or former members of the United States military or naval forces during the Second World War of the noncommissioned or warrant officer grade or rating, or higher, who may be the same two witnesses described in § 338.4, or (2) by a duly authenticated copy of the record of the Federal executive department having custody of the record of petitioner's service. The provisions of section 334 (c) of the Nationality Act of 1940, relating to final hearings on petitions for naturalization and the issuance of certificates of naturalization within thirty days after the filing of the petition and within sixty days preceding the holding of any general election within the territorial jurisdiction of the naturalization court, shall not apply to petitions for naturalization, filed under this part if prior to the filing of the petition the petitioner and the verifying witnesses described in §§ 338.4 and 338.5 if the required service has been proved by the affidavits of witnesses, have appeared before and been examined by a representative of the Immigration and Naturalization Service.

§ 338.6 Procedure. An application to file a petition for naturalization under $338.1 shall be made on Form N-403 if the applicant is serving in the military or naval forces at the time the application is filed. The petition for naturalization of a person so serving shall be filed on Form N-410. Application to file a petition for naturalization under § 338.1 shall be made on Form N-400 if the applicant has been discharged before the application is filed. The petition for naturalization of a discharged person shall be filed on Form N-412. PART 339-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: MEMBERS OF THE UNITED STATES ARMED FORCES DURING THE SECOND WORLD WAR NOT WITHIN JURISDICTION OF ANY NATURALIZATION COURT [ADDED]

Sec. 339.9

Issuance of certificate of naturalization. 339.10 Disposition of original and duplicate petitions for naturalization, and original, duplicate, and triplicate certificates of naturalization.

AUTHORITY: §§ 339.1 to 339.10, inclusive, issued under sec. 327, 54 Stat. 1150, sec. 705, 56 Stat. 183, sec. 37 (a), 54 Stat. 675; 8 U.S.C. and Sup., 458, 727, 1005. § 90.1 of this chapter: applies secs. 702, 704, 56 Stat. 182, 183; 8 U.S.C. 1002, 1004.

SOURCE: §§ 339.1 to 339.10, inclusive, contained in Regulations, Acting Commissioner, effective June 24, 1944, 9 F.R. 7042.

§ 339.1 Persons eligible. Any person not a citizen of the United States, regardless of age, who while serving honorably in the military or naval forces of the United States during the Second World War is not within the jurisdiction of any court authorized to naturalize aliens and who, having been lawfully admitted to the United States, including its territories and possessions, shall have been at the time of his enlistment or induction a resident thereof, may be naturalized under the provisions of section 702 of the Nationality Act of 1940, upon his petition filed not later than one year after December 31, 1944, or not later than one year after the termination of the effective period of the Second War Powers Act, 1942 (56 Stat. 176). Naturalization may be granted under this part at any place outside the naturalization jurisdiction of any naturalization court located in continental United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States. The provisions of section 702 of the Nationality Act of 1940 shall not apply (1) to any person who during the Second World War is dishonorably discharged from the military or naval forces or is discharged therefrom on account of his alienage, or (2) to any conscientious objector who performed no military duty whatever or refused to wear the uniform. For the purposes of this part, the Second World War shall be deemed to have commenced on September 1, 1939.

§ 339.2 Exemptions and fees. A person described in § 339.1 may file a petition for naturalization without regard to the period of his residence within the United States or any State. No declaration of intention shall be required to be filed with the petition. The petitioner shall not be required to speak the English language, sign the petition in his own

handwriting, or meet any educational test. The provisions of sections 303 and 326 of the Nationality Act of 1940, relating respectively to racial restrictions upon naturalization and to the naturalization of alien enemies, shall not apply to petitions for naturalization filed under this part. No fee shall be collected from such petitioner for filing such petition for naturalization, for the final hearing thereon, or for the issuance of a certificate of naturalization if such petition is granted.

§ 339.3 Verification of the petition for naturalization. A petition for naturalization filed in accordance with § 339.1 shall be verified, but for no specified period of time, by at least two credible 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 therefrom as provided in § 373.2 of this chapter.

§ 339.4 Proof of service in the armed forces. The service of a petitioner for naturalization under § 339.1 in the military or naval forces of the United States may be proved either (1) by affidavits, forming a part of the petition for naturalization, of at least two credible witnesses, citizens of the United States, members or former members of the military or naval forces of the United States during the Second World War who are of the noncommissioned or warrant officer grade or rating, or higher, and who may be the same two witnesses described in § 339.3 of this part or (2) by a duly authenticated copy of the record of the Federal executive department having custody of the record of the petitioner's service.

§ 339.5 Oath of renunciation and allegiance. A petitioner for naturalization under $339.1, before being admitted to citizenship, shall take before the representative of the Immigration and Naturalization Service designated for that purpose by the Commissioner of Immigration and Naturalization the oath of renunciation and allegiance prescribed by section 335 of the Nationality Act of 1940.

§ 339.6 Renunciation of title or order of nobility. A petitioner for naturalization under § 339.1 who has borne any hereditary title or has been of any of the orders of nobility in any foreign state, before being admitted to citizen

ship, in addition to taking the oath of allegiance prescribed by § 339.5, shall make under oath before such designated representative of the Immigration and Naturalization Service an express renunciation of such title or order of nobility, and such renunciation shall be recorded as a part of such proceedings.

§ 339.7 Change of name. At the time and as a part of the naturalization of any person under the provisions of § 339.1 the designated representative of the Commissioner may upon the prayer of the petitioner included in the petition for naturalization, make a decree in his discretion changing the name of such person and issue the certificate of naturalization in accordance therewith.

§ 339.8 Procedure-(a) Petition for naturalization; form. An applicant for naturalization under § 339.1 shall make before, and file with, the designated representative of the Immigration and Naturalization Service a sworn petition in writing on Form N-411, in duplicate, signed by the applicant and duly verified by witnesses.

(b) Petition for naturalization; order and jurat of designated representative of the Immigration and Naturalization Service. The petition shall contain a certification of the petitioner's lawful admission to the United States, including its territories and possessions, and the jurat and order executed by the designated representative of the Immigration and Naturalization Service.

(c) Procedure; final hearing. If a petitioner under § 339.1 and the verifying witnesses described in § 339.3, and also the witnesses described in § 339.4 if the required service has been proved by the affidavits of witnesses, have appeared before and been examined by the designated representative of the Immigration and Naturalization Service prior to the filing of the petition for naturalization, the petitioner may be naturalized immediately.

§ 339.9 Issuance of certificate of naturalization. A member of the armed forces of the United States naturalized under the provisions of § 339.1 shall have issued to him by the designated representative of the Immigration and Naturalization Service as a part of the naturalization proceedings the original of the certificate of naturalization.

§ 339.10 Disposition of original and duplicate petitions for naturalization,

and original, duplicate, and triplicate certificates of naturalization. Petitions for naturalization filed and certificates of naturalization issued under the provisions of §§ 339.1, 339.8, and 339.9 shall be numbered in series separate from other petitions and certificates. The original and duplicate of a petition for naturalization filed under §§ 339.1 and 339.8 shall bear the same petition number and, together with the duplicate and triplicate of the certificate of naturalization, shall, after completion of action thereon by the designated representative of the Immigration and Naturalization Service, be transmitted by him direct to the Commissioner as soon as practicable. Each duplicate petition and each duplicate certificate shall therafter be transmitted by the Commissioner to the clerk of the United States District Court in the district in which the petitioner is a resident, or, if the petitioner is not a resident of any place within the jurisdiction of a United States District Court, to the Clerk of the United States District Court for the District of Columbia, Washington, D. C., and shall be filed by the clerk as a part of the records of the court. Each original petition for naturalization and triplicate certificate of naturalization shall be filed permanently by the Commissioner as a part of the records of the Immigration and Naturalization Service.

PART 347-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PUERTO RICANS

Sec.

347.3 Disposition; fee; certificate of naturalization. [Amended]

§ 347.3 Disposition; fee; certificate of naturalization.

CODIFICATION: In § 347.3 the fee prescribed in the next to the last sentence was amended to read "$8" instead of "$5," by Regulations, Acting Commissioner, Oct. 12, 1944, effective Sept. 28, 1944, 9 F.R. 12950.

PART 350-RACIAL LIMITATIONS

UPON NATURALIZATION

Sec. 350.1 Racial eligibility: general classes [Revised] 350.2 Persons of mixed racial bloods. [Revised] 350.5 Racial eligibility not required in certain classes of naturalization cases. [Revised]

SOURCE: $ 350.1, 350.2 and 350.5 contained in General Order C-46, Commissioner, Jan. 25, 1944, effective Feb. 12, 1944, 9 F.R. 1692.

§ 350.1 Racial eligibility; general classes. Except as otherwise provided in this part, naturalization under the provisions of the Nationality Act of 1940 is limited to white persons, persons of African nativity or descent, descendants of races indigenous to the Western Hemisphere, and Chinese persons or persons of Chinese descent. Whenever race is required to be designated in connection with any naturalization matter, such designation shall be made by the use of one or more of the following terms, except that where appropriate other terms may be used in cases within §§ 350.3, 350.4, or 350.5 of this part: White, African or African descent, Indian, Eskimo, Aleutian, Chinese or Chinese descent. (Sec. 303, 54 Stat. 1140, 57 Stat. 600; 8 U.S.C. and Sup., 703)

racial racial

§ 350.2 Persons of mixed bloods. A person of mixed bloods, to be eligible to naturalization within the limitations of § 350.1 of this part, must be:

(a) A person who is of as much as one-half blood of the white race, African nativity or descent, a race indigenous to the Western Hemisphere, or a combination of any such races, and is not of as much as one-half blood of any other race or combination of races, or

(b) A person who is of as much as one-half Chinese blood and is not of as much as one-half blood of a race or races ineligible to citizenship. (Sec. 303, 54 Stat. 1140, 57 Stat. 600; 8 U.S.C. and Sup., 703)

$ 350.5 Racial eligibility not required in certain classes of naturalization cases. A child may acquire citizenship under section 313 or 314 of the Nationality Act of 1940 notwithstanding his race. A person may acquire citizenship under section 701 or 702 of the Nationality Act of 1940 notwithstanding his race. (Secs. 313, 314, 701, 702, 54 Stat. 1145, 56 Stat. 182; 8 U.S.C. and Sup., 713, 714, 1001, 1002)

PART 360-CLERKS OF NATURALIZATION COURTS AND THEIR DUTIES

Sec.

360.9 Report of and accounting for spoiled and void papers. [Revised]

§ 360.9 Report of and accounting for spoiled and void papers. (a) Where a declaration of intention, petition for nat

uralization, or certificate of naturalization is damaged, mutilated, or defaced in any manner, or is executed only partially and is never actually filed by the clerk of court, the original and all copies of such paper are to be marked "spoiled" and transmitted in the manner described in § 360.3 with the monthly report of the clerk of court on Form N-4. If a number has been allotted to such a declaration of intention or petition for naturalization, that number may be assigned to the next succeeding declaration of intention or petition for naturalization, as the case may be.

(b) Where a completely executed declaration of intention or petition for naturalization is filed by a clerk of court and it later develops that such document is materially defective, it, nevertheless, must remain a part of the records of the court and the copies thereof must be disposed of as provided in § 360.3 and the fee accounted for in accordance with the provisions of §§ 360.6, 360.7, and 360.8. The district director who receives such defective paper will inform the declarant or petitioner of the defect, and, if such defective paper is a petition for naturalization, the petitioner will be further informed of the desirability of permitting the paper to be marked "void" in order that, if possible, the fee paid therefor may be refunded. At the same time such petitioner is to be informed that, if he so desires, he may exercise his right to have the petition submitted to the court for a judicial ruling, in which event no refund of the fee can be made. Where such petitioner requests that his petition be marked "void", such request shall be addressed to the Commissioner in triplicate. One copy of such request shall be attached to each copy of the petition. Clerks of courts in their "Monthly Reports" on Form N-4 and "Abstract of collections" on Form N-7, shall separately list void declarations and petitions, according to the number, if any, assigned to them, and indicate by appropriate notation that same are "void". (Secs. 337, 342, 54 Stat. 1158, 1161; 8 U.S.C. 737, 742) [Reg., effective June 24, 1944, 9 F.R. 7043]

Sec.

PART 361-OFFICIAL FORMS

361.7 Amendments of forms for petitions for naturalization. [Amended]

361.8 Discrepancies, corrections, or amendments in declarations of intention or petitions for naturalization. [Amended]

§ 361.7 Amendment of forms for petitions for naturalization. The official form for petitions for naturalization shall be altered by the clerk of court as follows:

(a) Exemption from declaration of intention. Where a declaration of intention is not required to be filed with the clerk of court at the filing of the petition for naturalization and the petition is filed on Form N-405, by striking out all of allegation 13, and, in the certification following the jurat, by striking out “together with Declaration of Intention No. of such petitioner".

(b) Exemption from certificate of arrival. Where a certificate of arrival is not required to be filed with the clerk of court at the filing of the petition for naturalization, by striking out portions as follows: (1) If petition is filed on Form N-405, in allegation 11 the words "as shown by the certificate of my arrival attached to this petition" and, in the certification following the jurat, the words "Certificate of Arrival No.

from

the Immigration and Naturalization Service, showing the lawful entry for permanent residence of the petitioner above named, together with". (2) If petition is filed on Form N-406, in allegation 11 the words "as shown by the certificate of my arrival attached to this petition" and the entire certification following the jurat. (3) If the petition is filed on Form N-410, in allegation 8 the words "as shown by the certificate of my arrival attached to this petition" and the entire certification of the clerk immediately following the jurat. (4) If the petition is filed on Form N-412, in allegation 11 the words "as shown by the certificate of my arrival attached to this petition” and the entire certification of the clerk immediately following the jurat. [Paragraphs (a) and (b) amended effective June 24, 1944, 9 F.R. 7043]

373.1 Preliminary hearings under section 333 of the Nationality Act of 1940. [Amended]

§ 373.1 Preliminary hearings under section 333 of the Nationality Act of 1940.

(d) The designated examiner or officer shall prepare in triplicate his findings and recommendations for presentation to the court on Forms N-480 or N481 for petitions recommended to be granted, on Form N-483 for petitions recommended to be continued, and on Form N-484 for petitions recommended to be denied. These findings and recommendations shall be signed by the officer in attendance at the final hearing and submitted to the judge of the court at or before the final hearing. After the final hearing has been held, an order of court shall be prepared in triplicate on Form N-482 for petitions recommended to be granted, on Form N-483 for petitions recommended to be continued, and on Form N-484-A for petitions recommended to be denied. The original order of court shall be presented for signature to the judge who presided at the final hearing.

The originals of all of the forms named in this paragraph shall be filed permanently in the court, the duplicates forwarded by the clerk of court through the appropriate field office to the Central Office, and the triplicates filed in the field office. (Secs. 333, 334 (b), 54 Stat. 1156; 8 U.S.C. 733, 734) [Paragraph (d) amended Feb. 18, 1944, effective Feb. 28, 1944, 9 F.R. 2324]

PART 379-CERTIFICATES OF CITIZENSHIP WHERE CITIZENSHIP ACQUIRED (1) BY NATURALIZATION OF PARENT, PARENTS, OR HUSBAND, OR (2) BY BIRTH ABROAD TO CITIZEN PARENT OR PARENTS Sec.

379.1 Who may apply for certificate of citizenship.

379.4 379.5 379.6

Procedure upon receipt of application. Proof.

Examination and evidence. 379.7 Record; recommendation; review. 379.8 Final disposition.

AUTHORITY: §§ 379.1 to 379.8, inclusive, issued under sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat. 675; 8 U.S.C., 727, 458. § 90.1 of this chapter. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

SOURCE: §§ 379.1 to 379.8, inclusive, contained in Regulations, Commissioner, Feb. 17, 1944, effective Feb. 28, 1944, 9 F.R. 2431.

§ 379.1 Who may apply for certificate of citizenship. Any person who claims to have derived United States citizenship through the naturalization of a parent or parents or through the naturalization or citizenship of a husband or any person who claims to be a citizen of the United States by virtue of the United States citizenship of his parent or parents at the time of his birth outside the United States, may apply to the Commissioner for a certificate of citizenship. (Sec. 339, 54 Stat. 1160, as amended by sec. 3, act of Jan. 20, 1944, Pub. Law 221, 78th Cong.; 8 U.S.C. 739)

§ 379.2 Application for certificate; form; fee. Where the applicant claims to have derived United States citizenship through the naturalization of a parent or parents or through the naturalization or citizenship of a husband, application for a certificate of citizenship shall be made by the applicant on Form N-600. Where the applicant claims to be a citi