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Part 337-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SEAMEN

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§ 337.1 Persons who have served on United States Government or merchant vessels; exemptions and fees. A person who has served honorably or with good conduct for an aggregate period of at least five years (a) on board of any vessel of the United States Government other than in the United States Navy, Marine Corps, or Coast Guard, or (b) on board of vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels and whose home port is in the United States, may be naturalized, subject to the provisions of §§ 337.2 to 337.5, inclusive. A petitioner for naturalization under this section shall pay the usual fee for filing a petition for naturalization.* (Nationality Act of 1940, secs. 325 and 342 (a) (2), 54 Stat. 1150, 1161, 1162; 8 U. S. C. 725, 742)

*§§ 337.1 to 337.5, 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.

337.2 Where service was continuous. (a) Applicant who files petition while still in service. A person described in § 337.1, whose service 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 § 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 service, 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 § 373.5 of this chapter. At the time the petition for naturalization is filed, the applicant shall present duly authenticated copies of the records of the executive departments having custody of the records covering the petitioner's service if it was on a vessel of the United States Government, which copies must show the period or periods of such service and that it was performed under honorable conditions, or discharge showing service with good conduct if service was on a vessel other than a vessel of the United States Government. Such duly authenticated copies of service records and discharges 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 natuaralization 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 §§ 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), 325, and 334 (c), 54 Stat. 1142, 1143, 1150, 1156; 8 U. S. C. 707, 709, 725, 734)

337.3 Where service was not continuous. A person described in § 337.1, whose service was not continuous, shall be entitled to all of the exemptions set forth in § 337.2 (including an immediate hearing if still in the service), if he files a petition for naturalization while still in such service or within six months after honorable

*For statutory citation, see note to § 337.1.

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 § 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 §§ 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, § 337.3, 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)

*For statutory citation, see note to § 337.1.

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

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345.1 Exemption from residence in 345.2 Certificate of arrival.

the United States.

§ 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. Č. 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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