330.2 Woman restored to citizenship by Act of June 25, 1936, as amended by the Act of July 2, 1940. Any woman who was restored to citizenship by the Act of June 25, 1936, as amended by the Act of July 2, 1940, but who failed to take the oath of allegiance prescribed by the naturalization laws prior to January 13, 1941, may take such oath before any naturalization court on or after January 13, 1941. Preliminary application to take the oath shall be made in the same manner as provided in § 330.3, and the application to the court shall be in triplicate on Form N-415. The original of Form N-415 shall be retained as a part of the court record, and the duplicate and triplicate copies forwarded to the appropriate district director or divisional director, unless the applicant shall demand a certified copy of the proceedings, in which case the clerk of court shall furnish her the triplicate Form N-415, properly certified, for which a fee of not to exceed $1 may be charged. No charge shall be made by the clerk of court for filing Form N-415.* (Act of June 25, 1936, as amended, 49 Stat. 1917, 54 Stat. 715; 8 U. S. C. 9a; Nationality Act of 1940, sec. 347 (a), 54 Stat. 1168)

330.3 A woman, citizen of the United States at birth, who lost or is believed to have lost her United States citizenship solely by marriage prior to September 22, 1922, to an alien, and whose marriage to such alien terminates on or after January 13, 1941. A woman described in section 317 (b) of the Nationality Act of 1940, if she has acquired no other nationality by affirmative act, may be naturalized by taking the oath of allegiance prescribed by section 335 of the Nationality Act of 1940. Such oath may be taken before the judge or clerk of any naturalization court, regardless of the applicant's place of residence. Preliminary application to take the oath shall be made, on Form N-401, to the office of the appropriate district director or divisional director. The eligibility of an applicant to take the oath shall be investigated by a member of the Service and appropriate recommendation made to the naturalization court. The application to the court shall be made on Form N-408, in triplicate. The original of Form N-408 shall be retained as a part of the court record and the duplicate forwarded to the appropriate district director or divisional director with duplicates of other naturalization papers filed and issued. The clerk of court shall furnish to the applicant, upon her demand, the triplicate Form N-408, properly certified, for which a fee not to exceed $1 may be charged. No charge shall be made by the clerk of court for the filing of Form N-408. In case the applicant does not demand the triplicate Form N-408, it shall be transmitted to the appropriate district director or divisional director with the duplicate of said form.* (Nationality Act of 1940, sec. 317 (b), 54 Stat. 1146)

330.4 Former citizen of the United States expatriated through the expatriation of such person's parent or parents. A person described in section 318 (a) of the Nationality Act of 1940, who has not acquired the nationality of another country by an affirmative act other than the expatriation of his parent or parents, may be naturalized upon filing a petition for naturaliza

For statutory citation, see note to § 330.1.

tion before reaching the age of 25 years. He must comply with all of the 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 in a State shall be required. The petition may be filed in any naturalization court regardless of the residence of the petitioner and may be heard immediately, provided a certificate from a naturalization examiner is attached to the petition as provided in § 373.5. Proof that the petitioner was at the time of filing the petition for naturalization and at the time of the final hearing thereon 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, and that he intends to reside permanently in the United States, shall be made by any means satisfactory to the naturalization court.* (Nationality Act of 1940, sec. 318 (a), 54 Stat. 1147)

330.5 Person who, as a minor child, lost citizenship of the United States through cancellation of the parent's naturalization, or a person who shall lose citizenship on or after January 13, 1941, under section 338 of the Nationality Act of 1940. In the case of a petitioner for naturalization under section 319 of the Nationality Act of 1940 the cancellation of the parent's naturalization shall be shown by the petitioner to have been upon grounds other than actual fraud or presumptive fraud as specified in the second paragraph of section 15 of the Act of June 29, 1906, as amended (34 Stat. 601; 40 Stat. 544). Such person, if he resided in the United States at the time of such cancellation, may file a petition for naturalization in his own behalf if over the age of 18 years. If such person is under the age of 18 years, a petition for naturalization may be filed in such person's behalf by a parent or guardian as described in Part 324 of this title. The petition for naturalization shall be filed within two years after such cancellation or within two years after January 13, 1941. The petitioner shall comply with all the requirements of the naturalization laws, except that no declaration of intention shall be required and the required five-year period of residence in the United States need not be continuous.* (Nationality Act of 1940, sec. 319, 54 Stat. 1148)

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. A person who, while a citizen of the United States and during the First or Second World War, entered the military or naval service of any country at war with a country with which the United States was or is at war, who lost citizenship of the United States by reason of any oath or obligation taken for the purpose of entering such service, or by reason of entering or serving in such armed forces, and who intends to reside permanently in the United States, may be naturalized by taking the oath of renunciation and allegiance specified in section 335 of the Nationality Act of 1940. For the purposes of this section, the Second World War shall be deemed to have commenced on September 1, 1939, and shall continue until such time as the United States shall cease to be in a state of war. Such oath may be taken *For statutory citation, see note to § 330.1.

before any naturalization court, and any person described in this section who has lost United States citizenship during the Second World War may also take the oath before any diplomatic or consular officer of the United States abroad. Application to take such oath before the court shall be made on Form N-409, which shall be executed in triplicate. The original of Form N-409 shall be retained by the clerk of court as the court record, and the duplicate and triplicate shall be forwarded to the appropriate district director or divisional director. The district director or divisional director shall forward the duplicate and triplicate Form N-409 to the Commissioner, who will transmit one copy to the Department of State. The taking of such oath before a diplomatic or consular officer abroad shall be in accordance with such regulations as may be prescribed by the Department of State. Any person who has been naturalized a citizen of the United States under this section may make application for a certificate of naturalization in the manner provided in Part 378. (Secs. 323 (as amended by the Act of April 2, 1942, 56 Stat. 198, 8 U. S. C. 723), 335, 54 Stat. 1149, 1157, 8 U. S. C. 723, 735)

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. A person who shall have been a citizen of the United States and also a national of a foreign state, and who shall have lost his citizenship of the United States under the provisions of section 401 (c) of the Nationality Act of 1940, may be naturalized, notwithstanding his race, upon compliance with all of the other requirements of the naturalization laws except that no declaration of intention, no certificate of arrival, and no period of residence in the United States or within the State where the petition is filed shall be required. The petitioner shall set forth in his petition that it is his intention to reside permanently in the United States. The petition may be filed in any naturalization court, regardless of the residence of the petitioner. The petition may be heard immediately provided a certificate from a naturalization examiner is attached to the petition as provided in § 373.5.* (Nationality Act of 1940, secs. 303, 317 (a), (c), and 401 (c), 54 Stat. 1140, 1146, 1147, 1169)

*For statutory citation, see note to § 330.1.

Part 332-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS MISINFORMED AS TO THEIR CITIZENSHIP STATUS

Sec.

332.1 Persons eligible.

332.2 Preliminary application and petition for naturalization.

Sec.

332.3 Proof of requirements.

§ 332.1 Persons eligible. A person, not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July 1, 1920, and who was on that date otherwise qualified to become a citizen of the United States except that such person had not made a declaration of intention required by law, and who during or prior to that time, because of misinformation regarding his citizenship status, erroneously exercised the rights and performed the duties of a citizen of the United States in good faith, may file a petition for naturalization without having made a preliminary declaration of intention. Such petitioner shall be required to comply with all of the other requirements of the naturalization laws.* (Nationality Act of 1940, sec. 320, 54 Stat. 1148; 8 U. S. C. 720)

*§§ 332.1 to 332.3, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; 8 U. S. C. 727; 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.

332.2 Preliminary application and petition for naturalization. Preliminary application by a person described in § 332.1 to file a petition for naturalization shall be made on Form N-400, in the manner prescribed by § 370.1 of this chapter. The petition shall be filed in accordance with the requirements of Part 370 of this chapter. In addition, the petitioner shall execute in triplicate an affidavit on Form N-420 before either a representative of the Service or the clerk of the naturalization court, and the original and duplicate thereof shall be attached to the original and duplicate petitions for naturalization, respectively, at the time the petition is filed, and the triplicate copy of Form N-420 shall be retained by the field office. (Nationality Act of 1940, sec. 320, 54 Stat. 1148; 8 U. S. C. 720)

332.3 Proof of requirements. Verification of the petition for naturalization and proof of residence and the other requirements prescribed by § 332.1 shall be made in the manner provided by Parts 370 and 373 of this chapter. In addition, the petitioner shall prove, by any evidence satisfactory to the naturalization court, the misinformation regarding his citizenship status and the exercise by him of the rights and the performance of the duties of a citizen of the United States in good faith because of such misinformation, during or prior to the five-year period next preceding July 1, 1920.* (Nationality Act of 1940, secs. 303 to 307, inclusive, 309, 320, 327 (e), 330, and 332 to 336, inclusive, 54 Stat. 1140-1142, 1143, 1148, 1151, 1152, 1154-1157; 8 U. S. C. 703-707, 709, 720, 727, 730, 732-736)