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350.2 Persons of mixed racial 350.5 Racial eligibility not required bloods. in certain classes of naturalization cases.

350.3 Filipinos.

§ 350.1 Racial eligibility; general classes. Except as otherwise provided in this Part, naturalization under the provisions of the Nationality Act of 1940 is limited to white persons, persons of African nativity or descent, descendents of races indigenous to the Western Hemisphere, and Chinese persons or persons of Chinese descent. Whenever race is required to be designated in connection with any naturalization matter, such designation shall be made by the use of one or more of the following terms, except that, where appropriate, other terms may be used in cases within $$ 350.3, 350.4, or 350.5 of this part: White, African or African descent, Indian, Eskimo, Aleutian, Chinese or Chinese descent.* (Sec. 303, 54 Stat. 1140; 57 Stat. 600; 8 U. S. C. 703)

*§§ 350.1 to 350.5, 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.

§ 350.2 Persons of mixed racial bloods. A person of mixed racial bloods, to be eligible to naturalization within the limitations of § 350.1 of this part, must be

(a) a person who is of as much as one-half blood of the white race, African nativity or descent, a race indigenous to the Westren Hemisphere, or a combination of any such races, and is not of as much as one-half blood of any other race or combination of

races, or

(b) a person who is of as much as one-half Chinese blood and is not of as much as one-half blood of a race or races ineligible to citizenship.* (Sec. 303. 54 Stat. 1140, 57 Stat. 600; 8 U. S. C. 703) § 350.3 Filipinos. 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 complies with the requirements of section 324 of the Nationality Act of 1940, may be naturalized notwithstanding his race. (Secs. 303 and 324, 54 Stat. 1140, 1149; 8 U. S. C. 703, 724)

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350.4 Race of former citizens of the United States. former citizen of the United States, who complies with the requirements of section 317 of the Nationality Act of 1940, may be naturalized notwithstanding his race.* (Secs. 303, 317, 54 Stat. 1140, 1146; 8 U. S. C. 703, 717)

*For statutory citation, see note to § 350.1.

350.5 Racial eligibility not required in certain classes of naturalization cases. A child may acquire citizenship under section 313 or 314 of the Nationality Act of 1940 notwithstanding his race. A person may acquire citizenship under section 701 or 702 of the Nationality Act of 1940 notwithstanding his race.* (Secs. 313, 314, 701, 702, 54 Stat. 1145, 56 Stat. 182; 8 U. S. C. 713, 714, 1101, 1102)

For statutory citation, see note to § 350.1.

Part 352-ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION AND FAVORABLE DISPOSITION TOWARD THE GOOD ORDER AND HAPPINESS OF THE UNITED STATES

Sec.

352.1

Attachment to Constitution
and disposition toward
United States.

352.2 Investigation as to attach-
ment and attitude.

352.3 Favorable attitude toward

government of petitioner for
naturalization for ten years.

Sec. 352.4

Deserters from the military or naval service of the United States or avoiders of the draft into such military or naval service; ineligible to become citizens of the United States.

§ 352.1 Attachment to Constitution and disposition toward United States. No person shall acquire United States citizenship under the provisions of Chapter III of the Nationality Act of 1940 (except a person subject to the provisions of sections 313, 314, 317 (b), 322, or 323 thereof) unless such person shall have proved his 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 such period or periods as may be required in his particular case, and in the manner provided by Part 373.* (Nationality Act of 1940, secs, 307 (a), 309 (a), (b), (c), and 327 (b), 54 Stat 1142, 1143, 1144, 1151)

*§§ 352.1 to 352.4, 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. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

352.2 Investigation as to attachment and attitude. The appropriate naturalization officer of the Service, before recommending any petitioner favorably to the court, shall satisfy himself that the petitioner has a fair knowledge of the fundamental principles of the Constitution of the United States, that he is, and has been during the required period or periods, attached thereto, and that it is his intention to assume the duties and responsibilities of citizenship of the United States. The action of such officer at any hearing upon the petition shall be based upon the testimony of the petitioner and his witnesses; the attitude, behavior, and conduct of the petitioner over the required period or periods; the naturalization officer's examination as prescribed by § 356.3, and his independent investigation, and such other evidence as may be available.* (Nationality Act of 1940, secs. 307 (a), 309 (a), (b), (c), and 327 (b), 54 Stat. 1142, 1143, 1144, 1151)

352.3 Favorable attitude toward government of petitioner for naturalization for ten years. No person (except a person subject to the provisions of sections 313, 314, 317 (b), 322, or 323 of the Nationality Act of 1940) may be naturalized who is found

*For statutory citation, see note to § 352.1.

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to be, or, at any time within the period of ten years, immediately preceding the filing of his petition for naturalization, to have been, within any of the classes of persons described in section 305 of said Act. The appropriate naturalization officer of the Service, before recommending any petitioner favorably to the court, shall make a general inquiry to determine whether there is any evidence that the petitioner belongs to any of the classes described in section 305 of the said Act. If there is such evidence, the burden shall be upon the petitioner to refute it and to show that he is qualified for naturalization under the Nationality Act of 1940.* (Nationality Act of 1940, secs. 301 (d) and 305, 54 Stat. 1140, 1141)

352.4 Deserters from the military or naval service of the United States or avoiders of the draft into such military or naval service; ineligible to become citizens of the United States. If there is reason to believe that a petitioner for naturalization, at any time during which the United States has been or may be at war, deserted the military or naval forces of the United States, or, being duly enrolled, departed from the jurisdiction of the district in which enrolled or went beyond the limits of the United States with intent to avoid any lawfully ordered draft into the military or naval service of the United States, inquiry shall be made by the field office of the appropriate authorities to determine the facts, and action upon the petition shall be based thereon. If it appears that the petitioner has been convicted of any such offense by court martial, a motion for the denial with prejudice of the petition for naturalization shall be made.* (Nationality Act of 1940, sec. 306, 54 Stat. 1141)

*For statutory citation, see note to § 352.1.

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§ 353.1 Good moral character. No person shall acquire United States citizenship under the provisions of Chapter III of the Nationality Act of 1940 (except a person subject to the provisions of section 313, 314, 317 (b), 322, or 323 thereof) unless such person shall have proved his good moral character for such period or periods as may be required in his particular case, and in the manner provided by Part 373.* (Nationality Act of 1940, secs. 307 (a), 309 (a) (b) (c), and 327 (b), 54 Stat. 1142, 1143, 1144, 1151)

88353.1 to 353.3, 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. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

353.2 Basis for determination of good moral character. The appropriate naturalization officer of the Service, before recommending any petitioner for naturalization favorably to the court, shall satisfy himself that the petitioner is, and has been during the required period or periods, a person of good moral character. The action of such officer at any hearing upon the petition shall be based upon the testimony of the petitioner and his witnesses; the attitude, behavior, and conduct of the petitioner over the required period or periods; the naturalization officer's independent investigation, and such other evidence as may be available.* (Nationality Act of 1940, secs. 307 (a), 309 (a) (b) (c), and 327 (b), 54 Stat. 1142, 1143, 1144, 1151)

353.3 Period during which good moral character must be established. The investigation of the petitioner's attitude, behavior, and conduct shall be extended beyond the period or periods prescribed by the Nationality Act of 1940 if there is reason to believe that such investigation is necessary to a proper determination of the case. The results of the investigation shall be reported by the naturalization officer to the appropriate naturalization court. (Nationality Act of 1940, secs. 307 (a), 309 (a) (b) (c), and 327 (b), 54 Stat. 1142, 1143, 1144, 1151)

*

*For statutory citation, see note to § 353.1.

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