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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.
332.3 Proof of requirements. 332.2 Preliminary application and
petition for naturalization. 8 332.1 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)
*8$ 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 8 370.1 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, 721, 730, 732-736)
Part 334 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: VETERANS OF THE UNITED STATES ARMED FORCES
Sec. 334.1 Veterans who have served in 334.6 Veterans who have served in United States armed forces
the United States military for three years; exemptions
or naval forces after April and fees.
5, 1917, and before Novem334.2 Where service was continu
ber 12, 1918, or after April Ous.
20, 1898, and before July 5, 334.3 Where service was not con
1902, or on the Mexican tinuous.
Border in the regular Army 334.4 Where petition for naturali.
or National Guard from zation is filed more than
June 1916 to April 1917. six months after termina- 334.7 Limitations. tion of service,
334.8 Exemptions and fees. 334.5 Procedure
334.9 Certificate of arrival.
334.11 Procedure. $ 334.1 Veterans who have served in United States armed forces for three years; exemptions and fees. A person, including a native-born Filipino, who has served honorably at any time in the United States Army, Navy, Marine Corps, or Coast Guard for a period or periods aggregating three years, and who, if separated from such service, was separated under honorable conditions, may be naturalized, subject to the provisions of $8 334.2 to 334.5, inclusive. A petitioner for naturalization under this section shall pay the usual fee for filing a petition for naturalization, except that during the time the United States is at war, no clerk of a United States court shall charge or collect a naturalization fee from such petitioner for filing a petition or issuing a certificate of naturalization if the petitioner is in the military or naval service of the United States, and no clerk of any State court shall charge or collect any such fee unless the laws of such State require the charge to be made, in which case only the portion of the fee required to be paid to the State shall be charged or collected.* (Nationality Act of 1940, secs. 324, and 342, (a), (2) and (i), 54 Stat. 1149, 1161; 8 U.S. C. 724, 742)
*$$ 334.1 to 334.5, 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.
334.2 Where service was continuous. (a) Applicant who files petition while still in service. A person described in 8 334.1, whose service in the armed forces described therein has been continuous, may, while still in such service, file a petition for naturalization in any naturalization court, without regard to his place of residence, and without having resided continuously in
the United States for at least five years and in the State where the petition is filed for at least six months, immediately preceding such filing. No certificate of arrival and no declaration of intention shall be required to be filed with the petition. The petition shall be verified, but for no specified period of time, by at least two witnesses, citizens of the United States, as provided in 8 370.4 of this chapter, and the verifying witnesses shall also testify at the final hearing unless excused as provided in § 373.2 of this chapter. Such petition may be heard immediately if (1) the petitioner be then actually in such armed forces, and (2) before the filing of the petition, the applicant and at least two verifying witnesses, citizens of the United States, who shall identify the applicant as the person who rendered the service upon which the petition is to be based, have appeared before and been examined by a representative of the Immigration and Naturalization Service, and (3) a certificate of such examination on Form N-440 is filed with the petition in accordance with 8 373.5 of this chapter. At the time the petition for naturalization is filed, the petitioner shall present duly authenticated copies of the records of the executive departments having custody of the records covering the petitioner's service in the United States Army, Navy, Marine Corps, or Coast Guard, which copies must show the period or periods of such service and that it was performed under honorable conditions. Such duly authenticated copies of service records shall be accepted as proof of the good moral character, attachment to the principles of the Constitution of the United States of America, and favorable disposition toward the good order and happiness of the United States of the petitioner for the periods of such service.
(b) Applicant who files petition after leaving service but within six months. If the petitioner has been separated from such service prior to filing his petition for naturalization, but files his petition for naturalization within six months after the termination of such service, he shall be entitled to the same exemptions from residence in the United States and State, and within the jurisdiction of the naturalization court, and from filing with his petition for naturalization a certificate of arrival and a declaration of intention as the petitioner described in paragraph (a) of this section. But the petitioner under this paragraph shall prove his residence, good moral character, attachment to the principles of the Constitution of the United States, and his favorable disposition toward the good order and happiness of the United States for the period from the date of his separation from such service to the date of the filing of his petition for naturalization, and from the latter date to the date of his admission to citizenship, by the affidavits and testimony of at least two citizen witnesses, in the manner provided in 88 370.4 and 373.2 of this chapter. A petitioner under this paragraph shall not be entitled to an immediate hearing upon his petition, but only after the expiration of at least 30 days after the petition is filed, in accordance with the provisions of section 334 (c) of the Nationality Act of 1940.* (Nationality Act of 1940, secs. 307, 309 (a), 324 (a)
*For statutory citation, see note to $ 334.1.