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PART 79—NATURALIZATION PAPERS REPLACED; NEW CERTIFICATE IN CHANGED NAME; VALIDATION OF CERTAIN CERTIFICATES

Sec.

Sec, 79.1 Replacement of a lost, mutilated, 79.5 New papers; by whom issued ;

or destroyed naturalization paper. forms; numbering. 79.2 Changed name; new certificate of 79.6 Validation of certificates of natucitizenship issued.

ralization granted veterans ineli79.3 Application for new papers; forms; gible because of race; procedure.

procedure; fees. 79.4 Application for new papers; sur

render of old; investigation ;

proof required. Section 79.1 Replacement of a lost, mutilated, or destroyed naturalization paper. An alien whose declaration of intention, or a naturalized citizen (regardless of the date of the naturalization), whose certificate of naturalization has been lost, mutilated, or destroyed, may apply for a new declaration or certificate in lieu thereof. Such application shall be made on Form 2600.*+ (Sec. 9, 45 Stat. 1515; 8 U.S.C. 399b (a)) (10-A-1]

*88 79.1 to 79.6, 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 88 79.1 to 79.6, inclusive, is Naturalization rules and regulations, I&NS, Dec. 1, 1936.

79.2 Changed name; new certificate of citizenship issued. A naturalized citizen whose name has been changed after naturalization, by order of court or by marriage, may apply for a new certificate of citizenship in the changed name. Such application shall be made on Form 2600–A.*+ (Sec. 4, 47 Stat. 165; 8 U.S.C. 399b (c)) (10-A-2]

79.3 Application for new papers; forms; procedure; fees. The applicant shall fill out properly, sign, make oath to, and forward the required application to the district director having administrative supervision over the territory in which the applicant resides. The application shall be accompanied by two photographs of the applicant in accordance with Part 74. An application on Form 2600 shall • also be accompanied by the statutory fee of one dollar, except that no fee is required of an applicant who was an alien veteran as defined in section 1 of the Act of May 26, 1926 (44 Stat. 654; 8 U.S.C. 241). An application on Form 2600-A shall be accompanied by the statutory fee of five dollars. The required fee shall be in the form of a money order made out "Payable to the order of the Commissioner of Immigration and Naturalization, Washington, D. C."** (Sec. 9, 45 Stat. 1515, sec. 4, 48 Stat. 597, sec. 4, 47 Stat. 165, sec. 2, 48 Stat. 597; 8 U.S.C. 399b (a), (c)) [10-A-3]

79.4 Applications for new papers; surrender of old; investigation; proof required. A most thorough investigation shall be made by the Service of the facts before the application is forwarded to the Central Office. The officer making the investigation will satisfy himself that the applicant is the individual to whom the naturalization record relates and, in the case of an alleged lost, mutilated, or destroyed

**For statutory and source citations, see note to § 79.1.

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paper, that such paper is beyond recovery, and that it has not been and will not be put to any illegal or improper use. All mutilated naturalization papers shall be surrendered to the Service. In the case of an application for a new certificate in a changed name, the application shall be accompanied by appropriate documentary evidence of such change. Every applicant for a certificate under $8 79.1–79.5, will be required to satisfy the Service that he has not expatriated himself subsequent to the date he claims to have acquired United States citizenship.** (Sec. 9, 45 Stat. 1515, sec. 4, 47 Stat. 165; 8 U.S.C. 399b (a), (c)) (10-A-4]

79.5 New papers; by whom issued; forms; numbering. If the application be approved, the new naturalization paper shall be issued by the Commissioner of Immigration and Naturalization, and not by the clerk of court. Any new declaration of intention shall be upon Form 2601 or 2602 and any new certificate of naturalization

of citizenship upon Form 2603 or 2603-A. A new paper issued under 88 79.1–79.5, shall be numbered to correspond with the number of the paper which it replaces. Certificates issued to evidence naturalizations which occurred prior to September 27, 1906, shall be consecutively numbered, the number being preceded by the letters “OL."** (Sec. 9, 45 Stat. 1515, sec. 4, 47 Stat. 165; 8 U.S.C. 399b (a), (c)) [10-A-5]

79.6 Validation of certificates of naturalization granted veterans ineligible because of race; procedure. Any alien veteran eligible to be naturalized under section 1, Act of June 24, 1935 (49 Stat. 397; 8 U.S.C., Sup., 392e), to whom a certificate of naturalization was granted and issued by a naturalization court, notwithstanding the racial limitations contained in R.S. 2169 (8 U.S.C. 359), or section 14, Act of May 6, 1882 (22 Stat. 61; 8 U.S.C. 363), prior to June 24, 1935, may apply to the Commissioner of Immigration and Naturalization to have such certificate of naturalization validated insofar as concerns his race. Application for such validation shall be made on Form No. 2900 and submitted to the district director within whose jurisdiction the applicant resides. Upon its receipt the district director shall cause the application to be investigated with care 'to determine whether the applicant is the individual who was naturealized, and whether his certificate of naturalization is one which may

be validated under the terms of such Act of 1935. The investigation must include, among other things, a personal interrogation of the applicant and available witnesses. The application, certificate of naturalization, any sworn statements and other supporting evidence shall be submitted to the Central Office with the district director's recommendation, for official verification of the applicant's service with the armed forces and for stamping the certificate with a declaration of its validity under the Act of June 24, 1935, if found to be within the terms of section 2 of said Act.** (Sec. 2, 49 Stat. 398; 8 U.S.C., Sup., 392f) [10-B-1]

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**For statutory and source citations, see note to $ 79.1.

PART 80-DERIVATIVE CITIZENSHIP

Sec.

Sec. 80.1 Application for certificate; proce. 80.3 Certificate; by whom issued; mandure; form; fee.

ner of delivery; oath; receipt. 80.2 Investigation of applicants for cer

tificate; proof required. Section 80.1 Application for certificate; procedure; form; fee. Any individual in the United States over 21 years of age who claims to have derived United States citizenship through the naturalization of a parent, or a husband, and who desires to secure a certificate evidencing such citizenship shall fill out properly, sign, make oath to, and forward application Form No. 2400 to the district director having administrative supervision over the territory in which the applicant resides. This form shall be accompanied by two photographs of the applicant in accordance with Part 74, and the statutory fee of five dollars in the form of a money order, made out "Payable to the order of the Commissioner of Immigration and Naturalization, Washington, D. C.” (Sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356: interprets sec. 9, 45 Stat. 1515, sec. 5, 47 Stat. 166, sec. 2, 48 Stat. 597; 8 U.S.C. 399c (a)) [11-A-1, Nat. R. & Regs., Dec. 1, 1936]

80.2 Investigation of applicants for certificate; proof required. The application (Form 2400) must present a prima-facie case. If it does not do so, it shall be immediately returned by the field service to the applicant with information as to the defects, and the fee accounted for as hereinafter required. The verification of the arrival of the applicant will be made in the usual manner. The verification of the facts of naturalization, if on or after September 27, 1906, will be made by communicating with the Central Office. If prior to that date, verification of naturalization will be made by the field service through personal inspection of the court records. After verification of the facts of arrival and naturalization, each such application on Form 2400 shall be investigated with the utmost care and thoroughness. This investigation must include, among other things, a personal interrogation of the applicant and any relatives or other necessary witnesses, the most searching investigation to establish the authenticity of birth, marriage, or other records, and the establishment of identity. The applicant and any persons testifying in support of the application shall first be sworn, then interrogated, and the result of the examination reduced to writing in question and answer form. Upon conclusion of the field investigation, the examiner who conducts it shall submit to the district director through the usual channels his report on Form 2401, containing a separate finding upon each essential point involved in the application, accompanied by the application (Form 2400), the two photographs, and any other necessary papers, all of which shall be transmitted by the district director to the Central Office. Every applicant for a certificate under this part will be required to satisfy the Service that he has not expatriated himself subsequent to the date he claims to have acquired United States citizenship. (Sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356: interprets sec. 9, 45 Stat. 1515, sec. 5, 47 Stat. 166; 8 U.S.C. 399c (a)) [11-B-1]

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80.3 Certificate; by whom issued; manner of delivery; oath; receipt. The certificate of derivative citizenship, if granted, shall be issued by the Commissioner of Immigration and Naturalization and shall be forwarded to the field service for personal delivery to the applicant after administering the oath of allegiance required by the naturalization laws and regulations, and receiving the applicant's signed receipt for the certificate. The applicant must be in the United States at the time the certificate is delivered to him. (Sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356: interprets sec. 9, 45 Stat. 1515; séc. 5, 48 Stat. 166; 8 Ú.S.C. 399C (a) [11-B-2, Nat. R. & Regs., Dec. 1, 1936]

PART 81-SPECIAL CERTIFICATE OF CITIZENSHIP

may

Sec.

Sec. 81.1 Application; who make; 81.2 Investigation of application for form; fee.

special certificate. Section 81.1 Application; who may make; form; fee. Any naturalized citizen who desires to secure a special certificate of citizenship for the purpose of obtaining recognition as a citizen of the United States of America by the country of such citizen's former allegiance shall fill out properly, sign, and mail direct to the Commissioner of Immigration and Naturalization application Form No. 2500. Such application shall be accompanied by two photographs of the applicant signed by him and the statutory fee of five dollars in the form of a money order “Payable to the order of the Commissioner of Immigration and Naturalization, Washington, D. C.” (Sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356: interprets sec. 9, 45 Stat. 1515, sec. 2, 48 Stat. 597; 8 U.S.C. 399b (b)) [12-A-1, Nat. R. & Regs., Dec. 1, 1936]

81.2 Investigation of application for special certificate. After the naturalization of the applicant has been verified, the Commissioner of Immigration and Naturalization may, if deemed necessary, transmit the application to the appropriate district director for investigation as to the essential facts, including identity and continuance of American citizenship from the date of the alleged naturalization. The examiner's report containing his findings and recommendation, together with all necessary documents and papers, shall be forwarded by the district director to the Commissioner of Immigration and Naturalization. Every applicant for a certificate under this part will be required to satisfy the Service that he has not expatriated himself subsequent to the date he claims to have acquired United States citizenship. (Sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U 356: interprets sec. 9, 45 Stat. 1515; 8 U.S.C. 3996 (b)) [12-A-2, Nat. R. & Regs., Dec. 1, 1936]

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PART 82-CERTIFICATE OF REPATRIATION

Sec.

Sec. 82.1 Application for; who may make; 82.2 Investigation; certificate; by whom procedure; form; fee.

issued ; delivery; receipt; proof. Section 82.1 Application for; who may make; procedure; form; fee. An individual while in the United States who resumes United States citizenship under the provisions of the twelfth subdivision of section 4 of the Act of June 29, 1906, as amended (40 Stat. 545, 46 Stat. 791; 8 U.S.C. 18), and who desires to secure a certificate evidencing such citizenship, shall fill out properly, sign, and forward application Form No. 2700 direct to the Commissioner of Immigration and Naturalization, Washington, D. C. Such application shall be accompanied by two photographs of the applicant in accordance with Part 74 and the statutory fee of one dollar in the form of a money order "Payable to the order of the Commissioner of Immigration and Naturalization, Washington, D. C.” (Sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356) [13-A-1, Nat. R. & Regs., Dec. 1, 1936]

82.2 Investigation; certificate; by whom issued; delivery; receipt; proof. The Commissioner of Immigration and Naturalization may, if deemed necessary, transmit the application referred to in § 82.1 to the appropriate district director for investigation. Upon proof, to the satisfaction of the commissioner, that the applicant resumed United States citizenship as claimed, the certificate of repatriation shall be issued and delivered to the applicant in person upon his signed receipt therefor, provided that the applicant is then in the United States. Every applicant for a certificate under this part will be required to satisfy the Service that he has not, since he acquired United States citizenship, lost such status in a manner other than the way specified in the twelfth subdivision of section 4 of the Act of June 29, 1906, as amended. (Sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356: interprets 46 Stat. 791; 8 Ú.S.C. 18) [13-A-2, Nat. R. & Regs., Dec. 1, 1936]

PART 83–CERTIFICATION OF NATURALIZATION

RECORDS

Sec.

Sec. 83.1 Application for certification of rec- 83.3 Certification of declaration of inords; form.

tention; photographs required. 83.2 Application for certification of rec- 83.4 Clerk of court; when authorized to ords; contents.

certify naturalization records. Section 83.1 Application for certification of records; form. Application may be made on Form 2605 to the Commissioner of Immigration and Naturalization for certification of a naturalization record of any court, or any part thereof, or of any certificate of citizenship, for use in complying with any statute, either Federal or State, or in any judicial proceeding. The applicant shall fill out properly, sign, make oath to, and forward the application to the Commissioner of

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