turn his unused passport to the Department of State within 6 months from the date of issue of the passport and submit therewith a signed request for refund. The request must contain a statement to the effect that he has applied for a visa and that the visa has been refused, and should state the reasons, if any, assigned for the refusal of the visa. If such person has received a statement in writing from a foreign official refusing to visa his passport, the statement should be submitted to this Department as evidence of the refusal of the visa.**

31.30 Fees erroneously collected. Section 3 of the Act of July 3, 1926 (44 Stat. 887; 22 U.S.C. 214a), provides in part as follows: That whenever a fee is erroneously charged and paid for the issue of a passport to a person who is exempted from the payment of such a fee by section 1 of "An Act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June 30, 1921," approved June 4, 1920 (Forty-first Statutes, page 750), the Department of State is hereby authorized to refund to the person who paid such fee the amount thereof, and the money for that purpose is hereby authorized to be appropriated.

When a fee has been erroneously collected from any person who is exempted from the payment of the fee for the issue of a passport, he or she may submit the matter in writing to the Department of State and at the same time submit such evidence as is required by the Rules Governing the Granting and Issuing of Passports in the United States to show that he or she is exempted from the payment of such fee.**†

**88 31.30 to 31.34, inclusive, issued under the authority contained in Executive Order 7856, Mar. 31, 1938, 3 F.R. 681.

CROSS REFERENCE: For rules governing the granting and issuing of passports, see Part 33.

31.31 Inquiries concerning applications submitted. The Department of State will act upon applications as promptly as possible after their receipt. Inquiry concerning applications should be made only in cases of emergency, since the time consumed in responding to such inquiries necessarily retards the examination of applications. However, in such emergency cases inquiry should be made directly to the Department of State by the applicant.**†

31.32 Applications to be submitted sufficiently far in advance. Application should be submitted sufficiently far in advance of the date upon which a passport is required to permit the Department to communicate, when necessary, with the applicant or other persons concerning the citizenship of the applicant or with respect to any defects which may appear in the application or any further information concerning the applicant which the Department may deem necessary.***

31.33 Address of communications. Communications should be addressed to the Department of State, Passport Division, Washington, D. C. Each communication should give the post office address of the person to whom the answer is to be directed.***

31.34 Applications to be made out completely on most recent forms. Application for passports should be made on the most recent

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*For statutory citation, see note to § 31.26. **For statutory citation, see note to § 31.30.

form or forms prepared by the Department of State and should contain complete information called for in such form or forms.*†

PART 33-PASSPORTS; RULES

33.7 Citizens of the United States or 33.34 Documentary evidence of object

33.11 Minor grandchild, niece, or 33.36 Renewal; documentary evidence

*For statutory citation, see note to § 31.30.

applicant.

33.50 Statement from War Department 33.64 Application including husband of giving name of deceased soldier, sailor, or marine, and place of burial.

Evidence of citizenship to accom-
pany applications for passports

33.51 Birth certificate.

33.52 Evidence of birth in United States
of father of applicant born
abroad.
33.53 Reference to application for pass-
port previously issued.
33.54 Person born abroad after noon,
Eastern Standard Time, May 24,
1934, of mother born in United
States.
33.55 Person born abroad after noon,
Eastern Standard Time, May 24,
1934, of parents born in United
States.

33.56 Person born abroad whose father,
born abroad, acquired American
citizenship at birth.
33.57 Person born abroad after noon,
Eastern Standard Time, May 24,
1934, whose mother, born abroad,
acquired American citizenship
at birth.
33.58 Person born abroad claiming citi-
zenship at birth through parent
naturalized as citizen.
33.59 Person naturalized in his own

right.

33.60 Child of naturalized citizen.
33.61 Reference to application for pass-
port previously issued.

33.62 Adopted alien child.
33.63 Application including wife of
applicant.

33.65 Further information concerning American citizenship.

Evidence of citizenship to accom

pany a woman's application for
a passport

33.66 American-born women.
33.67 Evidence of husband's citizen-
ship.

33.68 American citizenship lost by mar-
Alien-born women.
riage to alien.
Additional evidence of American
citizenship.

33.69
33.70

CROSS REFERENCES

Citizenship regulations relating to passports: See §§ 79.150-79.172.
Passport rules: See Part 31.

Section 33.1 Authority to issue passports. Only the Secretary of State may grant and issue passports in the United States.*+ (R.S. 4078; 22 U.S.Č. 219) [Par. 1]

*88 33.1 to 33.78, inclusive, issued under the authority contained in sec. 1, 44 Stat. 887; 22 U.S.C. 211a.

The source of §§ 33.1 to 33.78, inclusive, is Executive Order 7856, Mar. 31, 1938, 3 F.R. 681.

TO WHOM PASSPORTS ARE ISSUED

33.2 Passports issued only to those owing allegiance to United States. No passport shall be granted or issued to any other persons than those owing allegiance, whether citizens or not, to the United States.** (Sec. 2, 32 Stat. 386; 22 U.S.C. 212) [Par. 2]

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*For statutory and source citations, see note to § 33.1.

33.3 Minors; application for passport. Unless a request is made by the parental or other guardian that a passport be denied, passports may be issued to minors upon their own application.** [Par. 3]

33.4 Minors; execution of application. Children may execute applications in their own behalf when of sufficient intelligence to understand the statements, and the meaning of the oath of allegiance to the United States, contained in the applications.*+ [Par. 4]

33.5 Children 12 years of age. As a rule, children of 12 years of age or more should be required to execute their own applications for passports.*i [Par. 5]

33.6 Parents or guardians may execute applications. If circumstances warrant, a parent or guardian may execute applications for passports on behalf of minors of any age. The application should be signed thus: "Richard Roe, by John Roe, father." The oath of allegiance to the United States need not be administered.*t [Par. 6]

PERSONS WHO MAY BE INCLUDED IN ONE PASSPORT

33.7 Citizens of the United States or those owing allegiance. Only persons who are citizens of, or who owe allegiance to, the United States may be included in a passport of the United States.*+ [Par. 7] 33.8 Husband and wife. A passport issued to a husband or wife may include his or her spouse.*t* [Par. 8]

33.9 Parent and unmarried minor children. A passport issued to a parent may include his or her unmarried minor children or stepchildren.*t [Par. 9]

33.10 Minor brother or sister. A minor brother or sister may be included in the passport of an older brother or sister.*† [Par. 10] 33.11 Minor grandchild, niece, or nephew. A minor grandchild, niece, or nephew of tender years may be included in the passport of the relative when the application there for is accompanied by a request from the parental or other guardian.*† [Par. 11]

33.12 Adopted children. Adopted children who are American citizens may be included in a passport issued to the adoptive parents.* [Par. 12]

CROSS REFERENCE: For regulations regarding citizenship of adopted alien children, see § 33.62.

33.13 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 §§ 33.7-33.13 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.*† [Par. 13]

APPLICATIONS FOR PASSPORTS

33.14 Contents of applications. Before a passport is issued to any person by or under the authority of the United States such per**For statutory and source citations, see note to § 33.1.

Page 21

son 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) [Par. 14]

33.15 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.*+ [Par. 15]

33.16 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.*+ [Par. 16]

33.17 Application not made at or near residence of applicant. When an 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.** [Par. 17]

NAMES AND TITLES

33.18 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."** [Par. 18]

33.19 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.*† [Par. 19]

33.20 Maiden name. A married woman desiring a passport issued in her maiden name must submit with her application the affi

Page 22

*For statutory and source citations, see note to § 33.1.