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Part 320-NATURALIZATION COURTS AND THEIR

JURISDICTION Sec.

Sec. 320.1 Jurisdiction of courts to nat- 320.4 Limited period for disposing uralize.

of petitions for naturaliza320.2 Limitations on judicial Juris.

tion filed prior to January diction.

13, 1941. 320.3 Jurisdiction to accept decla

rations of intention. 320.1 Jurisdiction of courts to naturalize. Exclusive general jurisdiction to naturalize aliens and other noncitizens of the United States is conferred by the Nationality Act of 1940 upon all District Courts of the United States in any State, in the Territories of Hawaii and Alaska, and in the District of Columbia and in Puerto Rico; upon the District Court of the Virgin Islands of the United States, and upon all courts of record in any State or Territory, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited.* (Nationality Act of 1940, sec. 301 (a), 54 Stat. 1140)

* 88 320.1 to 320.4, 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.

320.2 Limitations on judicial jurisdiction. The jurisdiction of a court to naturalize any person from and after January 13, 1941, is limited to persons resident within the jurisdiction of such court, except in those cases described in sections 312, 317, 318, 322, 323, 324, and 325, of the Nationality Act of 1940, in which the requirement of residence within the court's jurisdiction is dispensed with.* (Nationality Act of 1940, secs. 301 (a), 312, 317, 318, 322, 323, 324, and 325, 54 Stat. 1140, 1145, 1146, 1147, 1148 1150)

320.3 Jurisdiction to accept declarations of intention. A noncitizen of the United States, otherwise eligible to make a declaration of intention to become a citizen of the United States, may do so in any naturalization court, regardless of the place of his residence in the United States.* (Nationality Act of 1940, sec. 331 ,54 Stat. 1153).

320.4 Limited period for disposing of petitions for naturali. zation filed prior to January 13, 1941. All petitions for naturalization filed in naturalization courts prior to January 13, 1941, and which were pending on that date, must be finally heard and determined within two years thereafter, in accordance with the requirements of law in effect when the petitions were filed.* (Nationality Act of 1940, sec. 347 (b), 54 Stat. 1168)

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Sec.

NATURALIZED Sec. 322.1 General requirements.

1

322.2 Procedural requirements. 8 322.1 General requirements. A person, not a citizen of the United States, in order to be eligible for naturalization upon a petition for naturalization to a naturalization court shall, unless specially exempted as set forth in Subchapter D. of this title:

(a) be at least 20 years old, if a declaration of intention at least two years old is required to be filed with the petition;

(b) have been lawfully admitted to the United States for permanent residence;

(c) have made a declaration of intention not less than two nor more than seven years before filing his petition;

(d) have resided continuously in the United States for at least five years and in the State in which his petition for naturalization is filed for at least six months, immediately preceding the filing of the petition;

(e) be a person racially eligible for naturalization as defined in Part 350 of this chapter;

(f) have been a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all of the periods described in paragraph (d) of this section, and during the period from the date of the filing of the petition up to the time of his admission to citizenship;

(g) be able to speak the English language, unless physically unable to speak;

(h) be able to sign his petition in his own handwriting, unless physically unable to write; and

(i) be not disqualified for naturalization under section 305 or section 306 of the Nationality Act of 1940, or otherwise. (Secs. 101 (c), 301 (d), 303 to 306, inclusive, 307 (a) and 327; 54 Stat. 1137, 1140-1142, 1150, 8 U.S. C. 501, 701, 703-706, 707, 727; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1)

322.2 Procedural requirements. (a) A person, not a citizen of the United States, at least 18 years old, may make application to file a declaration of intention at any time after having been lawfully admitted to the United States for permanent residence. Such person shall not be required to be able to speak the English language, and, if unable to write, may sign the declaration of intention and the photographs affixed thereto by mark.

(b) Application for a declaration of intention shall be made on preliminary Form N-300, as described in § 365.1 of this chapter, which form may be obtained from the clerk of any naturalization court or from any office of the Immigration and Naturalization Service. Following the submission of the preliminary Form N-300 to the appropriate District Director or Divisional Director of Immigration and Naturalization, the applicant will be notified when and where to appear to file the declaration of intention, at which time a fee of $2.50 for the declaration of intention shall be paid to the clerk of the naturalization court. The declaration of 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 por 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 applicant 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. Wher. ever practicable, a preliminary examination of the applicant and his witnesses, as described in 8 370.8 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 naturalization shall be filed in a naturalization court having jurisdic. tion 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.

(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 8 373.4 of this chapter.

(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 (à), 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.

Sec. 324.1 A child born outside of the 324.3 A child under the age of 18 United States, one of whose

years who was formerly a parents is a citizen of the

citizen of the United States United States by birth or

and who lost such citizennaturalization at the time

ship through the cancellaof petitioning for nat

tion of a parent's naturall. uralization of the child.

zation. 324.2 A child not a citizen of the 324.4 Petitions for naturalization United States who has been

filed in behalf of children; adopted by a citizen of the

procedure United States. 8324.1 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 naturalization 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

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