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CERTIFICATES OF DERIVATIVE CITIZENSHIP: PROCEDURE

SEC. 339. A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of section 201 (c), (d), (e) and (g) of the Nationality Act of 1940 (54 Stat. 1138; U. S. C., title 8, sec. 601), may apply to the Commissioner for a certificate of citizenship. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen, and that the applicant's alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this Act of a petitioner for naturalization, such individual shall be furnished by the Commissioner or a deputy commissioner with a certificate of citizenship, but only if such individual is at the time within the United States.

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(54 Stat. 1160, Public Law 221, 78th Congress; Chapter 2, 2d Session; 8 U. S. C. 739.)

REVOCATION OF CERTIFICATES ISSUED BY THE COMMISSIONER OR A DEPUTY COMMISSIONER: ACTION NOT TO AFFECT CITIZENSHIP STATUS

SEO. 340. The Commissioner is authorized to cancel any certificate of citizenship or any copy of a declaration of intention or certificate of naturalization heretofore or hereafter issued by the Commissioner or a Deputy Commissioner if it shall appear to the Commissioner's satisfaction that such document was illegally or fraudulently obtained from the Commissioner or a Deputy Commissioner; but the person to whom such document has been issued, shall be given at such person's last known place of address, written notice of the intention to cancel such document with the reasons therefor and shall be given at least sixty days in which to show cause why such document should not be canceled. The cancelation of any such document shall affect only the document and not the citizenship status of the person in whose name the document was issued. (54 Stat. 1160; 8 U. S. C. 740.)

11 Prior to its amendment by the Act of Jan. 20, 1944, § 889 read: SEC. 339. A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a spouse may apply to the Commissioner for a certificate of citizenship. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen, and that the applicant's alleged citizenship was derived as claimed, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this Act of a petitioner for naturalization, such individual shall be furnished by the Commissioner or a Deputy Commissioner with a certificate of citizenship, but only if such individual is at the time within the United States. (54 Stat. 1160; 8 U. S. C. 739.)

DOCUMENTS AND COPIES ISSUED BY THE COMMISSIONER OR A DEPUTY

COMMISSIONER

CERTIFICATE OF NATURALIZATION TO VETERAN OF FIRST OR SECOND WORLD WAR

SEC. 341. (a) A person who claims to have been naturalized in the United States under section 323 of this Act may make application to the Commissioner for a certificate of naturalization. Upon proof to the satisfaction of the Commissioner or a Deputy Commissioner that the applicant is a citizen and that he has been naturalized as claimed in the application, such individual shall be furnished a certificate of naturalization by the Commissioner or a Deputy Commissioner, but only if the applicant is at the time within the United States. (54 Stat. 1160; 8 U. S. C. 741.)

ISSUANCE OF NEW DECLARATIONS AND CERTIFICATES IN LIEU OF THOSE LOST, MUTILATED, OR DESTROYED; SURRENDER OF DEFECTIVE DOCUMENTS

(b) If any certificate of naturalization or citizenship issued to any citizen, or any declaration of intention furnished to any declarant, is lost, mutilated, or destroyed, the citizen or declarant may make application to the Commissioner for a new certificate or declaration. If the Commissioner or a Deputy Commissioner finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration. If the certificate or declaration has been mutilated, it shall be surrendered to the Commissioner or a Deputy Commissioner before the applicant may receive such new certificate or declaration. If the certificate or declaration has been lost, the applicant or any other person who may come into possesson of it is hereby required to surrender it to the Commissioner or a Deputy Commissioner. (54 Stat. 1161; 8 U. S. C. 741.)

SPECIAL CERTIFICATES OF NATURALIZATION TO OBTAIN RECOGNITION AS A CITIZEN BY A FOREIGN STATE

(c) The Commissioner or a Deputy Commissioner shall issue for any naturalized citizen, on such citizen's application therefor, a special certificate of naturalization for use by such citizen only for the purpose of obtaining recognition as a citizen of the United States by a foreign state. Such certificate when issued shall be furnished to the Secretary of State for transmission to the proper authority in such foreign state. (54 Stat. 1161; 8 U. S. C. 741.)

CERTIFICATE IN NAME CHANGED BY ORDER OF COURT OR MARRIAGE

(d) If the name of any naturalized citzen has, subsequent to naturalization, been changed by order of any court of competent jurisdiction, or by marriage, the citizen may make application for a new certificate of naturalization in the new name of such citizen. If the Commissioner or a Deputy Commissoner finds the name of the applicant to have been changed as claimed, the Commissioner or a Deputy Commissioner shall issue to the applicant a new certificate and shall notify the naturalization court of such action. (54 Stat. 1161; 8 U. S. Č. 741.)

CERTIFICATIONS OF NATURALIZATION RECORDS OR CERTIFICATES FOR COMPLIANCE WITH STATE OR FEDERAL STATUTES, OR JUDICIAL PROCEEDINGS; RESTRICTION ON ISSUANCE BY CLERK OF COURT

(e) The Commissioner or a Deputy Commissioner is authorized to make and issue, without fee, certfications of any part of the naturalization records of any court, or of any certificate of naturalization or citizenship, for use in complying with any statute, State or Federal, or in any judicial proceeding. No such certification shall be made by any clerk of court except upon order of the court. (54 Stat. 1161; 8 U. S. C. 741.)

FISCAL PROVISIONS

FEES COLLECTED BY CLERKS OF COURTS FOR DECLARATIONS OF INTENTION, PETITIONS FOR NATURALIZATION, FINA!. HEARINGS, AND CERTIFICATES OF NATURALIZATION

SEO. 342. (a) The clerk of each and every naturalization court shall charge, collect, and account for the following fees:

(1) For receiving and filing a declaration of intention, and issuing a duplicate and triplicate thereof, $2.50.

(2) For making, filing, and docketing a petition for naturalization, $5, including the final hearing on such petition, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the naturalization court. (54 Stat. 1161; 8 U. S. C. 742.)

FEES COLLECTED BY COMMISSIONER OF IMMIGRATION AND NATURALIZATION IN VARIOUS PROCEEDINGS

(b) The Commissioner shall charge, collect, and account for the following fees:

(1) For application for record of registry, $18.12

(2) For the issuance of each certificate of arrival, $2.50.

(3) For application for a declaration of intention in lieu of a declaration alleged to have been lost, mutilated, or destroyed, $1. (4) For application for a certificate of naturalization in lieu of a certificate alleged to have been lost, mutilated, or destroyed, $1. (5) For application for a certificate of citizenship, $5.13 (6) For application for the issuance of a special certificate of citizenship to obtain recognition, $5.

(7) For application for a certficate of naturalization under section 323, $1.

(8) For application for a certificate of citizenship in changed name, $5. (54 Stat. 1161; 8 U. S. C. 742.)

REASONABLE FEES WITH APPROVAL OF THE ATTORNEY GENERAL WHERE FEES NOT ESTABLISHED BY LAW FOR COPIES OF OR INFORMATION FROM THE SERVICE RECORDS

(9) Reasonable fees, with the approval of the Attorney General, in cases where such fees have not been established by law, to cover

13 In the original Act of Mar. 2, 1929 (45 Stat. 1512-1513), p. 531, the fee was $20; this was changed to $10 by the Act of April 19, 1934 (48 Stat. 598), p. 551.

19 Prior to its amendment by the Act of Jan. 20, 1944, § 842 (b) (5), p. 414, read: For application for a certificate of derivative citizenship, $5.

the cost of furnishing, to other than officials or agencies of the Federal Government, copies, whether certified or uncertified, of any part of the records, or information from the records, of the Service. Such fees shall not exceed a maximum of 25 cents per folio, with a minimum fee of 50 cents for any one such service, in addition to a fee of $1 for any official certification furnished under seal. (54 Stat. 1162; 8 U. S. C. 742.)

CLERKS OF COURTS TO PAY THE COMMISSIONER ONE-HALF OF FEES UP TO SIX THOUSAND DOLLARS AND ALL IN EXCESS

(c) The clerk of any naturalization court specified in subsection (a) of section 301 (except the courts specified in subsection (d) of this section), shall account for and pay over to the Commissioner one-half of all fees up to the sum of $6,000, and all fees in excess of $6,000, collected by any such clerk in naturalization proceedings in any fiscal year. (54 Stat. 1162; 8 U. S. C. 742.)

CLERKS OF CERTAIN UNITED STATES COURTS TO PAY TO THE COMMISSIONER ALL NATURALIZATION FEES

(d) The clerk of any United States district court (except in Alaska) and the clerk of the District Court of the United States for the District of Columbia shall account for and pay over to the Commissioner all fees collected by any such clerks in naturalization proceedings. (54 Stat. 1162; 8 U. S. C. 742.)

CLERKS TO PAY FEES TO COMMISSIONER QUARTERLY WITHIN THIRTY DAYS OF THE CLOSE OF EACH QUARTER

(e) The accounting required by subsections (c) and (d) of this section shall be made and the fees paid over to the Commissioner by such respective clerks in their quarterly accounts which they are hereby required to render to the Commissioner within thirty days from the close of each quarter of each and every fiscal year, in accordance with regulations prescribed by the Commissioner. (54 Stat. 1162; 8 U. S. C. 742.)

CLERKS OF NATURALIZATION COURTS TO PAY ADDITIONAL CLERICAL FORCE FROM RETAINED FEES

(f) The clerks of the various naturalization courts shall pay all additional clerical force that may be required in performing the duties imposed by this Act upon clerks of courts from fees retained under the provisions of this section by such clerks in naturalization proceedings. (54 Stat. 1162; 8 U. S. C. 742.)

NATURALIZATION FEES TO BE DEPOSITED BY THE COMMISSIONER IN THE TREASURY OF THE UNITED STATES

(g) All fees collected by the Commissioner and all fees paid over to the Commissioner by clerks of naturalization courts under the provisions of this Act, shall be deposited by the Commissioner in the Treasury of the United States. (54 Stat. 1162; 8 U. S. C. 742.)

LIMIT UPON COUNSEL'S FEES IN NATURALIZATION PROCEEDINGS

(h) In all naturalization proceedings in which an alien applying for a certificate of naturalization or of citizenship is represented by counsel, there is hereby established a limit of $25 for counsel's fees, except where legal action before a court requires extended legal service when the court may approve a reasonable fee in excess of $25. (54 Stat. 1162; 8 U. Š. C. 742.)

WAIVING OF NATURALIZATION FEES, DURING WAR, FÖR ALIENS IN THE MILITARY OR NAVAL SERVICE OF THE UNITED STATES

(i) During the time when the United States is at war no clerk of a United States court shall charge or collect a naturalization fee from an alien in the military or naval service of the United States for filing a petition for naturalization or issuing a certificate of naturalization upon admission to citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A report of all transactions under this subsection shall be made to the Commissioner as in the case of other reports required of clerks of courts by this Act. (54 Stat. 1162; 8 U.S. C. 742.)

DEPOSIT BY PETITIONER OF WITNESSES' FEES

(i) In addition to the other fees required by this Act, the petitioner for naturalization shall, upon the filing of a petition for naturalization, deposit with and pay to the clerk of the naturalization court a sum of money sufficient to cover the expenses of subpenaing and paying the legal fees of any witnesses for whom such petitioner may request a subpena, and upon the final discharge of such witnesses, they shall receive, if they demand the same from the clerk, the customary and usual witness fees from the moneys which the petitioner shall have paid to such clerk for such purpose, and the residue, if any, shall be returned by the clerk to the petitioner. (54 Stat. 1162; 8 U. S. C. 742.)

MAIL RELATING TO NATURALIZATION TRANSMITTED FRee of postage and

REGISTERED

SEC. 343. All mail matter of whatever class, relating to naturalization, including duplicate papers required by law or regulation to be sent to the Service by clerks of courts addressed to the Department of Justice or the Service, or any official thereof, and endorsed "Official Business", shall be transmitted free of postage and by registered mail if necessary, and so marked. (54 Stat. 1168; 8 U. S. C. 743.)

AUTHORIZATION GRANTED FOR PUBLICATION AND DISTRIBUTION OF CITIZENSHIP TEXTBOOK FROM NATURALIZATION FEES

SEO. 844. Authorization is hereby granted for the publication and distribution of the citizenship textbook described in subsection (c) of section 327, and for the reimbursement of the printing and binding appropriation of the Department of Justice upon the

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