Sec. Part 361-OFFICIAL FORMS 361.1 Official forms essential to exercise of jurisdiction. 361.2 Official forms; by whom supplied; to be used exclusively. 361.3 Official forms prescribed for 361.4 Initial application for official 361.6 Amendment of form for dec- 361.7 Amendment of form for peti- Sec. (b) Exemption from declaration of intention and certificate of arrival. (c) Exemption from resi- 361.8 Discrepancies, corrections, or (b) Certificate of natural- § 361.1 Official forms essential to exercise of jurisdiction. Before exercising jurisdiction in naturalization proceedings, a competent court may cause the clerk of such court to obtain from the Immigration and Naturalization Service, in accordance with section 301 (c) of the Nationality Act of 1940, the proper blanks, records, order books, and supplies necessary in naturalization proceedings. Such jurisdiction may not be exercised until such official forms, records, and order books have been supplied to such court. Where sessions of the court are held at different places, the judge of such court may require the clerk to obtain a separate supply of official forms, records, and order books for each such place. (Nationality Act of 1940, sec. 301 (c), 54 Stat 1140) §§ 361.1 to 361.9, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. 361.2 Official forms; by whom supplied; to be used exclusively. Official forms, records, and order books shall be supplied by the Immigration and Naturalization Service exclusively, and only such forms, records, and order books shall be used in naturalization and citizenship proceedings.* (Nationality Act of 1940, sec. 327 (d), 54 Stat. 1151) 361.3 Official forms prescribed for use of clerks of naturalization courts. The following forms only shall be used by clerks of courts having naturalization jurisdiction, in the exercise of such jurisdiction, to wit: * For statutory citation, see note to § 360.1. Title and description Notice of Intention to Substitute Wit nesses. Affidavit of Witnesses (detached). Application for the Benefits of Section Order of Court Denying Petitions (loose-leaf). Certificate of Naturalization. Application for New Naturalization Application for a New Certificate Application for Special Certificate of Application for Certification of (1) a Cer- (Nationality Act of 1940, secs. 327 (b) (d), 331, 332, and 336, 54 Stat. 1151, 1153, 1154, 1157) 361.4 Initial application for official forms. The necessary official blanks, records, and order books will be furnished by the Immigration and Naturalization Service to any court having jurisdiction in naturalization proceedings upon the written application of the clerk of such court. Where the initial application for such supplies is made by a State court of record, it shall be accompanied by a certificate of the Attorney General of the State, certifying that said court is a court of record, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited.* (Nationality Act of 1940, secs. 301 (a) (c) and 327 (d), 54 Stat. 1140, 1151) 361.5 Subsequent application for official forms. Included with the initial supply of official forms, records, and order books furnished to the various courts by the Immigration and Naturalization Service shall be Form N-3, entitled "Requisition for Naturalization Forms," and thereafter said form shall be used by clerks of courts in making requisition for blanks, records, and order books for use in naturalization proceedings in their respective courts.* (Nationality Act of 1940, secs. 301 (c) and 3827 (d), 54 Stat. 1140, 1151) 361.6 Amendment of form for declaration of intention. The official form for declaration of intention shall be altered by the clerk of court, where the declaration of intention is executed by an applicant who is not required by law to obtain a certificate of arrival, by striking out the following language immediately after the jurat: "that Certification No. from the Commissioner of Immigration and Naturalization, showing the lawful entry for permanent residence of the declarant above named on the date * For statutory citation, see note to § 361.1. stated in this declaration of intention, has been received by me, and" (Nationality Act of 1940, sec. 331, 54 Stat. 1153) * 361.7 Amendment of form for petition for naturalization. The official form for petition for naturalization shall be altered by the clerk of court as follows: (a) Exemption from declaration of intention. Where a declaration of intention is not required to be filed with the clerk of court at the filing of the petition for naturalization and the petition form contains blank spaces for data relative to a declaration of intention, by striking out all of allegation 13, and in the certification following the jurat, by striking out "together with Declaration of Intention No. of such petitioner,". (Nationality Act of 1940, secs. 310, 311, 312, 315, 316, 319, and 320, 54 Stat. 1144, 1145, 1146, 1148) (b) Exemption from declaration of intention and certificate of arrival. Where neither a declaration of intention nor a certificate of arrival is required to be filed with the clerk of court at the time of filing of the petition, by striking out the following: All of allegation 11, all of allegation 13 if the petition for naturalization contains blank spaces for data relative to a declaration of intention, and in allegation 20 the words "my declaration of intention to become a citizen of the United States (if such declaration of intention be required by the naturalization law), a certificate of arrival from the Immigration and Naturalization Service of my said lawful entry into the United States for permanent residence (if such certificate of arrival be required by the naturalization law), and"; and the entire certification following the jurat. (Nationality Act of 1940, secs. 317, 318, 323, 324, and 325, 54 Stat. 1146, 1147, 1149, 1150) (c) Exemption from residence in the United States and State. Where residence in the United States and State for any specified period or proof thereof is not required, in allegation 18 by striking out the words "for the term of five years at least immediately preceding the date of this petition, to wit," and the words "and continuously in the State in which this petition is made for the term of six months at least immediately preceding the date of this petition, to wit, since".* (Nationality Act of 1940, secs. 317, 318, 324, and 325, 54 Stat. 1146, 1147, 1149, 1150) 361.8 Discrepancies, corrections, or amendments in declarations of intention or petitions for naturalization. Any material discrepancies in a declaration of intention or proposed amendments to a petition for naturalization shall be brought formally to the attention of the court for appropriate action at the final hearing upon the petition for naturalization. Except as authorized by 88 361.6 and 361.7, no requests or suggestions to clerks of courts to make corrections in a declaration of intention or petition for naturalization shall be made by any member of the Immigration and Naturalization Service. When the court orders a petition for naturalization, or the declaration of intention filed with and made a part of such petition, amended at a final hearing, the amendatory order shall be prepared in triplicate, and the original of such order filed with the original petition, and the duplicate *For statutory citation, see note to § 361.1. 568700-4448 and triplicate copies transmitted to the appropriate district or divisional director, who shall forward the duplicate order to the Central Office.* (Nationality Act of 1940, secs. 331, 332, and 334 (d), 54 Stat. 1153-1156, 1157; 8 U. S. C. 731, 732, 734) 361.9 Amendment of petition for naturalization or certificate of naturalization after final action by the court-(a) Petition for naturalization. Where an application is made to the naturalization court for amendment of a petition for naturalization, after the petition for naturalization has been granted, the facts shall be reported to the Central Office, with appropriate recommendation, for consideration and instruction as to the position to be taken by the Service when such application comes before the court for disposition. In the absence of instructions from the Central Office, the representative of the Service shall oppose all applications to any court for such amendments which affect either the jurisdiction of the court or the judgment of naturalization. No objection shall be made to a proposed amendment to a petition for naturalization to correct a clerical mistake or an error therein arising from an oversight or omission on the part of the clerk of court or the Service. The Service shall be governed by the rules of the court in which the petition for naturalization was filed in determining whether the petition to amend the petition for naturalization is timely. (b) Certificate of naturalization. Objection shall be made to the alteration of a certificate of naturalization which would cause it to vary from the record on which the naturalization was granted.* (Rules 6 (c) and 60 (a), Federal Rules of Civil Procedure which are set forth following 28 U. S. C. A. 723c; Nationality Act of 1940, secs. 331, 332, and 336, 54 Stat. 1153–1156, 1157; 8 U.S. C. 731, 732, 736) * For statutory citation, see note to § 361.1. |