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Part 352-ATTACHMENT TO THE PRINCIPLES OF THE

CONSTITUTION AND FAVORABLE DISPOSITION TOWARD THE GOOD ORDER AND HAPPINESS OF THE

UNITED STATES Sec.

Sec. 352.1 Attachment to Constitution 352.4 Deserters from the military and dispusition toward

or naval service of the United States.

United States or avoiders 352.2 Investigation as to 'attach

of the draft into such miliment and attitude.

tary or naval service; in352.3 Favorable attitude toward

eligible to become citizens government of petitioner for

of the United States. naturalization for ten years. $ 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)

*88 352.1 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 recommend ing 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)

3523 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 8 352.1.

568700°-44-47

985

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 1910, 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.

Part 353–GOOD MORAL CHARACTER

Sec,

Sec. 353.1 Good moral character.

353.3 Period during which good 353.2 Basis for determination of

moral character must be good moral character.

established. 8 353.1 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)

• 88 353.1 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 8 353.1.

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Part 354_RESIDENCE AND ABSENCE Sec.

Sec. 354.1 Residence; minimum periods 354.4 Residence; when not affected required.

by absence on or after June 354.2 Residence; break of conti

29, 1938, and prior to Jan. nuity, procedure where an

uary 13, 1941. objection is filed.

354.5 Residence; when not affected (a) Effect of absence of

by absence after June 25, not more than six

1936, and prior to June 29, months.

1938. (b) Effect of absence of 354.6 Residence; when not affected more than six

by absence prior to June 25, months but less than

1936. one year.

354.7 Absence of clergyman or pun; (c) Effect of absence of

no effect upon residence ii one year or more.

absence temporary in na(d) When objection over

ture. ruled; procedure. 354.8 Absence; application for ap 354.3 Residence; when not affected

proval if for one year or by absence on or after Jan

uary 13, 1941 $ 354.1 Residence; minimum periods required. The general provisions of the Nationality Act of 1940 require that a petitioner for naturalization must have resided continuously in the United States for at least five years, and in the State where then residing for at least six months, immediately preceding the filing of the petition, and that he must also reside continuously within the United States from the date of filing the petition until the date of his admission to citizenship. For exceptions to the general rule, see Parts 324, 326, 330, 332, 334, 337, 345, 347, and 348. (Nationality Act of 1940, secs. 307 and 309, 54 Stat. 1142, 1143)

88 354.1 to 354.8, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat. 675, 8 U. $. 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.

354.2 Residence; break of continuity, procedure where an objection is filed. (a) Effect of absence of not more than six months. Where a petitioner for naturalization has been absent from the United States not more than six months during the period for which continuous residence is required, no objection shall be made to the granting of the petition upon that ground unless the facts and circumstances indicate a break in the continuity of such residence.

(b) Effect of absence of more than six months but less than one year. Where the absence during the period for which continuous residence is required has been more than six months but less than one year, an objection shall be made unless the evidence satisfactorily overcomes the presumption raised by the statute that the required continuity of residence has been broken.

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