he derived such citizenship through the naturalization of a parent or parents or through the naturalization or citizenship of a husband, or that he acquired such citizenship through birth outside the United States at a time when his parent or parents were citizens of the United States.* (Sec. 339, 54 Stat. 1160, as amended by sec. 3, Act of January 20, 1944, Public Law No. 221, 78th Congress; 8 U. S. C. 739) 379.6 Examination and evidence. The examining officer shall orally review the application, with the applicant, or in the case of a child under the age of eighteen years, with the parent or guardian, before administering the oath. Any necessary changes in the application shall be consecutively numbered and acknowledged in writing by the applicant or the parent or guardian. The applicant and the person or persons through whom applicant claims to have derived or acquired citizenship then shall be questioned under oath by the examiner for the purpose of identification and to clarify any points in controversy on the basis of the information submitted in the application. If the sworn application form, supporting documentary evidence, records of the Service, the testimony of the person or persons through whom citizenship is claimed, and the testimony of the applicant, or the parent or guardian if applicant be a child under the age of eighteen years, establish applicant's claim to citizenship, no other witnesses shall be required. Otherwise, such number of credible witnesses, preferably citizens of the United States, as may be deemed necessary shall be questioned under oath by the examiner concerning the facts of applicant's alleged citizenship. If the person or persons through whom the applicant claims citizenship are deceased or otherwise not available, the testimony customarily required of such person or persons may be furnished by qualified witnesses. The testimony heard shall not be reduced to writing in verbatim form except in cases where neither primary nor secondary documentary evidence is available to establish such essential facts concerning applicant's citizenship and except in cases where it appears that criminal proceedings might be instituted as a result of perjured statements. Any facts deemed necessary to the examination relating to the birth, death, marriage, divorce, or identity of any person involved therein shall be established by official copies of public records or church records if such copies are available or can be obtained. If the examining officer is satisfied that the applicant has made a reasonable effort to procure such documentary evidence and that it is not available or cannot be procured without undue hardship to such applicant, the examining officer may receive and consider any other evidence which the applicant may present. The burden of proof to establish his citizenship shall at all times be upon the applicant. In presenting his proof, the applicant shall be entitled to the benefit of any records concerning him which are in the custody of the Service and copies of, or information from, any such records may be made available to the officer of the Service passing upon the application, without payment of fee by the applicant. When no longer required, the *For statutory citation, see note to § 379.1. 568700°-44- -50 original documents submitted by applicant shall be returned to the applicant if photostatic or other copies thereof have been supplied by him for the record. If the examiner is satisfied as to the authenticity of the documents and is satisfied that such photostatic or other copies are true and correct, he shall return the original documents to the applicant at the conclusion of the examination and incorporate the copies into the record which is submitted to the Central Office. (Sec. 339, 54 Stat. 1160, as amended by sec. 3, Act of January 20, 1944, Public Law No. 221, 78th Congress; 8 U. S. C. 739) 379.7 Record; recommendation; review. Upon completion of the examination, the examining officer shall prepare a report of his findings on Form N-635 or Form N-635-A as to each of the essential facts to be established in the proceeding, together with his recommendation and any comment he deems necessary. Where any issue of law or fact is raised by the evidence, the examining officer shall summarize the evidence and prepare a report thereon to accompany the Form N-635 or Form N-635-A. If the original documents were returned to the applicant at the conclusion of the examination, the examiner shall place a notation on Form N-635 or Form N-635-A showing that the copies were compared with such original documents and were found satisfactory and that the original documents were returned to the applicant. If denial of the application is recommended, a statement shall be made of the supporting grounds, and reason therefor. When recommendation to grant the application is based principally on documentary evidence, that fact shall be stated; otherwise, a brief statement of the facts and circumstances in evidence considered sufficient to justify action recommended shall be made. The record, supporting documents, photographs, and the findings and recommendation of the examining officer shall then be forwarded to the district director. That officer or an officer designated by him for that purpose, shall thereupon review the record, both as to procedural requirements and the findings and recommendation, and shall himself, or through his designated substitute, make his recommendation on Form N-635 or Form N-635-A. If such review leads to a different recommendation from that of the examining officer, the reasons therefor shall be stated in writing. The entire record shall then be submitted to the Central Office.* (Sec. 339, 54 Stat. 1160, as amended by sec. 3, Act of January 20, 1944, Public Law No. 221, 78th Congress; 8 U. S. C. 739) 379.8 Final disposition. If the Commissioner is satisfied from the record and accompanying documents that the applicant is entitled to receive a certificate of citizenship, an order to that effect will be entered. If the applicant has assumed or is known. by a name other than his true name but has not had his name changed in accordance with the law of the jurisdiction where he assumed the new name, and, therefore, is not legally entitled to use the assumed name, the certificate of citizenship shall be issued in the applicant's true name followed by the words "also known as" followed by the assumed name, but in such a case the ap *For statutory citation, see note to § 379.1. plicant shall be required to sign only his true name on the certificate and on the photographs submitted with his application. The certificate shall be issued by the Commissioner or a Deputy Commissioner in duplicate and shall be forwarded to the field office in which the application originated for signature by the applicant, or in the case of a child under eighteen years of age by his parent or guardian. The applicant shall, unless he is too young to understand the meaning thereof, take and subscribe to, before a member of the Service, the oath of renunciation and allegiance prescribed by section 335 of the Nationality Act of 1940. Thereafter personal delivery of the original of the certificate shall be made to the applicant, or in the case of a child under eighteen years of age to his parent or guardian, who shall sign a receipt therefor. The applicant shall be furnished with the certificate only if such individual is at the time within the United States. (Secs. 335, 339, 54 Stat. 1157, 1160, as amended by sec. 3, Act of January 20, 1944, Public Law No. 221, 78th Congress; 8 U. S. C. 735, 739) *For statutory citation, see note to § 379.1. Part 380 Sec. SPECIAL CERTIFICATE OF NATURALIZATION FOR RECOGNITION BY A FOREIGN STATE Sec. 380.1 Application; who may make; 380.2 Invesigation; certificate; disform; fee. position. § 380.1 Application; who may make; form; fee. Any naturalized citizen may apply for a special certificate of naturalization for the purpose of obtaining recognition as a citizen of the United States by a foreign state. He shall fill out properly, sign, and mail to the Commissioner application on Form N-577. Such application shall be accompanied by three photographs of the applicant prepared in accordance with Part 364, and the statutory fee of $5 in the form of a United States postal money order payable to the "Commissioner of Immigration and Naturalization, Washington, D. C."* (Nationality Act of 1940, secs. 341 (c) and 342 (b) (6), 54 Stat. 1161) *§§ 380.1 to 380.2, 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. 380.2 Investigation; certificate; disposition. After the naturalization of the applicant has been verified, the Commissioner or a Deputy Commissioner may, if deemed necessary, transmit the application to the appropriate district director for investigation as to the essential facts, including identity and continuance of United States citizenship from the date of the alleged naturalization. The examiner's report containing his findings and recommendation, together with all necessary documents and papers, shall be forwarded by the district director to the Commissioner. Every applicant for a certificate under this Part shall be required to satisfy the Service that he has not expatriated himself subsequent to the date he claims to have acquired United States citizenship which forms the basis of the application. The certificate, if and when issued, will be furnished only to the Secretary of State for transmission to the proper authority in the foreign state where the applicant's citizenship is to be proved.* (Nationality Act of 1940, secs. 341 (c) and 342 (b) (6), 54 Stat. 1161) *For statutory citation, see note to § 380.1. 1037 |