Part 326-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SPOUSES OF UNITED STATES CITIZENS Sec. 326.1 Allen 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. 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 Sec. Allen 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. 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. 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 naturaliza 568700-44- -45 953 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 §§ 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 § 326.1. ciples of the Constitution of the United States, and well disposed to the good order and happiness of the United States. Depositions may be used to prove any portion of the required period of residence and the other qualifications required to be proved. In the case of a petition filed under § 326.4, by an alien whose spouse is employed abroad by an American institution of research, the appropriate field officer will, prior to the final hearing of such petition, ascertain from the Attorney General whether the specified institution is recognized as an American institution of research by the Attorney General. (Nationality Act of 1940, secs. 309 (a), (b), 310, 311, and 312, 54 Stat. 1143, 1144, 1145) *For statutory citation, see note to § 326.1. Part 330 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: FORMER UNITED STATES CITIZENS Sec. Former citizen of the United States expatriated through the expatriation of such person's parent or parents. 330.5 Person who, as a minor child, lost citizenship of the United States through cancellation of the parent's nat uralization, or a person who shall lose citizenship on or after January 13, 1941, under Section 338 of the Nationality Act of 1940. 330.6 Person who lost citizenship of the United States through service in one of the Allied Armies during the First or Second World War. 330.7 Person who shall have lost citizenship of the United States by entering or serving in the armed forces of a foreign state, if he has or acquires the nationality of such foreign state. § 330.1 Persons who prior to September 22, 1922, lost United States citizenship by marriage to an alien or by the spouse's loss of United States citizenship, and any person who lost United States citizenship on or after September 22, 1922, by marriage to an alien ineligible to citizenship. A person described in section 317 (a) of the Nationality Act of 1940, who has not acquired the nationality of another country by an affirmative act other than marriage to an alien, may be naturalized, notwithstanding the race of such person, upon compliance with all the other requirements of the naturalization laws, except that no declaration of intention, no certificate of arrival, and no period of residence within the United States or within the State where the petition is filed shall be required. The petition may be filed in any naturalization court regardless of the residence of the petitioner. The petition need not set forth that it is the intention of the petitioner to reside permanently in the United States. The peition may be heard immediately provided a certificate from a naturalization examiner is attached to the petition as provided in § 373.5 of this title.* (Nationality Act of 1940, secs. 303 and 317 (a), 54 Stat. 1140, 1146) *§§ 330.1 to 330.7, 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. |