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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 8 326.1.

Part 330—SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: FORMER UNITED STATES CITI. ZENS

a

on

Sec.

Sec. 330.1 Person who prior to Septem- 330.4 Former citizen of the United ber 22, 1922, lost United

States expatriated through States citizenship by mar

the expatriation of such riage to an alien or by the

person's parent or parents. spouse's loss of United 330.5 Person who, as a minor child, States citizenship, and any

lost citizenship of the person who lost United

United States through can. States citizenship on or

cellation of the parent's nat after September 22, 1922,

uralization, or person by marriage to an alien in

who shall lose citizenship eligible to citizenship.

or after January 13, 330.2 Woman restored to citizen

1941, under Section 338 of ship by the Act of June 25,

the Nationality Act of 1940. 1936, as amended by the

330.6 Person who lost citizenship Act of July 2, 1940,

of the United States 330.3 A woman, citizen of the

through service in one of United States at birth,

the Allied Armies during who lost or is believed to

the First or Second World

War. have lost her United States

330.7 Person who shall have lost citizenship solely by mar

citizenship of the United riage prior to September

States by entering or serv22, 1922, to an alien, and

ing in the armed forces of a whose marriage to such

foreign state, if he has or alien terminates on or after

acquires the nationality of January 13, 1941.

such foreign state. 8 330.1 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)

*88 330.1 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. Stat. otes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

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 naturalization 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)

* For statutory citation, see note to 8 330.1.

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 socond 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.

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