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separation, or separation with good conduct, therefrom, except that such petitioner must establish his continuous residence, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, for the period of five years at least immediately preceding the filing of his petition, and from the date of filing his petition to the date of the final hearing thereon. Proof of such qualifications for the periods during which the petitioner was actually in such service shall be made as provided in 8 337.2. As to any part or parts of the five-year period immediately preceding the filing of the petition for naturalization, and as to the period between the date of the filing of the petition and the final hearing thereon, between the periods of the petitioner's service on vessels as described in § 337.1, such proof must be made by the affidavits and testimony of at least two citizen witnesses, for each such period, as set forth in 88 370.4, and 373.2, respectively, of this chapter.* (Nationality Act of 1940, secs. 307, 309 (a), 325, and 334 (c), 54 Stat. 1142, 1143, 1150, 1156; 8 U. S. C. 707, 709, 725, 734)

337.4' Where petition for naturalization is filed more than six months after termination of service. Where an alien has performed the service specified in § 337.1, but fails to file a petition for naturalization while still in such service or within six months after termination of such service he shall not be entitled to claim any of the exemptions set forth in § 337.2, except that such a petitioner for naturalization may prove his good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, for any period or periods, during the five-year period immediately preceding the filing of the petition, of service specified in § 337.1, by the production of duly authenticated copies of the records of the executive departments having custody of the records of such service, or discharges showing service with good conduct, as described in such section, in lieu of affidavits and testimony or depositions of witnesses for the period or periods of such service.* (Nationality Act of 1940, sec. 325, 54 Stat. 1150; 8 U.S. C. 725)

337.5. Procedure. An application to file a petition for naturalization under $ 337.2, 8337.3, or $ 337.4 shall be made on Form N-400. The petition for naturalization shall be filed on Form N-405. There shall be attached to the original of every petition for naturalization filed under any of such sections, an affidavit of the petitioner, sworn to before the clerk of court or a member of the Service on Form N-421, fully setting forth the periods and the description of his service. Such Form N-421 shall be filed with and made a part of the petition for naturalization at the time such petition is filed. The duplicate and triplicate executed copies of Form N-421 shall be attached to the duplicate and triplicate petitions for naturalization, respectively.* (Nationality Act of 1940, secs. 325 and 327 (d), 54 Stat. 1150, 1151; 8 U. S. C. 725, 727)

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* For statutory citation, see note to 8 337.1.

Part 345-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: NATIONALS BUT NOT CITIZENS OF THE UNITED STATES

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Sec.

Sec. 345.1 Exemption from residence in 345.2 Certificate of arrival.

the United States. 8 345.1 Exemption from residence in the United States. A national of the United States who is not a citizen thereof, and who is otherwise qualified for naturalization, may, if he becomes a resident of any State, be naturalized upon compliance with the requirements of the Nationality Act of 1940. In the case of such a person, residence within any of the outlying possessions of the United States shall be considered as residence within the United States within the meaning of such Act. (Secs. 321 and 327, 54 Stat. 1148, 1150, 8 U. S. C. 721, 727; sec. 37 (a), 54 Stat. 675, 8 U.S. C. 458; 8 C. F. R. 90.1)

345.2 Certificate of arrival. A person described in 345.1, if he entered the United States after June 29, 1906, and a certificate of arrival is required in his case, shall not file a declaration of intention nor a petition for naturalization until his lawful entry into the United States for permanent residence has been verified and a certificate of such arrival has been issued by the Immigration and Naturalization Service in accordance with the requirements of Part 363 of this chapter. The certificate of arrival in such a case shall set forth the date, place, and manner of the applicant's arrival as shown by the records of the service. (Secs. 327, 329 (b). and 332 (c), 54 Stat. 1150, 1152, 1156, 8 U.S. C. 727, 729, 732; sec. 37 (a), 54 Stat. 675, 8 U.S. C. 458; 8 CFR 90.1)

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Part 347-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PUERTO RICANS

Sec.

347.1 Declaration of allegiance to the United States. 347.2 Procedure.

347.3 Disposition; fee; certificate of naturalization.

§ 347.1 Declaration of allegiance to the United States. A person born in Puerto Rico of an alien parent or parents, who was eligible to become a citizen of the United States by making a declaration of allegiance to the United States under section 5 of the Act of March 2, 1917, and under section 5 (a) of said Act, as amended by section 2 of the Act of March 4, 1927, and who did not exercise such privilege, may become a citizen of the United States by making the declaration provided for by the foregoing Acts at any time on or after January 13, 1941. Such declaration of allegiance must be filed in the United States District Court for the District of Puerto Rico.* (Sec. 5, 39 Stat. 953, Sec. 5 (a), 44 Stat. 1418, 47 Stat. 158, Sec. 322, 54 Stat. 1148, 8 U. S. C. 5, `5 ́(a), 722)

*88 347.1 to 347.3, 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 parentbeses at the end of specific sections.

347.2 Procedure. (a) The declaration of allegiance specified in section 347.1 of this Part shall be made on Form N-330. There shall be set forth in that Form all the facts connected with the declarant's birth and residence in Puerto Rico, and due proof of such facts shall be submitted. The declarant also shall furnish three photographs of himself as described in section 364.1 of this Title.

(b) The declaration of allegiance shall be verified by the affidavits of two witnesses, citizens of the United States, who shall appear in person at the time the declaration is filed with the court. Each of such witnesses shall state in his affidavit that he personally knows the declarant to be permanently residing in Puerto Rico and that the declarant is 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 in his opinion the declarant is in every way qualified to be a citizen of the United States.

(c) The oath of renunciation and allegiance as prescribed by section 335 of the Nationality Act of 1940, shall be administered to the declarant in open court.* (Secs. 322 and 335, 54 Stat. 1148, 1157; 8 U. S. C. 722, 735)

347.3 Disposition; fee; certificate of naturalization. The declarations of allegiance described in this Part shall be numbered consecutively by the clerk of court in the same sequence of numbers as the petitions for naturalization, as described in sec

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