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intention may be made in any naturalization court, regardless of the place of residence in the United States of the applicant.

(c) When the applicant's declaration of intention is not less than two nor more than seven years old, and he has resided in the United States and State as specified in § 822.1 (d), he may make application to file a petition for naturalization. Such application shall be made on preliminary Form N-400, which the ap plicant may obtain from the clerk of any naturalization court having jurisdiction over his place of residence, or from any office of the Immigration and Naturalization Service. The filled-in form, accompanied by three signed photographs as described in Part 364 of this chapter, and the declaration of intention, shall be submitted to the office of the Immigration and Naturalization Service named on Form N-400, in accordance with the Instructions on said Form N-400.

(d) Upon receipt of Form N-400 with the proper enclosures, the Service will thereafter notify the applicant when and where to appear with his witnesses for preliminary examination. Wherever practicable, a preliminary examination of the applicant and his witnesses, as described in § 370.8 of this chapter, shall be made prior to the filing of the petition for naturalization. If possible, the applicant shall bring with him at the time he appears to file his petition for naturalization the same two witnesses named in his preliminary Form N-400, but in the event that he is unable to do so other witnesses may be presented. The petition for nat uralization shall be filed in a naturalization court having jurisdiction over the place of residence of the petitioner, and shall be filed only in the office of the clerk of such naturalization court. The petitioner shall pay to the clerk of the naturalization court a fee of $5 for the filing of the petition for naturalization, which fee must be paid at the time the petition is filed.

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(e) If the petition is filed in a court operating under section 333 of the Nationality Act of 1940, the petitioner and his witnesses shall be given a preliminary hearing by a designated examiner, immediately after the petition is filed if practicable, and in such cases the designated examiner may excuse the witnesses from appearance at the final hearing before the naturalization court if the witnesses appear to be qualified. The petitioner shall be notified when to appear in court with the witnesses who verified his petition, for the final hearing, unless he has previously been advised by the designated examiner that his witnesses have been excused from further appearance. If the witnesses who verified the petition for naturalization cannot be produced at the final hearing, other witnesses may be substituted as provided in § 373.4 of this chapter.

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(f) Before being admitted to citizenship, the petitioner shall take the oath of renunciation and allegiance in open court, as described in § 375.1 of this chapter. A person admitted to citizenship by a naturalization court shall be entitled upon such admission to receive from the clerk of such court a certificate of naturalization as described in section 336 of the Nationality Act of 1940. (Secs. 301, 327, 329 to 336, inclusive, and 342 (a), 54 Stat. 1140, 1150, 1152-1158, 1161, 8 U. S. C. 701, 727, 729-736, 742; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1)

Part 324-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: CHILDREN

Sec.

824.1 A child born outside of the

United States, one of whose
parents is a citizen of the
United States by birth or
naturalization at the time
of petitioning for nat-
uralization of the child.

324.2 A child not a citizen of the
United States who has been

adopted by a citizen of the
United States.

Sec.
324.3

A child under the age of 18 years who was formerly a citizen of the United States and who lost such citizenship through the cancellation of a parent's naturalization.

324.4 Petitions for naturalization filed in behalf of children; procedure.

§ 324.1 A child born outside of the United States, one of whose parents is a citizen of the United States by birth or naturalization at the time of petitioning for naturalization of the child. A child not a citizen and born outside of the United States, one of whose parents is a citizen of the United States by birth or naturalization at the time of petitioning for the naturalízation of such child, may be naturalized on petition of the citizen parent to the naturalization court within whose jurisdiction the parent and child reside. The petition for naturalization shall be filed and final action thereon taken while the child is under the age of 18 years. No declaration of intention shall be required. No definite period of residence in the United States or a State shall be required, but it must be established that the child in whose behalf the petition is filed is residing permanently in the United States with the citizen parent pursuant to lawful entry. A certificate of arrival shall be filed with the petition. There shall be included in the petition the affidavits of at least two credible witnesses, citizens of the United States, stating the length of time each of such witnesses has known the citizen parent and the child in whose behalf the petition is filed, that the said child has been and is permanently residing with the citizen parent in the United States, and that to the best of the witness' knowledge and belief the said child is qualified to become a citizen of the United States. At the hearing on the petition, the facts of the child's residence and the other qualifications described in section 307 (a) of the Nationality Act of 1940 shall be proved by the oral testimony of at least two credible witnesses who are citizens of the United States as required by section 309 (b) of the said Act. The child's racial eligibility and ability to speak the English language shall be established by such evidence as may be satisfactory to the naturalization court. Before being admitted to citizenship the child in whose behalf the petition is filed shall take the oath prescribed by section 335 of the said Act, except that such oath may be waived by the naturalization court, if, in the opinion of the

court, the child is too young to understand the meaning of such oath.* (Nationality Act of 1940, secs. 309, 315, and 335, 54 Stat. 1143, 1146, 1157)

*§§ 324.1 to 324.4, 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.

324.2 A child not a citizen of the United States who has been adopted by a citizen of the United States. A child not a citizen of the United States who has been adopted by a citizen or citizens of the United States may be naturalized on petition of the adoptive parent or parents to the naturalization court within whose jurisdiction the adoptive parent or parents and the child reside. The petition for naturalization shall be filed and final action thereon taken while the adopted child is under the age of 18 years. No declaration of intention shall be required. Proof of at least two years' continuous residence in the United States immediately preceding the date of filing the petition, and proof that the child has been adopted in the United States under the age of 16 years and has been in the legal custody of the adoptive parent or parents for at least two years prior to the filing of the petition, shall be furnished. A certificate of arrival shall be filed with the petition. There shall be included in the petition the affidavits of at least two credible witnesses, citizens of the United States, stating that each has personally known the adopted child to have been a resident of the United States for at least two years continuously immediately preceding the date of the filing of the petition and that to the best of the witness' knowledge and belief the said child is qualified to become a citizen of the United States. At the hearing on the petition, the facts of the child's residence and the other qualifications described in section 307 (a) of the Nationality Act of 1940, shall be proved by the oral testimony of at least two credible witnesses who are citizens of the United States as required by section 309 (b) of the said Act. The child's racial eligibility and ability to speak the English language shall be established by such evidence as may be satisfactory to the naturalization court. Before being admitted to citizenship the child in whose behalf the petition is filed shall take the oath prescribed by section 335 of said Act, except that such oath may be waived by the naturalization court if, in the opinion of the court, the child is too young to understand the meaning of such oath.* (Nationality Act of 1940, secs. 309, 316, and 335, 54 Stat. 1143, 1146, 1157)

324.3 A child under the age of 18 years who was formerly a citizen of the United States and who lost such citizenship through the cancellation of a parent's naturalization. A person who, as a minor child, lost United States citizenship through the cancellation of its parent's naturalization, may be naturalized if under the age of 18 years on petition of a parent or guardian to the naturalization court within whose jurisdiction the child resides. No declaration of intention shall be required. A period of at least six months' continuous residence within the

*For statutory citation, see note to § 324.1.

State of the child's residence immediately preceding the date of the petition, and at least five years' residence within the United States shall be required, but such required residence in the United States need not be continuous. A certificate of arrival shall be filed with the petition. There shall be included in the petition the affidavits of at least two credible witnesses, citizens of the United States, stating that each has personally known the child to have been a resident of the State in which such petition is filed during the entire period of at least six months continuously immediately preceding the date of the filing of the petition, and in the United States for an aggregate period of at least five years preceding the date of the petition, and that to the best of the witness' knowledge and belief the said child is qualified to become a citizen of the United States. At the hearing on the petition, the facts of the child's residence and the other qualifications described in section 307 (a) of the Nationality Act of 1940, shall be proved by the oral testimony of at least two credible witnesses who are citizens of the United States as required by section 309 (b) of the said Act. In addition to the qualifications herein set out, it shall be established by any evidence satisfactory to the naturalization court that the child in whose behalf the petition for naturalization is filed was residing in the United States at the time such child lost citizenship through the cancellation of a parents' naturalization; that prior to such cancellation such child actually was a citizen of the United States, and that the petition for naturalization filed in behalf of such child was filed within two years after the date of the cancellation of the parent's certificate or within two years after the effective date of the Nationality Act of 1940. (For petition of such a child who is over 18 years of age see 330.5.)* (Nationality Act of 1940, secs. 309, 319, and 335, 54 Stat. 1143, 1148, 1157).

324.4 Petitions for naturalization filed in behalf of children; procedure. Applications for certificates of arrival and to file petitions for naturalization in behalf of children described in §§ 324.1, 324.2, and 324.3 shall be made on Form N-402, which shall be executed by the petitioning citizen parent, parents, or guardian, as may be appropriate and filed with the appropriate field office of the Service, accompanied by a United States postal money order for $2.50 payable to the "Commissioner of Immigration and Naturalization, Washington, D. C." and three photographs of the child for whom naturalization is sought. Such photographs shall conform to the requirements of Part 364, and shall be signed by the child if the child is able to sign its name. The fee of $5 for filing the petition shall be paid to the clerk of the naturalization court. Such petition shall be executed in duplicate on Form N-407, numbered consecutively with other petitions, and the original petition shall be bound in chronological order by the clerk of court in the regular volume of petitions for naturalization of each court.* (Nationality Act of 1940, sec. 327 (b), 330, and 342 (a) (2), 54 Stat. 1151, 1152, 1161.) If the child is unable to sign its name, the photographs

*For statutory citation, see note to § 324.1.

and certificate of naturalization shall be signed by the petitioning citizen parent, parents, or guardian, as may be appropriate, and the signature shall read "(insert name of petitioning parent, parents, or guardian) in behalf of (insert name of naturalized child)".

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