Lapas attēli
PDF
ePub

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)

*88 324.1 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 de scribed 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 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).

*For statutory citation, see note to 8 324.1.

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 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)”.

*For statutory citation, see note to $ 324.1.

1

Part 326_SPECIAL CLASSES OF PERSONS WHO MAY

BE NATURALIZED: SPOUSES OF UNITED STATES

CITIZENS Sec.

Sec. 326.1 Alien who after September 21, 326.3 Alien who on January 13, 1922, and prior to May 24,

1941, is married to or there1934, has married a citizen

after marries a citizen of of the United States, or

the United States, or whose alien who married prior to

spouse is naturalized after May 24, 1934, a spouse who

January 13, 1941, was naturalized during

326.4 Alien whose citizen spouse is such period, and during the

in the employment of the continuance of the marital

United States Government, status.

or of an American institu326.2 Alien who, on or after May

tion of research, or an 24, 1934, has married a cit

American firm or corporaizen of the United States,

tion engaged in the developor any alien whose spouse

ment of foreign trade and was naturalized on or after

commerce of the United May 24, 1934, and during

States. the continuance of the 326.5 Procedural requirements.

marital status. $ 326.1. Alien who after September 21, 1922, and prior to May 24, 1934, has married a citizen of the United States, or alien who married prior to May 24, 1934, a spouse who was naturalized during such period, and during the continuance of the marital status. An alien who, after September 21, 1922, and prior to May 24, 1934, married a citizen of the United States, or an alien who married prior to May 24, 1934, a spouse who was naturalized during such period and during the continuance of the marital status, may be naturalized upon compliance with all the requirements of the naturalization laws, with the following exceptions: (1) no declaration of intention shall be required; and (2) but one year's continuous residence in the United States immediately preceding the filing of the petition for naturalization shall be required in lieu of the five-year period of residence within the United States and the six months' period of residence within the State.* (Nationality Act of 1940, sec. 310 (a), 54 Stat. 1144)

*88326.1 to 326.5, 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.

326.2 Alien who, on or after May 24, 1934, has married a citizen of the United States, or any alien whose spouse was naturalized on or after May 24, 1934, and during the continuance of the marital status. An alien who, on or after May 24, 1934, has married or shall marry a citizen of the United States, or an alien whose spouse was naturalized on or after May 24, 1934, and during the continuance of the marital status, may be naturalized upon compliance with all the requirements of the naturaliza56870044

953

45

tion laws, with the following exceptions: (1) no declaration of intention shall be required; and (2) but three years' continuous residence in the United States immediately preceding the filing of the petition for naturalization shall be required, in lieu of the fiveyear period of residence within the United States and the six months' period of residence within the State.* (Nationality Act of 1940, sec. 310 (b), 54 Stat, 1144)

326.3 Alien who on January 13, 1941, is married to or thereafter marries a citizen of the United States, or whose spouse is naturalized after January 13, 1941. An alien who on January 13, 1941, is married to, or thereafter marries a citizen of the United States, or whose spouse is naturalized after January 13, 1941, and who shall have resided in the United States in marital union with the citizen spouse for at least one year immediately preceding the filing of the petition for naturalization, may be naturalized upon compliance with all the requirements of the naturalization laws, with the following exceptions: (1) no declaration of intention shall be required; and (2) at least two years' continuous residence in the United States immediately preceding the petition for naturalization shall be required, in lieu of the five-year period of residence within the United States and the six months' period of residence within the State. * (Nationality Act of 1940, sec. 311, 54 Stat. 1145)

326.4 Alien whose citizen spouse is in the employment of the United States Government, or of an American institution of research, or an American firm or corporation engaged in the development of foreign trade and commerce of the United States. An alien whose citizen spouse is in the employment of the United States Government, or of an American institution of research recognized as such by the Attorney General, or an American firm or corporation engaged in the development of the foreign trade and commerce of the United States, and whose citizen spouse is regularly stationed abroad in such employment, may be naturalized upon full compliance with all requirements of the naturalization laws, with the following exceptions: (1) no declaration of intention shall be required; and (2) no prior residence within the United States or within the jurisdiction of the naturalization court shall be required. Such an alien shall declare in good faith an intention to take up permanent residence within the United States immediately upon the termination of such employment abroad of the citizen spouse.* (Nationality Act of 1940, sec. 312, 54 Stat. 1145)

326.5 Procedural requirements. An alien desiring to file a petition for naturalization under SS 326.1, 326.2, 326.3, or 326.4, shall make application on Form N-400. A petition for naturalization filed under any such section shall be filed on Form N-406. No period of residence within the State shall be required, but the petition shall be verified at the time it is filed by at least two credible citizen witnesses, who shall state in their affidavits the period of time they have known the petitioner, and that such petitioner is a person of good moral character, attached to the prin

*For statutory citation, see note to 8 326.1.

« iepriekšējāTurpināt »