§ 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)

* 88 356.1 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 English.* (Nationality Act of 1940, 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 § 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. In no 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.

Part 360-CLERKS OF NATURALIZATION COURTS AND THEIR DUTIES

Sec.

360.1 Receiving and filing declara

tions of intention and pe titions for naturalization. 360.2 Issuance of subpenas. 360.3 Monthly reports; copies of records; when and to whom sent.

360.4 Disposition to be made of clerk's report and accounting.

Sec. 360.5

Division of the year for ac counting for naturalization fees.

360.6 Fees in United States courts; remittance.

360.7 Fees in other than United States courts; remittance. 360.8 Time for report of and accounting for fees collected. 360.9 Report of and accounting for void papers.

§ 360.1 Receiving and filing declarations of intention and petitions for naturalization. It shall be the duty of every clerk of a naturalization court to administer the required oath to each applicant for a declaration of intention, and such oath shall be administered only in the office of the clerk of court. The clerk of court shall receive and file petitions for naturalization and administer, in his own office only, the required oaths to each petitioner and the witnesses to each petition, unless such petitioner and witnesses have sworn to the petition before a designated examiner.* (Nationality Act of 1940, secs. 331, 332 (a), and 337 (a), 54 Stat. 1153, 1154, and 1158)

*$$ 360.1 to 360.9, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 C. F. R. 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

360.2 Issuance of subpenas. Clerks of courts shall issue subpenas for attendance of witnesses at final naturalization hearings, if demand is made by the petitioner at the time the petition is filed, provided the petitioner deposits with the clerk of court a sum of money sufficient to cover the cost of the subpenas and the legal fees of such witnesses.* (Nationality Act of 1940, secs. 309 (d) and 342 (j), 54 Stat. 1144, 1162)

360.3 Monthly reports; copies of records; when and to whom sent. Unless otherwise directed by proper authority, clerks of courts shall, except as hereinafter stated in this section, on the first day of each month, forward to the appropriate district director or divisional director, all duplicates of declaration of intention and all duplicates and triplicates of petitions for naturalization filed during the preceding month, together with a report on Form N-4, in duplicate, showing the serial numbers of such declarations and petitions so filed, the names and sex of the petitioners, and the approximate dates for final hearing. When at any time during the month the number of declarations and petitions filed reaches 100 in the aggregate, the clerk shall, on request of the

*For statutory citation, see note to § 360.1.

district director or divisional director, forthwith forward such duplicates and report as herein provided. Clerks of courts shall also include on Form N-4 a list of the inclusive numbers of all certificates of naturalization issued during the preceding month, and the duplicates of such certificates, with their stubs intact and with the Alien Registration Receipt Cards to which reference is made in § 377.3, shall be forwarded to the appropriate district director or divisional director.* (Nationality Act of 1940, sec. 837 (a) (b) (c), 54 Stat. 1158)

360.4 Disposition to be made of clerk's report and accounting. Upon receipt, by the field officer concerned, of the monthly reports upon Form N-4 and the accompanying papers, said forms shall be stamped so as to show the date of receipt. Such papers shall be examined in all cases at the local field office of the Service and appropriate action taken and record made therefrom. Thereafter they shall be transmitted to the Central Office accompanied by the original report on Form N-4. The duplicate report on Form N-4 and the triplicate copy of the petition shall be retained by the field office. If it be necessary for the field officer to return a duplicate naturalization paper to the clerk of court for correction a carbon of the letter to the clerk returning such paper shall be sent with the other papers, if there be any, to the Central Office for its information. The other duplicate papers shall not be held awaiting the return of the corrected papers from the clerk of court, but shall be forwarded to the Central Office immediately after all records have been made. The corrected paper bearing the "received" stamp of the field office, as of the subsequent date of receipt, shall be forwarded to the Central Office when received from the clerk of court. The duplicates and report herein referred to shall be sent by registered mail and plainly marked "Official Business." * (Nationality Act of 1940, secs. 337 and 343, 54 Stat. 1158, 1163)

360.5 Division of the year for accounting for naturalization fees. For the purpose of accounting for and reporting naturalization fees quarterly by clerks of courts, the fiscal year shall end on June 30 of any given calendar year and shall be divided as follows: First quarter ends September 30; second quarter ends December 31; third quarter ends March 31; and fourth quarter ends June 30.* (Nationality Act of 1940, sec. 342, 54 Stat. 1161) 360.6 Fees in United States courts; remittance. All naturalization fees collected by clerks of United States district courts (except in Alaska and the District Court of the Virgin Islands of the United States) and the clerk of the District Court of the United States for the District of Columbia, shall be forwarded quarterly by a remittance payable to the order of the "Commissioner of Immigration and Naturalization, Washington, D. C.”* (Sec. 25, 49 Stat. 1813, 48 U. S. C. 1405x: Nationality Act of 1940, sec. 342 (c) (d) (e), 54 Stat. 1162)

360.7 Fees in other than United States courts; remittance. One-half of all naturalization fees collected by clerks of courts other than those described in § 360.6 (including United States district courts in Alaska but excluding the District Court of the Virgin

*For statutory citation, see note to § 3C0.1.

Islands of the United States), up to $6,000 in any one fiscal year, shall be similarly remitted to the Commissioner of Immigration and Naturalization, Washington, D. C. Where the collections during the first quarter of any fiscal year equal or exceed $1,500, the clerk shall remit all in excess of $750; and where such collections for the first and second quarters equal or exceed $3,000, the clerk shall remit all in excess of $1,500; and where the collections for the first three quarters of the fiscal year equal or exceed $4,500, the clerk shall remit all in excess of $2,250; and in any case where the total collections for any fiscal year equal or exceed $6,000, the clerk shall remit all fees or moneys so collected in excess of $3,000. All naturalization fees collected by the clerk of the District Court of the Virgin Islands of the United States shall be paid into the Treasury of the Virgin Islands in accordance with the provisions of the Organic Act of the Virgin Islands.* (Sec. 35, 49 Stat. 1816; 48 U. S. C. 1406h; Nationality Act of 1940, sec. 342 (c) (d) (e), 54 Stat. 1162)

360.8 Time for report of and accounting for fees collected. The accounting for naturalization fees collected and the payment of fees over to the Commissioner of Immigration and Naturalization as provided in §§ 360.6 and 360.7, shall be made within thirty days from the close of each quarter of each and every fiscal year. (Nationality Act of 1940, secs. 327 (b) and 342 (e), 54 Stat. 1151, 1162)

360.9 Report of and accounting for void papers. Clerks of courts in their "Monthly Report" on Form N-4 and "Abstract of Collections" on Form N-7, shall separately list void declarations, petitions, or certificates, according to the number assigned to them, and indicate by appropriate notation that same are "void." (Nationality Act of 1940, secs. 337 and 342, 54 Stat. 1158, 1161)

*For statutory citation, see note to § 360.1.