant may have or be able to obtain relating to the date and place of his birth, the date and place of the marriage of his parents, the date and place of marriage of applicant if the applicant be a woman, or any other documents tending to establish the claimed citizenship. The applicant shall not be required to furnish a translation of any such documents written in a foreign language. If the applicant desires any such documents returned to him after final action has been taken in his case, his application should also be accompanied by photostatic, photographic, or typewritten copies of such documents except that no copy of any sort may be made of any original or copy of a declaration of intention or certificate of naturalization or citizenship or any part thereof. The applicant must submit three photographs in accordance with the requirements of Part 364 of this title.* (Sec. 339, 54 Stat. 1160, as amended by sec. 3, Act of January 20, 1914, Public Law No. 221, 78th Congress; 8 U. S. C. 739)

379.3 Attorneys. Attorneys and other persons qualified to practice before the Immigration and Naturalization Service, who represent applicants for certificates of citizenship under section 339 of the Nationality Act of 1940, as amended, shall be permitted, upon completion of the application and examination of the applicant and his witnesses, to review the record either before it is forwarded to the Central Office or thereafter, and prior to final decision. Such attorneys and other practitioners may submit briefs, and, upon sufficient notice, shall be given opportunity to present oral argument before the Central Office. When final decision is made in a case, the attorney or other person representing the applicant shall be entitled to notification of such action.* (Sec. 339, 54 Stat. 1160, as amended by sec. 3, Act of January 20, 1944, Public Law No. 221, 78th Congress; 8 U.S. C. 739)

379.4 Procedure upon receipt of application. If the application is not properly prepared, or does not present a prima facie case, it shall be returned for correction or completion, and shall not be accepted until properly prepared. When an application is submitted, but the nature of the documentary evidence therewith is not reasonably adequate to support the application, the field office may defer acceptance thereof. In the latter event, the application, money order, photographs, and documentary evidence, and any copies of evidence shall be returned to the applicant with a request for submission of more substantial evidence. If the application is thereafter submitted accompanied by satisfactory evidence, or is so submitted with the statement that further evi. dence cannot be obtained, the field office shall accept it for further consideration. The applicant shall thereafter be informed when and where he and his witnesses will be examined upon the merits of his application.* (Sec. 339, 54 Stat. 1160, as amended by sec. 3, Act of January 20, 1944, Public Law No. 221, 78th Congress; 8 U. S. C. 739)

379.5 Proof. The applicant shall establish to the satisfaction of the Commissioner that he is a citizen of the United States, that

*For statutory citation, see note to 8 379.1.

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