the facts. (Sec. 1, 46 Stat. 1511; 8 U.S.C. 397) [7-D-6, Nat. R. & Regs., as amended by G.O. 251, Sept. 29, 1937, 2 F.R. 2069]

76.12 Native of United States naturalized abroad before March 3, 1931; certificate of examiner required. Any native of the United States eligible to citizenship who established permanent residence in a foreign country prior to January 1, 1917, and became naturalized under the laws of such country, and who returned to and was lawfully admitted to the United States for permanent residence prior to March 3, 1931, may be naturalized by a court exercising naturalization jurisdiction over his place of residence. Such person is required to make and file the usual declaration of intention, and may file petition for naturalization after six months from the date of the declaration of intention. The required residence for six months within the county must be proved, but residence for five years in the United States is not required. The petition may be heard at any time after filing, except within the period of thirty days preceding any election general to the jurisdiction of the court, if the applicant has appeared before a naturalization examiner for examination and a certificate from the examiner on Form 2800 is attached to the petition at the time of filing. Compliance with all other applicable provisions of the naturalization law and regulations is required.** (Sec. 3, 46 Stat. 1511; 8 U.S.C. 372a) [7-D-7]

76.13 Residence-(a) Effect of absence from the United States for not exceeding six months. Where a petitioner for naturalization has been absent from the United States for not more than six months during the period immediately preceding the date of filing the petition for which continuous residence is required, objection to the granting of naturalization will not be made on that ground unless the facts and circumstances indicate a break in the continuity of the required residence, in which case objection shall be made.

(b) Effect of absence from the United States more than six months but less than one year. Where the absence during such period has been for more than six months and less than one year in the country of the petitioner's allegiance, objection shall be made unless the evidence satisfactorily overcomes the presumption raised by the statute that the required continuity of residence has been broken.

(c) Effect of absence from the United States for one year or more. Where the absence from the United States during such period has been for a continuous period of one year or more, objection shall be made, unless the requirements of §§ 76.14-76.16 are complied with, as otherwise the law itself declares that such an absence breaks the continuity of the required residence.

(d) When objection overruled; procedure. If objection made under this section is overruled, exception shall be noted and the facts reported immediately to the Central Office.** (Sec. 6 (b), 45 Stat. 1513; 8 U.S.C. 382) [7-E-1]

76.14 Residence, when not affected by absence from the United States. No period of residence outside the United States shall break the continuity of residence in the case of an alien declarant, if prior

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**For statutory and source citations, see note to § 76.1.

to the beginning of such period (whether such period begins before or after the departure from the United States) the alien establishes to the satisfaction of the Secretary of Labor that such absence is to be (a) On behalf of the Government of the United States and while he is employed by, or under contract with, such Government; or

(b) For the purpose of carrying on scientific research on behalf of an American institution of research recognized as such by the Secretary of Labor and while he is employed by, or under contract with, such institution; or

(c) For the purpose of engaging in the development of foreign trade and commerce of the United States as an employee of an American firm or corporation or subsidiary thereof engaged in whole or in part in the development of such trade and commerce; or

(d) Necessary to the protection of the property rights of such firm or corporation in any foreign country or countries; and if at the hearing on his petition for naturalization the alien proves to the satisfaction of the court that the absence from the United States for such period was for the purpose which was established to the satisfaction of the Secretary of Labor.** (Sec. 6 (b), 45 Stat. 1513, sec. 1, 49 Stat. 1925; 8 U.S.C. 382 and Sup.) [7-E-2]

76.15 Residence, when not affected by absence from the United States before June 25, 1936. No period of residence outside the United States during the five years immediately preceding June 25, 1936, shall be held to have broken the continuity of residence required by the naturalization laws if the alien proves to the satisfaction of the Secretary of Labor in the manner provided in §§ 76.14-76.16, and also to the satisfaction of the court that during all such period of absence he was under employment by, or contract with, the United States Government, or such American institution of research, or American firm or corporation, described in § 76.14, and carried on any of the activities described therein.*t (Sec. 6 (b), 45 Stat. 1513, sec. 2, 49 Stat. 1925; 8 U.S.C. 382, 382a, and Sup.) [7-E-3]

76.16 Application for authorization of absence; procedure. Application for the benefits of § 76.14 or § 76.15 shall be submitted in duplicate to the Secretary of Labor on Form 2363, "Application for the benefits of the Act of June 25, 1936 (49 Stat. 1925; 8 U.S.C., Sup. III, 382, 382a)," which will be duly considered by the Secretary of Labor and the alien notified of the decision thereon. A copy of such decision, verified or certified by the Commissioner of Immigration and Naturalization or any Deputy Commissioner of Immigration and Naturalization, shall be filed in the naturalization court with the alien's petition for naturalization as a part of the record of the naturalization proceeding.*t [7-E-4, 5]

76.17 Declaration of intention of deceased declarant filed with petition of widow or child. Where a petition for naturalization is executed by the widow and minor children of a deceased alien, who, prior to 12 noon, E. S. T., May 24, 1934, had the right or privilege of petitioning for naturalization under what was the sixth subdivision of section 4 of the Act of June 29, 1906 (34 Stat. 598; 8 U. S. C. 375) and who declared his intention to become a citizen

**For statutory and source citations, see note to § 76.1.

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of the United States, such declaration of intention or a certified copy thereof shall be filed with and made part of the petition for naturalization.* (Sec. 4 (6), 34 Stat. 598, sec. 5, 48 Stat. 798; 8 U.S.C. 375) [7-F-1, Nat. R. & Regs., as amended by G.O. 211, Aug. 2, 1934] 76.18 Petition of misinformed persons to be supported by affidavit. A petition for naturalization executed and filed pursuant to the provisions of the tenth subdivision of section 4 of the Act of June 29, 1906, as amended (47 Stat. 166; 8 U.S.C. 377), must be supported by the affidavit of the petitioner (Form 146). Such affidavit shall be executed in triplicate and the original, duplicate, and triplicate thereof shall be attached to the original, duplicate, and triplicate of the petition for naturalization.*+ [7-F-2]

Sec.

PART 77-CERTIFICATE OF NATURALIZATION

77.1 Blank certificates furnished clerks of court; execution and issuance of certificates.

Sec.

77.4 Oath of allegiance required by the naturalization laws.

77.5 Renunciation of title or order of nobility; when part of oath. Orders listed granting or denying petitions; forms; disposition.

77.6

77.2 Certificate; when and by whom issued; disposition of duplicate. 77.3 Change of name; endorsement made by clerk on certificate. Section 77.1 Blank certificates furnished clerks of court; execution and issuance of certificates. Blank certificates of naturalization will be transmitted to clerks of courts either directly by the Central Office or through the local naturalization officers, as conditions require. The clerk of the court will receipt for such certificates upon receipt cards provided by the Central Office. Certificates of naturalization shall be fully executed and signed in his own handwriting in duplicate by the clerk, and he shall enter on the stub of each certificate so issued a memorandum of all the essential facts as set forth in such certificate. Both copies of the certificate in any case, including the stubs, will, wherever possible, be written at the same operation, with the use of carbon paper, on a typewriter. The original certificate and its stub are separated by perforations. The stub will be removed and retained by the clerk of court and may be filed in an upright card file, or in a 3- by 5-inch card drawer by trimming to that size. The duplicate certificates shall not be separated from their stubs but shall be forwarded at the proper time with all other duplicate papers. Every care must be exercised to prevent the loss or misplacement of any certificate of naturalization.** (Secs. 3, 12, 34 Stat. 596, 599; 8 U.S.C. 408, 400, 401) [8-A-1]

**88 77.1 to 77.6, inclusive, issued under the authority contained in sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

††The source of §§ 77.1 to 77.6, inclusive, is Naturalization rules and regulations, I&NS, Dec. 1, 1936.

77.2 Certificate; when and by whom issued; disposition of duplicate. Where a final order admitting the petitioner to citizenship has been duly signed by a judge, a certificate of naturalization shall be issued by the clerk to such petitioner, and the duplicate of

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**For statutory and source citations, see note to § 76.1.

such certificate shall be disposed of as provided in §§ 71.5–71.7.*† (Secs. 9, 12, 34 Stat. 599; 8 U.S.C. 398, 400) [8-A-2]

77.3 Change of name; endorsement made by clerk on certificate. Where the name of the petitioner has been changed by order of court as a part of the naturalization, the clerk shall make, date, and sign the following endorsement on the reverse side of the origi nal and duplicate of the certificate of naturalization: "Name changed by decree of court from as a part of the naturalization", inserting in full the original name of the petitioner. A similar notation shall be made on the stub of the original certificate. The certificate of naturalization shall be issued and the stub thereof signed according to the name as changed.** (Sec. 6, 34 Stat. 598; 8 U.S.C. 396) [8-B-1, 2]

77.4 Oath of allegiance required by the naturalization laws. Before an applicant for naturalization may be admitted to citizenship and a certificate of naturalization issued, the applicant shall take in open court and subscribe to the following oath of allegiance: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to

of whom (which) I have heretofore been a subject (or citizen); that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely without any mental reservation or purpose of evasion: So help me God. In acknowledgment whereof I have hereunto affixed my signature."** (Sec. 4 (3), 34 Stat. 597; 8 U.S.C. 381) [8-C-1]

77.5 Renunciation of title or order of nobility; when part of oath. In case the applicant for naturalization has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he shall add to the oath of allegiance taken by him whichever of the following declarations is appropriate: "I further renounce the title of (give title or titles) which I have heretofore held." Or, "I further renounce (give order of nobility) of which I have heretofore been a member."*+ (Sec. 4 (5), 34 Stat. 598; 8 U.S.C. 386) [8-C-2]

77.6 Orders listed granting or denying petitions; forms; disposition. There shall be furnished by the Immigration and Naturalization Service loose leaf sheets Form 2228, "Citizenship Petitions Granted", and Form 2229, "Citizenship Petitions Denied", for use in making lists of petitions in the various naturalization courts on which to enter orders granting or denying petitions, respectively, in those courts where the fourteenth subdivision of section 4 of the Act of June 29, 1906, as amended (44 Stat. 709; 8 U.S.C. 399a), is not in effect. Such forms shall be prepared in triplicate and dated, the original and duplicate copies for the signature of the court. The original lists, after being dated and signed by the court, will be bound in covers to be furnished by the Commissioner of Immigration and Naturalization, and retained as a part of the permanent records of the court. The duplicate and triplicate copies of the lists will be **For statutory and source citations, see note to § 77.1.

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transmitted by the clerk of court to the proper district director or divisional director immediately after each final hearing for which they were prepared. The triplicate lists will be retained by the district director or divisional director and the duplicates forwarded to the Central Office.** (Sec. 9, 34 Stat. 599; 8 U.S.C. 398) [8-D-1]

PART 78-THE VIRGIN ISLANDS OF THE UNITED STATES

78.1 Renunciation of Danish allegiance. 78.4 Naturalization laws applicable to 78.2 Form and procedure for renouncing alien residents of Virgin Islands.

Danish allegiance.

78.3 Citizenship in United States; when acquired; certificate not author

ized.

Section 78.1 Renunciation of Danish allegiance. Under the last clause of subdivision (a) of section 1, Act of February 25, 1927 (44 Stat. 1234; 8 U.S.C. 5b), any former Danish citizen who desires to make declaration to renounce the Danish allegiance he has preserved may do so in any court of record, regardless of whether it is authorized to exercise naturalization jurisdiction.**it [9-A-1]

**$$ 78.1 to 78.4, inclusive, issued under the authority contained in sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

The source of §§ 78.1 to 78.4, inclusive, is Naturalization rules and regulations, I&NS, Dec. 1, 1936.

78.2 Form and procedure for renouncing Danish allegiance. The form for the declaration of renunciation of Danish citizenship should be designed and prescribed by the court of record in which the Danish citizen desires to proceed. The usual procedural requirements of the Act of June 29, 1906, as amended, do not apply to cases under section 1 (a), Act of February 25, 1927 (44 Stat. 1234; 8 U.S.C. 5b). The fee in connection with the proceeding will be fixed by the court or the clerk thereof according to the law or rules of court regulating and prescribing fees in the particular court, and no accounting therefor is required to be made to the Immigration and Naturalization Service.*** [9-A-2]

78.3 Citizenship in United States; when acquired; certificate not authorized. Immediately upon making the declaration of renunciation before a court of record of the preserved Danish allegiance theretofore retained, the declarant will become a United States citizen. No certificate of naturalization or of citizenship shall be issued to any person obtaining, or who has obtained, citizenship under section 1 of the Act of February 25, 1927 (44 Stat. 1234, 47 Stat. 336; 8 U.S.C. 5b), conferring citizenship upon certain inhabitants of the Virgin Islands.** [9-A-3, 4]

78.4 Naturalization laws applicable to alien residents of Virgin Islands. Aliens residing in the Virgin Islands of the United States who are desirous of becoming naturalized must comply in all respects with the provisions of the general naturalization laws.**it [9-B-1]

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*For statutory and source citations, see note to § 77.1. ***For statutory and source citations, see note to § 78.1.