Part 334 SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: VETERANS OF THE UNITED STATES ARMED FORCES

§ 334.1 Veterans who have served in United States armed forces for three years; exemptions and fees. A person, including a native-born Filipino, who has served honorably at any time in the United States Army, Navy, Marine Corps, or Coast Guard for a period or periods aggregating three years, and who, if separated from such service, was separated under honorable conditions, may be naturalized, subject to the provisions of §§ 334.2 to 334.5, inclusive. A petitioner for naturalization under this section shall pay the usual fee for filing a petition for naturalization, except that during the time the United States is at war, no clerk of a United States court shall charge or collect a naturalization fee from such petitioner for filing a petition or issuing a certificate of naturalization if the petitioner is in the military or naval service of the United States, and no clerk of any State court shall charge or collect any such fee unless the laws of such State require the charge to be made, in which case only the portion of the fee required to be paid to the State shall be charged or collected.* (Nationality Act of 1940, secs. 324, and 342, (a), (2) and (i), 54 Stat. 1149, 1161; 8 U. S. C. 724, 742)

*88 334.1 to 334.5, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; 8 U. S. C. 727; 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.

334.2 Where service was continuous. (a) Applicant who files petition while still in service. A person described in § 334.1, whose service in the armed forces described therein has been continuous, may, while still in such service, file a petition for naturalization in any naturalization court, without regard to his place of residence, and without having resided continuously in

the United States for at least five years and in the State where the petition is filed for at least six months, immediately preceding such filing. No certificate of arrival and no declaration of intention shall be required to be filed with the petition. The petition shall be verified, but for no specified period of time, by at least two witnesses, citizens of the United States, as provided in § 370.4 of this chapter, and the verifying witnesses shall also testify at the final hearing unless excused as provided in § 373.2 of this chapter. Such petition may be heard immediately if (1) the petitioner be then actually in such armed forces, and (2) before the filing of the petition, the applicant and at least two verifying witnesses, citizens of the United States, who shall identify the applicant as the person who rendered the service upon which the petition is to be based, have appeared before and been examined by a representative of the Immigration and Naturalization Service, and (3) a certificate of such examination on Form N-440 is filed with the petition in accordance with § 373.5 of this chapter. At the time the petition for naturalization is filed, the petitioner shall present duly authenticated copies of the records of the executive departments having custody of the records covering the petitioner's service in the United States Army, Navy, Marine Corps, or Coast Guard, which copies must show the period or periods of such service and that it was performed under honorable conditions. Such duly authenticated copies of service records shall be accepted as proof of the good moral character, attachment to the principles of the Constitution of the United States of America, and favorable disposition toward the good order and happiness of the United States of the petitioner for the periods of such service.

(b) Applicant who files petition after leaving service but within six months. If the petitioner has been separated from such service prior to filing his petition for naturalization, but files his petition for naturalization within six months after the termination of such service, he shall be entitled to the same exemptions from residence in the United States and State, and within the jurisdiction of the naturalization court, and from filing with his petition for naturalization a certificate of arrival and a declaration of intention as the petitioner described in paragraph (a) of this section. But the petitioner under this paragraph shall prove his residence, good moral character, attachment to the principles of the Constitution of the United States, and his favorable disposition toward the good order and happiness of the United States for the period from the date of his separation from such service to the date of the filing of his petition for naturalization, and from the latter date to the date of his admission to citizenship, by the affidavits and testimony of at least two citizen witnesses, in the manner provided in 88 370.4 and 373.2 of this chapter. A petitioner under this paragraph shall not be entitled to an immediate hearing upon his petition, but only after the expiration of at least 30 days after the petition is filed, in accordance with the provisions of section 334 (c) of the Nationality Act of 1940.* (Nationality Act of 1940, secs. 307, 309 (a), 324 (a)

*For statutory citation, see note to § 334.1.

(b) (e), and 334 (c); 54 Stat. 1142, 1143, 1149-1150, 1156-1157; 8 U.S. C. 707, 709, 724, 734)

334.3 Where service was not continuous. A person described in § 334.1, whose service was not continuous, shall be entitled to all of the exemptions set forth in § 334.2 (a) (including an immediate hearing if still in the service), if he files a petition for naturalization while still in such service or within six months after honorable separation therefrom, except that such petitioner must establish his continuous residence, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, for the period of five years at least immediately preceding the filing of his petition, and from the date of filing his petition to the date of the final hearing thereon. Proof of such qualifications for the periods during which the petitioner was actually in such service shall be made as provided in § 334.2 (a). As to any part or parts of the fiveyear period immediately preceding the filing of the petition for naturalization, and as to the period between the date of the filing of the petition and the final hearing thereon, between the periods of the petitioner's service in the United States Army, Navy, Marine Corps, or Coast Guard, such proof must be made by the affidavits and testimony of at least two citizen witnesses, for each such period, as set forth in §§ 370.4 and 373.2, respectively, of this chapter.* (Nationality Act of 1940, secs. 307, 309 (a), 324 (a) (b) (c) (e), and 334 (c); 54 Stat. 1142, 1143, 1149–1150, 1156, 8 U. S. C. 707, 709, 724, 734)

334.4 Where petition for naturalization is filed more than six months after termination of service. Where an alien has performed the service specified in § 334.1, but fails to file a petition for naturalization while still in such service or within six months after the termination of such service, he shall not be entitled to any of the exemptions set forth in §334.2, except that such a petitioner for naturalization may prove his good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, for any period or periods, during the five-year period immediately preceding the filing of the petition, of service specified in § 334.1, by the production of duly authenticated copies of the records of the executive departments having custody of the records of such service, as described in such section, in lieu of affidavits and testimony or depositions of witnesses for the period or periods of such service. (Nationality Act of 1940, sec. 324 (d) (e), 54 Stat. 11491150; 8 U. S. C. 724)

334.5 Procedure. An application to file a petition for naturalization under § 334.2, § 334.3, and § 334.4 shall be made on Form N-400. The petition for naturalization shall be filed on Form N-405. There shall be attached to the original of every petition for naturalization filed under any of such sections, an affidavit of the petitioner, sworn to before the clerk of court or a member of the Service on Form N-421, fully setting forth the

*For statutory citation, see note to § 334.1.

periods and the description of his service in the United States Army, Navy, Marine Corps, or Coast Guard. Such Form N421 shall be filed with and made a part of the petition for naturalization at the time such petition is filed. The duplicate and triplicate executed copies of Form N-421 shall be attached to the duplicate and triplicate petitions for naturalization, respectively. (Nationality Act of 1940, secs. 324 and 327 (d), 54 Stat. 1149, 1151; 8 U. S. C. 724, 727).

334.6 Veterans who have served in the United States military or naval forces after April 5, 1917, and before November 12, 1918, or after April 20, 1898, and before July 5, 1902, or on the Mexican Border in the regular Army or National Guard from June 1916 to April 1917. Any person not a citizen of the United States who was a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918, or at any time after April 20, 1898, and before July 5, 1902, or who served on the Mexican Border as a member of the regular Army or National Guard from June 1916 to April 1917 may be naturalized subject to the provisions of sections 334.7 to 334.11 of this Part. (Sec. 323a, 56 Stat. 1041; 8 U. S. C. 723a)

334.7 Limitations. No person shall be naturalized under section 334.6 of this Part: (1) who is an alien ineligible to citizenship, (2) who during the periods specified in section 334.6 or thereafter was separated from the military or naval forces or the National Guard under other than honorable conditions, (3) who was a conscientious objector who performed no military duty whatever or refused to wear the uniform, or (4) who was discharged during the periods specified in section 334.6, or thereafter, from the military or naval forces on account of his alienage. Naturalization may be granted under section 334.6 at any time within one year after December 7, 1942. (Sec. 323a, 56 Stat. 1041, 8 U. S. C. 723a) 334.8 Exemptions and fees. An alien within section 334.6 may be naturalized upon compliance with all the requirements of the naturalization laws, with the following exceptions: (1) no declaration of intention shall be required; (2) no certificate of arrival shall be required unless the applicant's admission to the United States was subsequent to March 3, 1924; (3) no residence within the jurisdiction of the court shall be required and but two years' residence in the United States immediately prior to the filing of the petition, pursuant to a lawful admission for permanent residence, shall be required in lieu of the five-year period of residence within the United States and the six months' period of residence within the State; and (4) no fee shall be collected for the issuance of a certificate of arrival and no fee shall be collected by the clerk of the naturalization court for making, filing, or docketing the petition or for issuing a certificate of naturalization if the issuance of such certificate is authorized by the naturalization court. (Sec. 323a, 56 Stat. 1041, 8 U. S. Č. 723a)

334.9 Certificate of arrival. If an applicant for naturalization under section 334.6 entered the United States after March 3, *For statutory citation, see note to § 334.1.

1924, a certificate of arrival shall be issued in accordance with section 363.1 of this Title and shall be filed with and made a part of the petition for naturalization, at the time the petition is filed. If the entry occurred after June 29, 1906, but prior to March 4, 1924, a verification of lawful entry on Form I-404 shall be requested of the appropriate port, but no certificate of arrival will be issued and the Form I-404 will be associated only with the triplicate copy of the petition. If the entry occurred on or prior to June 29, 1906, the applicant shall submit satisfactory evidence that he entered the United States as claimed. If the applicant alleges entry into the United States after June 29, 1906, and prior to July 1, 1924, and his lawful admission is not presumable under section 110.38 of this Title, 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. (Sec. 323a, 56 Stat. 1041, 8 U. S. C. 723a)

334.10 Proof of service; verification of petition. An applicant to file a petition for naturalization under section 334.6 shall produce proof of his service in the military or naval forces of the United States or the National Guard, in the form of an honorable discharge or a statement from the records of the executive department having custody of the records of his service. Verification of the authenticity of his honorable discharge, or any other alleged fact of his service may, if considered necessary or advisable, be made from official records. The petition shall be verified by the affidavits of at least two credible witnesses, citizens of the United States, each of whom shall state in his affidavit that he has personally known the petitioner for that portion of the required period of residence concerning which such witness is able to testify, and that during all such time the petitioner was 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. The verifying witnesses shall also testify at the final hearing unless excused as provided in section 373.2 of this Title. Depositions may be used to prove any portion of the required period of residence and the good moral character, attachment to the principles of the Constitution of the United States and disposition to the good order and happiness of the United States of the petitioner during such period. (Secs. 323a, 334 (b), 56 Stat. 1041, 54 Stat. 1156, 8 U. S. C. 723a, 734)

334.11 Procedure. An application to file a petition for naturalization under section 334.6 of this Part shall be made on Form N-400 and the petition for naturalization shall be made on Form N-405. There shall be attached to the original of every such petition an affidavit of the petitioner on Form N-421, sworn to before the clerk of court or a member of the Service. Appropriate amendments shall be made on Form N-421 to show that the petition is filed under section 323a, of the Nationality Act of 1940. In paragraph 2 on Form N-421, there shall be inserted the following allegation: "During or subsequent to the period of my service shown in paragraph one above, I have never been separated from the military or naval forces of the United States or the National Guard under other than honorable conditions nor dis