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to call upon the postmaster for the certificate. The postmaster shall be requested to sign the certificate and to have the applicant sign the certificate in his presence, obtain a receipt there for on Form N-140 (Receipt for Certificate of Lawful Entry) and forward it to the appropriate officer.*

362.13 Replacement of certificate lost, mutilated, or destroyed. If a Certificate of Lawful Entry issued to an alien is lost, badly mutilated, or destroyed, application for a duplicate shall be made in affidavit form, accompanied by three photographs of the applicant of the size and type prescribed in § 364.1. The application shall be made to the Central Office through the immigration and naturalization office located nearest to the applicant's place of residence. The application, which shall be executed in duplicate, shall recite the circumstances of the loss or destruction of the certificate. If replacement is being sought because of mutilation of the original certificate, the latter must be forwarded with the application. The officer receiving the application shall forward the original thereof and accompanying photographs, together with appropriate recommendation, to the district director for transmission to the Central Office. Upon delivery of the duplicate certificate, the applicant shall be instructed that if the original certificate alleged to have been lost or destroyed is later found, it must be delivered to an immigration and naturalization officer for transmission to the Central Office.* (Nationality Act of 1940, sec. 328 (b) (c), 54 Stat. 1152)

362.14 Virgin Islands; fees; manner of report; deposit. Notwithstanding any other provisions of this Part, money orders for fees paid in registry proceedings by aliens residing in the Virgin Islands of the United States shall be made payable to the "Commissioner of Finance of the Virgin Islands." The officer in charge of immigration and naturalization matters in the Virgin Islands shall deposit such fees in a special account with the Commissioner of Finance of the Virgin Islands and shall obtain a certificate for each deposit which shall identify the money order by kind, remitter, date, place of issuance, and amount. He shall modify Form N-115 to show that the money order has been deposited as required by this section and shall attach to the form before transmitting it to the Central Office the certificate of deposit from the Commissioner of Finance of the Virgin Islands. If the application for registry is granted and a Certificate of Lawful Entry issued, the Commissioner of Finance of the Virgin Islands shall be informed and shall be authorized to transfer the fee in such case from the special account into the treasury of the Virgin Islands as revenue. If the application for registry is denied, the Commissioner of Finance of the Virgin Islands shall be so informed.* (Sec. 35, Act of June 22, 1936, 48 U. S. C. 1406h) *For statutory citation, see note to § 362.1.

Sec.

Part 363-CERTIFICATE OF ARRIVAL

363.1 Official form of certificate of arrival; contents; by whom issued.

363.2 When necessary in order to make declaration of intention.

363.3 Certificate of arrival to be filed with petition for naturalization.

Sec.
363.4

Petitioners who are exempt from requirement of certificate of arrival.

363.5 Establishment of applicant's claim to exemption from certificate of arrival.

363.6 Applicant without record of lawful admission for permanent residence.

§ 363.1 Official form of certificate of arrival; contents; by whom issued. The certificate of arrival required by the Nationality Act of 1940 shall be issued only by the Immigration and Naturalization Service, and shall show the date, place, and manner of arrival and whether lawful entry for permanent residence was made, as shown by the record of arrival. Such certificates of arrival shall be issued only on Form N-210, N-215, N-220, N-225, or N-230, whichever is applicable.* (Nationality Act of 1940, sec. 329, 54 Stat. 1152)

§§ 363.1 to 363.6 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.

363.2 When necessary in order to make declaration of intention. A person who arrived in the United States after June 29, 1906, cannot file a valid declaration of intention until a certificate of arrival has been issued in accordance with § 363.1. A person who alleges and establishes that he entered the United States on or prior to June 29, 1906, and has since continued to reside therein, may file a declaration of intention without the issuance of a certificate of arrival.* (Nationality Act of 1940, sec. 329 (b), 54 Stat. 1152)

363.3 Certificate of arrival to be filed with petition for naturalization. Each petitioner for naturalization who entered the United States after June 29, 1906, shall, unless specifically exempted by the Nationality Act of 1940 from the requirement of a certificate of arrival, file with his petition for naturalization a certificate of arrival issued in accordance with § 363.1. Such certificate of arrival shall be filed with the petition for naturalization at the time the petition is filed. The certificate of arrival issued to support a declaration of intention in accordance with § 363.2, may be used in support of the petition for naturalization.* (Nationality Act of 1940, sec. 332 (c), 54 Stat. 1156)

363.4 Petitioners who are exempt from requirement of certificate of arrival. The following persons may file petitions for naturalization without the issuance of a certificate of arrival: (a) persons who entered the United States for permanent residence on *For statutory citation, see note to § 363.1.

or prior to June 29, 1906; and (b) petitioners under sections 317 (a) (b) (c), 318, 322, 323, 324, and 325 of the Nationality Act of 1940. (Nationality Act of 1940, secs. 317 (a) (b) (c), 318, 322, 323, 324, 325, and 332 (c), 54 Stat. 1146, 1147, 1148-1150, 1156)

363.5 Establishment of applicant's claim to exemption from certificate of arrival. If an applicant claims exemption from procuring a certificate of arrival, a thorough investigation shall be conducted to establish the validity of the claim. The clerk of court shall defer the execution of a declaration of intention or petition for naturalization by such an applicant until he has been advised by the proper representative of the Service that such paper may be filed.* (Nationality Act of 1940, sec. 329, 54 Stat. 1152)

363.6 Applicant without record of lawful admission for permanent residence. Where an applicant for a declaration of intention or a petition for naturalization alleges entry into the United States after June 29, 1906, and prior to July 1, 1924, and no record of his lawful entry for permanent residence can be found, he shall be advised to apply for registry in accordance with the provisions of Part 362. (Nationality Act of 1940, sec. 328 (b), 54 Stat. 1152)

* For statutory citation, see note to § 363.1.

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§ 364.1 Description of required photographs. Every applicant required under this subchapter to furnish photographs of himself, shall furnish three such photographs 2 by 2 inches in size, which shall be unmounted, printed on a thin paper, have a light background, clearly show a full front view of the features of the applicant (with head bare, unless the applicant is a member of a religious order wearing a headdress), with the distance from the top of the head to point of chin approximately 114 inches, and which shall have been taken within 30 days of the date they are furnished. The applicant, except in the case of a child or other person physically incapable of signing his name, shall sign each copy of the photograph with his full true name in such manner as not to obscure the features. The signature shall be by mark if the applicant is unable to write. Snapshot, group, or full-length portraits will not be accepted.* (Nationality Act of 1940, sec. 330, 54 Stat. 1152)

*§§ 364.1 to 364.3, 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.

364.2 Naturalization and citizenship papers requiring photographs; manner of attachment. Each duplicate and triplicate declaration of intention and original and duplicate certificate of naturalization issued by any clerk of court shall have securely and permanently attached thereto one copy of the applicant's signed photograph. Each copy of a declaration of intention, certificate of naturalization, certificate of derivative citizenship, special certificate, and certificate in a new name issued by the Central Office shall also have securely and permanently attached thereto a signed photograph of the applicant. In each case in which a seal is affixed to a naturalization or citizenship paper containing a photograph of the applicant, the imprint of a part of the seal shall be affixed so as to extend over the lower portion of the photograph in such manner as not to obscure the features of the applicant. The third print of the photograph will be retained by the field office of the Service in its appropriate file.* (Nationality Act of 1940, sec. 330, 54 Stat. 1152)

364.3 Establishment of welfare photographic studios. District directors shall, after investigation, make reports and recom

*For statutory citation, see note to § 364.1.

mendations to the Commissioner concerning the desirability of the establishment and operation by welfare organizations without profit of photographic studios, solely for the benefit of aliens seeking naturalization. Quarters for such purpose must be in a building occupied by the Service, and be conducted under the supervision of the Commissioner of Immigration and Naturalization. Such welfare organizations shall have the confidence of the district director and shall submit an annual accounting to the Commissioner of the conduct of such studio. (Nationality Act of 1940, sec. 327 (h), 54 Stat. 1151)

*For statutory citation, see note to § 364.1.

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