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 parentheses 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

tion 370.6 of this Title. The original declaration of allegiance shall be retained by the clerk of court, and the duplicate and triplicate 'thereof forwarded to the Commissioner of Immigration and Naturalization at the end of the month and shall be included in the clerk's report on Form N-4. The declarant shall pay a fee of $5 to the clerk of court at the time the declaration is filed, and upon taking the oath of renunciation and allegiance shall be entitled to a certificate of naturalization. The certificate of naturalization shall be issued by the clerk of court in the manner described in Part 377 of this Title.* (Secs. 337 (b) (d) (f) and 342 (a) (2), 54 Stat. 1158, 1161; 8 U. S. C. 737, 742)

[G. O. No. C-28, 7th Supp., July 14, 1943]

*For statutory citation, see note to § 347.1.

Part 348-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: VIRGIN ISLANDERS

§ 348.1 Renunciation of Danish allegiance. Any Danish citizen who resided in the Virgin Islands of the United States on January 17, 1917, and in those Islands, Puerto Rico, or the United States on February 25, 1927, and who had preserved Danish citizenship by making the declaration prescribed in Article VI of the Convention proclaimed January 25, 1917, between the United States and Denmark, may renounce his Danish citizenship before any court of record regardless of whether such court is authorized to exercise naturalization jurisdiction.* (Sec. 1 (a), 44 Stat. 1234, 8 U. S. C. 5b (a); Art. VI, 39 Stat. 1711)

*88348.1 to 348.4, 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.

348.2 Form and procdure for renouncing Danish allegiance; fee. The form for the declaration of renunciation of Danish citizenship shall be designed and prescribed by the court of record in which the Danish citizen desires to renounce such allegiance. The usual procedural requirements of the Nationality Act of 1940 do not apply to the proceedings described in section 348.1 and this section. The fee shall be fixed by the court or the clerk thereof in which the renunciation is made in accordance with law and the rules of such court, and no accounting therefor is required to be made to the Immigration and Naturalization Service. (Sec. 1 (a), 44 Stat. 1234; 8 U. S. C. 5b (a))

348.3 Citizenship of United States; when acquired; certificate not authorized in certain cases. Immediately upon making the declaration of renunciation as described in Sections 348.1 and 348.2 of this Part, the declarant becomes a citizen of the United States. No certificate of naturalization or of citizenship shall be issued to any person obtaining, or who has obtained, citizenship solely under section 1 of the Act of February 25, 1927, conferring citizenship upon certain inhabitants of the Virgin Islands of the United States.* (Sec. 1, 44 Stat. 1234, 47 Stat. 158, 336; 8 U. S. C. 5b)

348.4 Naturalization laws applicable to alien residents of the Virgin Islands of the United States. Aliens, other than

*For statutory citation, see note to § 384.1.

those described elsewhere in this Part, who are residing in the Virgin Islands of the United States and who wish to become naturalized as citizens of the United States shall comply with the provisions of the naturalization laws. Residence in the Virgin Islands of the United States shall be regarded as residence in the United States within the meaning of the Nationality Act of 1940. A preliminary application to file a declaration of intention or a petition for naturalization by a resident of the Virgin Islands of the United States shall be made upon preliminary naturalization Form N-300 or N-400, respectively, in accordance with sections 365.1 and 370.1 of this Title, and submitted to the District Director of Immigration and Naturalization, San Juan, Puerto Rico.* (Sec. 101 (d), 54 Stat. 1137; 8 U. S. C. 501)

*For statutory citation, see note to § 348.1.