Page images
PDF
EPUB

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.

§ 50.53 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. § 50.54

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.

$ 50.55 Appeal by applicant.

When an applicant is denied a certificate of identity, he may appeal by a written statement to the Secretary of State, setting forth fully the pertinent facts and the grounds upon which United States nationality is claimed and his reasons for considering that the denial of his application by the diplomatic or consular officer is not justified. The statement shall be executed in quadruplicate and submitted to the diplomatic or consular office in which the denial was made. If the statement contains facts not set forth in the application it shall be sworn to (or affirmed) by the applicant before a diplomatic or consular officer of the United States. The original statement and one copy shall be forwarded by the diplomatic or consular officer to the Department of State with two copies of the

application for the certificate of identity and any documentary evidence submitted by the applicant, if the copies have not already been sent to that Department. One copy of the statement shall be retained in the files of the diplomatic or consular office in which the denial was made and one copy returned to the applicant. If it is not practicable for the statement to be sworn to or affirmed by the applicant in the diplomatic or consular office in which the denial was made, it may be sworn to or affirmed in any other diplomatic or consular office of the United States. In such case, the original and two copies of the statement shall be forwarded by that office to the diplomatic or consular office in which the application was denied, but if that is not practicable they shall be sent directly to the Department of State. One copy shall be returned to the applicant.

§ 50.56 Certificate of identity obtained by fraud or other illegality.

Whenever a certificate of identity is found by a diplomatic or consular officer of the United States to have been obtained by fraud or other illegality, or to be in the possession of a person other than the rightful holder, such officer shall, if practicable, obtain possession of the certificate and send it, together with a report on the matter, directly to the Department of State.

§ 50.57 Repeal of section 503, and savings clause.

Section 503 of the Nationality Act of 1940 was repealed by section 403 (a) (42) of the Immigration and Nationality Act of 1952. However, section 405 (a) of that act provides in part as follows:

Nothing contained in this Act, unless otherwise specifically provided therein, shall be construed to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization, certificate of citizenship, warrant of arrest, order or warrant of deportation, order of exclusion, or other document or proceeding which shall be valid at the time this Act shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, done or existing, at the time this Act shall take effect; but as to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters the statutes or parts of statutes repealed by this Act are, unless otherwise specifically provided therein, hereby continued in force and effect.

[blocks in formation]
[blocks in formation]
[blocks in formation]
[blocks in formation]

§ 51.13

Minor child who will attain majority within 2 years.

A minor child who will attain majority within 2 years may be included in a passport issued to a parent under the conditions stated in §§ 51.7-51.13 but such passport shall be limited in validity to the date when such minor child shall attain majority. In the discretion of the Secretary of State an exception may be made to this section when the minor child will attain majority within a period not exceeding 3 months prior to the date of the expiration of the usual 2-year period for which a passport is issued.

[blocks in formation]

Before a passport is issued to any person by or under the authority of the United States such person shall subscribe to and submit a written application duly verified by his oath before a person authorized and empowered to administer oaths, and each application shall contain a true recital of each and every matter of fact which may be required by law, or by any rules authorized by law, to be stated as a prerequisite to the issuance of any such passport (Sec. 1, 40 Stat. 227; 22 U.S.C. 213).

§ 51.15 Application to be executed in

person.

The application must be executed in person before a clerk of a Federal court or a State court authorized by the act of June 29, 1906, 34 Stat. 596,' to naturalize aliens, or before an agent of the Department of State within the jurisdiction in which the applicant or the witness to his application resides. However, if, for valid reason, the application is executed before such an official elsewhere, the Secretary of State may in his discretion accept such application.

§ 51.16 Seal of court or agency to be affixed.

When the application is executed before a clerk of court, the seal of the court must be affixed to the application. When the application is executed before an agent of the Department of State the seal of the agency of the Department of State must be affixed to the application.

§ 51.17 Application not made at or near residence of applicant.

When the application for a passport is not made at or near the place where the applicant resides, the applicant should give the name and address of a reputable person residing at or near the place of the applicant's residence, to whom the clerk of court, the agent of the Department of State, or the Department of State itself, may address such inquiry as may be necessary concerning the applicant. When it is necessary to make inquiries by telegraph the expense thereof shall be borne by the applicant.

[blocks in formation]

NAMES AND TITLES

§ 51.18 Full name of applicant.

The passport application shall contain the full name of applicant, thus "John Henry Smith," not "J. H. Smith." A married woman's name should, ordinarily, be written thus: "Mary Elizabeth Doe," not "Mrs. John Doe."

§ 51.19 Change of name.

An applicant whose name has been changed by order or decree of a court should submit with his application a certified copy of such order or decree. An applicant who has changed his name by the adoption of a new name without formal court procedure, if he resides in a State where a formal court procedure is not necessary, should submit with his application the affidavits of two or more persons to the effect that he uses the new name exclusively, has used it exclusively for a stated period of time, and is known by such name in the community in which he resides.

[blocks in formation]

If an applicant desires to use a professional name, he must submit affidavits of two or more persons to the effect that the applicant has used the professional name for a stated period of time. A married woman who uses her maiden name for professional purposes must submit affidavits of two or more persons to the effect that she has used such name for professional purposes for a stated period of time. In the case of an applicant using a professional name, his passport will be written thus: "John Henry Jones (professionally known as Thomas Augustus Smith)." In the case of a married woman using her married name, and also her maiden name as a professional name, the passport will be written thus: "Mary Doe (professionally known as Mary Roe)," and an applicant's name in religion or an author's nom de plume will be similarly written.

« PreviousContinue »