the Department of State.* (Secs. 16, 17, 39 Stat. 885, 887; 8 U. S. C. 152, 153)

315.9 When evidence overcomes presumption; effect of decision. When the United States diplomatic or consular officer or immigration officer is satisfied that the evidence presented overcomes the presumption of expatriation under section 402 of the Nationality Act of 1940, the United States passport or other travel document of the person shall be endorsed by or on the part of such officer with a certificate as follows:

I certify that the holder of this

has submitted to me evidence which I believe to be sufficient to overcome, as of this date, the presumption of expatriation under section 402 of the Nationality Act of 1940. If the person has no such passport or travel document, the certificate shall be made in the form of a letter to him. The certificate shall be dated and signed by the officer making it, and he shall add thereto the title of his office and his station. Such certificate shall be accepted by diplomatic, consular, and immigration officers of the United States as prima facie evidence that the presumption of expatriation has been overcome, but shall not preclude such officers or the United States from requiring satisfactory evidence that the certificate was not obtained or issued through fraud or other illegality when there is reasonable cause to believe that such is the case.

315.10 Proof of facts not relating to presumption under section 402. Nothing in this part shall relieve any persons from complying with any requirements with respect to proof of facts which do not relate to overcoming the presumption under section 402 of the Nationality Act of 1940.*

* For statutory citation, see note to § 315.2.

Part 317-CERTIFICATE OF IDENTITY FOR ADMISSION TO THE UNITED STATES TO PROSECUTE AN ACTION UNDER SECTION 503 OF THE NATIONALITY ACT OF 1940

§ 317.1 Authority for issuance of certificate of identity. Section 503 of the Nationality Act of 1940 (54 Stat. 1171, 1172; 8 U. S. C. 903) provides:

If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad, may institute an action against the head of such Department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the district in which such person claims a permanent residence for a judgment declaring him to be a national of the United States. If such person is outside of the United States, and shall have instituted such an action in court, he may, upon submission of a sworn application showing that the claim of nationality presented in such action is made in good faith and has a substantial basis, obtain from a diplomatic or consular officer of the United States in the foreign country in which he is residing a certificate of identity stating that his nationality status is pending before the court, and may be admitted to the United States with such certificate upon the condition that he shall be subject to deportation in case it shall be decided by the court that he is not a national of the United States. Such certificate of identity shall not be denied solely on the ground that such person has lost a status previously had or acquired as a national of the United States; and from any denial of an application for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing the reasons for his decision. The Secretary of State, with the approval of the Attorney General, shall prescribe rules and regulations for the issuance of certificates of identity as above provided.

317.2 Application for certificate of identity. (a) What application shall show. The application for a certificate of identity shall show:

(1) The full and true name of the applicant;

(2) The place of his residence outside the United States;

(3) That he claims to be a national of the United States, and the basis of such claim and evidence submitted in support thereof; (4) That such claim is made in good faith and upon a substantial basis;

(5) That he claims a right or privilege as a national of the United States, and specifically the nature of such claim;

(6) That such right or privilege has been denied him by a specified department or agency or executive official of the United States on the ground that the applicant is not a national of the United States, and the date and place of such denial;

(7) That an action for a judgment declaring applicant to be a national of the United States has been instituted by him against the head of such department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the specified district in which he claims permanent residence;

(8) That such action was instituted in good faith with the intention of prosecuting it to conclusion and is pending in such court;

(9) That he desires to proceed to the United States to prosecute such action;

(10) That, if granted a certificate of identity and admitted to the United States for the purpose of prosecuting such action, he will do so with due diligence;

(11) That he understands that admission to the United States upon such certificate of identity shall be under regulations prescribed in part 112 of chapter I, title 8, Code of Federal Regula tions, and upon the condition that he shall be subject to deportation if the final outcome of such court action is not to the effect that he is a national of the United States and if he then fails to depart therefrom without delay in accordance with directions from the Immigration and Naturalization Service; and

(12) Such other facts and proofs, with respect to the foregoing, as may be required by the application form or by the diplomatic or consular officer before whom the application for a certificate of identity is executed.

(b) Supporting witness. The application for a certificate of identity shall be supported by the affidavit of a credible wit ness, but this requirement may be waived in the discretion of the officer before whom the application is executed.

(c) Form and execution. The application for a certificate of identity shall be made in quadruplicate on an approved form and shall be signed and sworn to (or affirmed) by the applicant in person before a diplomatic or consular officer of the United States. The affidavit of the witness, if not waived, shall also be made before a diplomatic or consular officer of the United States. The application shall be accompanied by four photographs of the applicant taken within thirty days of the date on which the ap

plication is filed. The photographs shall be 2 by 2 inches in size, unmounted, printed on thin paper, have a light background, and 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 head to point of chin approximately 14 inches. Snapshot, group, or full length pictures will not be accepted. The applicant, except in the case of a person physically or otherwise 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. One photograph shall be glued to the original application and one to each copy thereof and impressed with the legend machine so as not to cover the features, Officers not having a legend machine will use the impression seal. The consular impression seal should invariably be used in completing the application. Fingerprints of the applicant shall be required and attached to the application and each copy thereof, as in the case of a visa.*

· 88 317.2 to 317.12, inclusive, Issued under authority contained in sec. 503. 54 Stat. 1171, 1172; 8 U. S. C. 903. Statutes interpreted or applied are listed in parentheses at the end of specific sections.

317.3 Independent investigation. When an application for a certificate of identity is executed before a diplomatic or consular officer, an independent investigation of the facts in the case should be made, as far as practicable, by such officer, even though the application and proofs submitted therewith may on their face appear to justify issuance of a certificate of identity.*

317.4 Good faith and substantial basis of claim of United States nationality. (a) Relationship to provision concerning loss of nationality. The provision in section 503 of the Nationality Act of 1940 that a certificate of identity shall not be denied "solely on the ground that such person has lost a status previously had or acquired as a national of the United States" is to be read with the provision of the section that the claim of nationality presented in the court action be made in good faith and have a substantial basis.

(b) Meaning of good faith. Good faith means an honest belief of the applicant that he is a national of the United States, and is to be determined by the diplomatic or consular officer of the United States in the light of the facts and circumstances of each case. For example, where it appears that United States nationality has been lost by naturalization of the person upon his own application in a foreign state, good faith would appear to be lacking in the absence of a satisfactory showing to the contrary. Special care should be taken in the examination of the case of an applicant who, while in a foreign state, has exercised any rights or performed any duties for which only nationals of such state are eligible.

(c) Meaning of substantial basis. A substantial basis of a claim of United States nationality means one which satisfies the diplomatic or consular officer of the United States that the claim of the applicant that he is a national of the United States is, notwithstanding any previous ruling of a department, agency, or

executive official of the United States, sufficiently meritorious to justify resort to the court for a determination of the question.* 317.5 Denial of a right or privilege as a national of the United States. Denial by a Department or agency or executive official of the United States of a right or privilege as a national of the United States may occur in the administration of various laws. For example, it may occur where a person has applied as a national of the United States for a passport or for registration at an American consulate or for non-quota status of an alien wife or alien minor child under sections 4 and 9 of the Immigration Act of 1924, and the application is denied on the ground that the applicant is not a national of the United States.*

317.6 Proof of institution of action. Proof that the applicant has instituted an action referred to in section 317.2 is best made by presentation of a duly certified copy of the complaint filed in the action. The presentation of such a copy may be waived only when other evidence is furnished which satisfactorily establishes that the suit has been instituted and is pending.*

317.7 In case of doubt as to issuance of certificate of identity. Where it appears that the presence of the applicant in the United States would endanger the public safety or where the diplomatic or consular officer believes that the applicant is a national of the United States and entitled to a passport as such or where the diplomatic or consular officer has any doubt with respect to the action he should take upon the application for a certificate of identity, the officer should suspend action and consult the Department of State.*

317.8 Form and issuance of certificate of identity. The certificate of identity shall be issued on the approved form, printed upon the application form. It shall be signed and sealed by the diplomatic or consular officer, who shall state on the original and each copy thereof the date and place of issuance. The three copies shall be marked "copy". One copy and any documentary evidence submitted by the applicant shall be retained in the files of the issuing office, and two copies sent to the Department of State, one of which shall be forwarded to the Central Office, Immigration and Naturalization Service, Department of Justice. 317.9 Period of validity of certificate of identity. A certificate of identity shall expire six months from the date of its issuance, unless extended by direction of the Secretary of State.*

317.10 Denial of certificate of identity. In case the certificate of identity is denied by a diplomatic or consular officer, a notation to that effect shall be made by him in the space provided therefor at the end of the original application and on each copy thereof. The notation shall set forth definitely the grounds for the denial. The original application and any documentary evidence submitted by the applicant shall be retained in the files of the office to which the application was submitted. One copy shall be returned to the applicant, and two copies shall be sent to the Department of State, one of which shall be forwarded to the Central Office, Immigration and Naturalization Service, Department of Justice.*

*For statutory citation, see note to § 317.2.