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Part 370_PETITION FOR NATURALIZATION Sec.
Sec. 870.1 Preliminary form; to whom 370.6 Numbering of petitions.
sent; when fee for certifi- 370.7 Indexing of petitions involvcate of arrival to accom
ing change of name. pany.
370.8 Preliminary naturalization 370.2 'Notification to appear and
examinations; facts to be ile petition for naturaliza
ascertained; mander of tion.
conducting and uniform370.3 Petition to be executed before
ity; limitation. and in office of the clerk of 370.9 Material statements of applicourt.
cants and witnesses to be 370.4 Verification of petition for
in writing, under oath. naturalization; proof of 370.10 Review of field investigaresidence, good moral char
tions. acter, and other require
ments. 370.5 Oath of petitioner and wit.
nesses. 8 370.1 Preliminary form; to whom sent; when fee for certificate of arrival to accompany. Each prospective petitioner for naturalization shall be required to fill out properly,
sign, and forward to the appropriate District or Divisional Director of Immigration and Naturalization preliminary application Form N400, accompanied by three photographs of the applicant, as prescribed in Part 364, and the applicant's declaration of intention if one be required. If the entry of the applicant into the United States occurred after June 29, 1906, and a certificate of arrival is required to support a petition for naturalization although a declaration of intention is not required, the application shall be accompanied by the statutory fee of $2.50 in the form of a United States postal money order" payable to the order of the "Commissioner of Immigration and Naturalization, Washington, D. C.”, for the necessary certificate of arrival.* (Nationality Act of 1940, secs. 332 (c) and 342 (b) (2), 54 Stat. 1156, 1161)
* $$ 370.1 to 370.10, 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.
370.2_ Notification to appear and file petition for naturalization. Following the submission of the preliminary Form N-400, as described in § 370.1, the applicant will be notified when and where to appear to file the petition for naturalization.*
370.3 Petition to be executed before and in office of the clerk of court. The petition for naturalization and the duplicate copy thereof shall be executed by the petitioner and his witnesses before the clerk of the court exercising jurisdiction or his authorized deputy, and only in the office of said clerk." (Nationality Act of 1940, sec. 332 (a), 54 Stat. 1154)
*For statutory citation, see note to 8 370.1.
370.4 Verification of petition for naturalization; proof of residence, good moral character, and other requirements. A petitioner for naturalization, except where granted special exemption by law from the usual requirements as to residence, shall, at the time he files his petition, verify it by the affidavits of at least two credible witnesses, citizens of the United States, who shall appear in person and who shall have and aver knowledge of the petitioner at each place of his residence in the State where then residing during the period of at least six months immediately prior to the filing of the petition. If the petitioner has resided at two or more places in the State during such six months' period, and for this reason two witnesses cannot be procured to verify the petition as to all such residence, additional witnesses may be used but their affidavits shall be executed in triplicate on Form N-451, one copy of which affidavit shall be attached to the original petition and the others to the duplicate and triplicate petitions, l'espectively, at the time of filing the petition. Each of the witresses named in this section shall state in his affidavit that he has personally known the petitioner to have been a resident at such place for such period and that the petitioner was, during all such time, a person of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.* (Nationality Act of 1940, secs. 307 and 309 (a), 54 Stat, 1142, 1143)
370.5 Oath of petitioner and witnesses. The petition for naturalization shall be executed under oath or affirmation. The following oath or affirmation shall be administered to the petitioner: "You do swear (affirm) that you know the contents of this petition for naturalization subscribed by you, that the same are true to the best of your own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters you believe them to be true, and that this petition was signed by you with your full, true name: So help you God.”
The following oath or affirmation shall be administered to each of the witnesses who verify the petition: “You do swear (affirm) that the statements of fact you have made in the affidavit of this petition for naturalization subscribed by you are true to the best of your knowledge and belief: So help you God."** (Nationality Act of 1940, secs. 309 (a) and 332 (a), 54 Stat. 1143, 1154)
370.6 Numbering of petitions. Petitions for naturalization shall be numbered in a series separate from declarations of intention in the order in which filed.* (Nationality Act of 1940, sec. 337 (f), 54 Stat. 1158)
370.7 Indexing of petitions involving change of name. Where a change of a petitioner's name has been finally ordered by the court, the clerk of court shall enter both the name by which the petitioner was originally known and his name, as changed, in the index of petitions for naturalization.* (Nationality Act of 1940, sec. 334 (e), 54 Stat. 1157)
370.8 Preliminary naturalization examinations; facts to be ascertained; manner of conducting and uniformity; limitation. Wherever practicable, preliminary examinations of applicants for naturalization and their witnesses shall be made in person and under oath. The applicant and each witness shall be interviewed separately and apart from one another. The purpose of such examinations shall be to obtain accurate and material information bearing upon the applicant's admissibility to citizenship and the qualifications of the witnesses. Both the applicant and the witnesses shall be carefully interrogated to determine whether the applicant has complied with the jurisdictional requirements of law; is mentally and morally qualified for citizenship; is attached to the principles of the Constitution of the United States, and is well disposed to the good order and happiness of the United States. If the applicant has been arrested or charged with the violation of any law or ordinance, the facts shall be ascertained, including information as to whether conviction resulted and the nature and extent of any sentence which may have been imposed. Particular attention shall be given to ascertaining the applicant's complete marital history and the whereabouts of his or her spouse, if married, and minor children, if any. Questions to applicants and witnesses shall be repeated in different form and elaborated, if necessary, until the examining officer is satisfied that the person being interrogated fully understands them. The witnesses shall be questioned to develop not only their own credibility and competency but also the extent of their personal knowledge of the applicant's residence, good moral character, attachment to the principles of the Constitution of the United States, and other qualifications for citizenship. Search shall be made of appropriate court and other records and other available sources of information in establishing the qualifications of the applicant and witnesses. The examination shall be limited to inquiry concerning the applicant's residence, good moral character, understanding of and attachment to the fundamental principles of the Constitution of the United States, and his other qualifications to become a naturalized citizen, and shall be uniform throughout the United States.* (Nationality Act of 1940, sec. 327 (b), 54 Stat. 1151) Part 373-NATURALIZATION HEARINGS AND PROOF
* For statutory citation, see note to § 370.1.
370.9 Material statements of applicants and witnesses to be in writing, under oath. Material statements of applicants for naturalization or applicants for certificates of citizenship or other naturalization or citizenship documents, and their witnesses, shall, where deemed necessary by the naturalization officer, be taken down in writing and under oath and signed by the applicant or witness.
370.10 Review of field investigations. District directors and divisional directors shall, so far as possible, review the records of field investigations, either personally or through some duly designated member or members of the field staffs of their offices, and assign any available examiners, when advisable, to conduct further investigations, especially outside the offices of the Service.*
*For statutory citation, see note to $ 370.1.
568700° -4+ 49
OF NATURALIZATION REQUIREMENTS Sec.
Sec. 373.1 Preliminary hearings, under 373.6 Naturalization rule days.
section 333 of the Nation- 373.7 Personal representation of ality Act of 1940.
Government at court hear. 373.2 Proof at the bearing of resi
ings. dence and other qualifica- 373.8 Written report in lieu of pertions within or without the
representation at State, but prior to the six
final hearings. months' period.
373.9 Objections; form and con373.3 Depositions; procedure.
tent; procedure when over373.4 Substitution of witnesses;
373.10 Procedure where petitioner 373.5 Certificate by examiner
for naturalization appears where petitioner is exempt
to be a citizen of the United from certain residential
States. requirements; immediate
hearing. 8373.1 Preliminary hearings, under section 333 of the Nationality Act of 1940. (a) Preliminary hearings conducted under section 333 of the Nationality Act of 1940 shall be open to the public. Wherever possible, a member of the Service other than the person who conducted the preliminary examination, shall serve as designated examiner. Preliminary hearings shall be conducted in person by the designated examiner, or officer, and the petitioner and his witnesses shall be present. The petitioner and witnesses shall first be duly sworn. The designated examiner shall have before him at the preliminary hearing the record of the preliminary examination in each case. He shall not, however, be limited to the information contained in such record, but may use any material evidence or data received from any other source; and he may present and examine other witnesses than those produced by the petitioner.
(b) After the conclusion of the preliminary hearing in each case, where it is determined to make a favorable recommendation to the court, the witnesses in such case may be excused from further appearance. In any case where the recommendation is unfavorable, the designated examiner shall inform the petitioner of his right to appear before the court in person with his witnesses at the final hearing.
(c) At the time the designated examiner or officer conducts the preliminary hearing of each petitioner he shall enter on Form N-476 the petition number, petitioner's name, and, upon completion of the examination, fill in the symbols indicating his findings and a brief notation of the reasons for any unfavorable finding. This docket shall be signed by him and shall be made available to the court whenever desired, and after the final hearing shall be filed of record in the field office.