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(c) Effect of absence of one year or more. Where there has been an absence from the United States for a continuous period of one year or more, during the periods for which continuous residence is required, an objection shall be made to the granting of the petition, unless the applicable requirements of 88 354.3, 354.5, or § 354.6 have been fully met.

(d) When objection overruled; procedure. If an objection made under this section is overruled, the neccessary action shall be taken to preserve the Government's right of review, and the facts reported immediately to the Central Office.* (Nationality Act of 1940, sec. 307 (b) (c), 54 Stat. 1142)

354.3 Residence; when not affected by absence on or after January 13, 1941. No period of absence from the United States on or after January 13, 1941, and during the period for which continuous residence in the United States is required by the naturalization laws, shall break the continuity of such residence if prior to the beginning of such absence from the United States, the alien

(a) had resided in the United States for a period of at least one year and had filed a declaration of intention during such period, or was entitled to file a petition for naturalization without a declaration of intention;

(b) was thereafter employed by, or had entered into a contract with, the Government of the United States, or an American institution of research recognized as such by the Attorney General or was employed by an American firm or corporation engaged in whole or in part in the development of the foreign trade and commerce of the United States, or a subsidiary thereof, or whose residence abroad was necessary for the protection of the property rights in such countries of such firm or corporation or subsidiary;

(c) had established to the satisfaction of the Attorney Gen. eral, in the manner prescribed by $ 354.8 of this part, prior to the beginning of such absence, or the procurement of such employ: ment or contract if then temporarily absent from the United States, that such employment or contract or representation was of the nature described in subsection (b) of this section, and that his absence from the United States was in connection with one or more of the activities described therein; and

(d) shall prove, at the final hearing upon his petition for naturalization, to the satisfaction of the court, that his absence from the United States during such period was solely for such purpose or purposes.

For the purposes of subsection (a) of this section, the period of the alien's residence must have followed a lawful entry to the United States for permanent residence and the place of his gen, eral abode shall be deemed his place of residence Physical absence from the United States of a purely temporary nature during such period of time on the part of the alien shall not be deemed to break the continuity of residence.* (Nationality Act of 1940, secs. 104 and 307 (a) (b), 54 Stat. 1138, 1942)

354.4 Residence; when not affected by absence on or after June 29, 1938, and prior to January 13, 1941. No absence from

• For statutory citation, see note to $ 354.1

the United States on or after June 29, 1938, and prior to January 13, 1941, shall be held to have broken the continuity of residence in the United States of an alien who has been lawfully admitted to the United States for permanent residence, has thereafter resided in the United States for at least one year, and who has during such period made a declaration of intention, or was entitled to file a petition for naturalization without a declaration of intention, and who has met all of the other requirements set forth in § 354.3, except that any application for the benefits of previous laws relating to exemptions from the usual effect of an absence for more than one year, which may have been made and acted upon by the Secretary of Labor prior to June 14, 1940, shall be considered valid under the Nationality Act of 1940. (Joint Resolution of June 29, 1938, 52 Stat. 1247; 8 U. S. C. 382; Nationality Act of 1940, sec. 347, 54 Stat. 1168)

354.5' Residence; when not affected by absence after June 25, 1936, and prior to June 29, 1938. No period of absence out. side the United States after June 25, 1936, and prior to June 29, 1938, shall be held to have broken the continuity of residence in the United States required by the naturalization laws, if the alien

(a) had previously made a declaration of intention (if such declaration was necessary for the filing of a valid petition for naturalization); and

(b) prior to the beginning of such absence, or before the procurement of the employment or contract which made the absence necessary, had established to the satisfaction of the Secretary of Labor that such absence was to be for one or more of the purposes described in $ 354.3; and

(c) establishes to the satisfaction of the court at the final hear. ing upon his petition for naturalization that his absence from the United States was for the purpose which was established to the satisfaction of the Secretary of Labor.

No objection shall be made to naturalization in the case of any person who was absent from the United States on June 25, 1936, and who may at any time thereafter have submitted a complete and proper application to the Secretary of Labor for the benefits of section 1 of the Act of June 25, 1936, which may have been subsequently acted upon favorably by the Secretary of Labor. * (Act of June 25, 1936, sec. 1, 49 Stat. 1925; 8 U. S. c. 382; Nationality Act of 1940, sec. 347, 54 Stat. 1168)

354.6 Residence; when not affected by absence prior to June 25, 1936. No period of absence from the United States during the five years immediately preceding June 25, 1936, shall be held to have broken the continuity of residence required for naturalization purposes if the alien had proved to the satisfaction of the Secretary of Labor prior to June 14, 1940, or, subsequently thereto and prior to the final hearing upon his petition for naturalization, may have proved or may prove to the satisfaction of the Attorney General in the manner prescribed by $ 354.8, and also at the final hearing upon his petition proves to the court, that during such period of absence he was under employment by, or contract with, either the United States Government, or such American institution of research as was recognized by the Secretary of Labor or may have been so recognized since by the Attorney General, or an American firm or corporation as described in 88 354.3 and 354.5, and that his absence was necessary in connection with any of the activities described therein.* (Act of June 25, 1936, 49 Stat. 1925; 8 U.S. C. 382 (a); Nationality Act of 1940, sec. 307 (c), 54 Stat. 1142)

*For statutory citation, see note to $ 354.1

354.7 Absence of clergyman or nun; no effect upon residence if absence temporary in nature. No absence at any time by a clergyman or nun, theretofore lawfully admitted into the United States for permanent residence, shall be regarded as interrupting the residence in the United States required by the naturalization laws, provided such absence was for a temporary period and solely in his or her capacity as a regular ordained clergyman or nun of an established church or religious faith, if such person establishes to the satisfaction of the Attorney General, in the man ner described by $ 354.8, either before or after such absence, and to the satisfaction of the court at the final hearing upon the petition for naturalization, that the requirements of this section have been fully met and that he or she has in all other respects fully complied with all applicable provisions of the naturalization laws. Nationality Act of 1940, sec. 308, 54 Stat. 1143)

354.8 Absence; application for approval if for one year or more. Applications for the benefits of 88 354.3, 354.6, and 354.7 shall be submitted to the Immigration and Naturalization Service, Washington, D. C., in duplicate, on Form N-470. A copy of the decision upon the application shall be filed in the naturalization court with the alien's petition for naturalization as a part of the record in the naturalization proceedings.* (Nationality Act of 1940, sec. 307 (b) (c), 54 Stat. 1142)

*For statutory citation, see note to $ 354.1.

Part 356—EDUCATIONAL REQUIREMENTS AND

EDUCATION FOR CITIZENSHIP Sec.

Sec. 856.1 Signing of petition for natu- 356.5 Sending names of candidates ralization by petitioner.

for naturalization to the 356.2 Petitioner's ability to speak

public schools. English.

356.6 Federal citizenship textbooks, 856.3 Educational examination of 356.7 Public-school certificate as petitioners for naturaliza

evidence of petitioner's tion.

educational progress. 356.4 Public-school instruction and 356.8 Cooperation with official Natraining in citizenship re

tional and State organizasponsibilities of applicants

tions. for naturalization. 8 356.1 Signing of petition for naturalization by petitioner. Every petition for naturalization shall be signed by the petitioner in his own handwriting, if he is physically able to write. (Nationality Act of 1940, sec. 332 (a), 54 Stat. 1154)

* $8 356.1 to 356.8, 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.

356.2 Petitioner's ability to speak English. Every petitioner applying for naturalization in his own behalf (except a petitioner who is physically unable to speak or a petitioner under section 317 (b) or 323 of the Nationality Act of 1940) shall, before being naturalized, demonstrate his ability to speak the English language by carrying on understandingly an ordinary conversation in Eng. lish.* (Nationality Act of 1910, sec. 304, 54 Stat. 1140)

356.3 Educational examination of petitioners for naturalization. The examination of each petitioner for naturalization shall include an educational examination. The purpose of the educational examination shall be to determine whether the petitioner has a fair knowledge of the fundamental principles of the Constitution and is qualified to assume the duties and responsibilities of a citizen of the United States. To this end the petitioner may be questioned as to (1) the principal historical facts concerning the development of the United States as a republic, (2) the organization and principal functions of the Government of the United States, and of the States and local units of government, and (3) the relation of the individual in the United States to government–National, State, and local, the rights and privileges growing from that relationship, and the duties and responsibilities which result from it. Every care shall be exercised to avoid abstruse, technical, irrelevant, and extreme questions. The language level of the questions shall be suited to the particular petitioner, having regard to his educational background and the extent of his knowledge of the English language. (Nationality Act of 1940, secs. 327 (b) (c), and 335, 54 Stat. 1151, 1157)

356.4 Public-school instruction and training in citizenship responsibilities of applicants for naturalization. The Central *For statutory citation, see note to 8 356.1,

Office and the field shall cooperate in the establishment and maintenance of classes within or under the supervision of the public schools for the preparation of naturalization applicants for their citizenship duties and responsibilities. Field officers, including naturalization examiners, shall visit such classes when practicable. Should applicants for naturalization who desire such preparation live in remote localities where the establishment of a class is impracticable, field officers shall communicate with the appropriate representative of the public schools in the applicants' vicinity for the purpose of making other suitable arrangements, if possible, for their instruction. (Nationality Act of 1940, secs. 327 (b) (c) and 344, 54 Stat. 1151, 1163)

356.5 Sending names of candidates for naturalization to the public schools. Arrangements shall be made with the public schools by which the names and addresses of applicants for naturalization will be made available to such schools for the purpose of interesting applicants in attending public-school classes in preparation for citizenship duties and responsibilities. It shall be made clear to applicants for naturalization and to the public schools that such attendance is voluntary. At the same time applicants shall be informed that if they are in need of instruction for their educational examination in preparation for citizenship, the public schools offer an excellent opportunity to obtain it.* (Nationality Act of 1940, Sec. 327 (b), 54 Stat. 1151)

356.6 Federal citizenship textbooks. Citizenship textbooks, for the free use of applicants for naturalization receiving instruction in or under the supervision of the public schools in preparation for citizenship, shall be prepared and distributed by the Service to the appropriate representatives of the public schools upon their signed requisitions therefor.* (Nationality Act of 1940, secs. 327 (c) and 344, 54 Stat. 1151, 1163)

356.7 Public-school certificate as evidence of petitioner's educational progress. Public school certificates, attesting the attendance and progress records of petitioners for naturalization in citizenship classes, shall be given weight by naturalization officers in determining the educational standing of such petitioners, dependent upon satisfaction of the district director, and the naturalization courts with the courses of instruction, teaching, and examinations of the public schools issuing such certificates. instance, however, shall such certificates be accepted as a total waiver of the educational examination.* (Nationality Act of 1940, sec. 327 (b) (c), 54 Stat. 1151)

356.8 Cooperation with official National and State organizations. The Central Office and the Field Service shall take steps to obtain the aid of and to cooperate with official National and State organizations in the Service's program of education of applicants for naturalization for their citizenship duties and responsibilities. Similar action shall be taken in relation to duly accredited unofficial educational, social service, welfare, and other organizations having as one of their objects the adequate preparation of applicants for naturalization for their citizenship duties and responsibilities.* (Nationality Act of 1940, sec. 327 (c), 54 Stat: 1151)

* For statutory citation, see note to $ 356.1.

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