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PROCEDURAL AND ADMINISTRATIVE PROVISIONS

EXECUTIVE FUNCTIONS

Sec. 326. (a) The Commissioner, or, in his absence, a Deputy Commissioner, shall have charge of the administration of the naturalization laws, under the immediate direction of the Secretary of Labor, to whom the Commissioner shall report directly upon all naturalization matters annually and as otherwise required.

(b) The Commissioner, with the approval of the Secretary, shall make such rules and regulations as may be necessary to carry into effect the provisions of this chapter and is authorized to prescribe the scope and nature of the examination of petitioners for naturalization as to their admissibility to citizenship for the purpose of making appropriate recommendations to the naturalization courts. Such examination shall be limited to inquiry concerning the applicant's residence, good moral character, understanding of and attachment to the fundamental principles of the Constitution of the United States, and other qualifications to become a naturalized citizen as required by law, and shall be uniform throughout the United States.

(c) The Commissioner is authorized to promote instruction and training in citizenship responsibilities of applicants for naturalization including the sending of names of candidates for naturalization to the public schools, preparing and distributing citizenship textbooks to such candidates as are receiving instruction in preparation for citizenship within or under the supervision of the public schools, preparing and distributing monthly an immigration and naturalization bulletin, and securing the aid of and cooperating with official State and National organizations, including those concerned with vocational education.

(d) The Commissioner shall prescribe and furnish such forms as may be required to give effect to the provisions of this chapter, and only such forms as may be so provided shall be legal. All certificates of naturalization and of citizenship shall be printed on safety paper and shall be consecutively numbered in separate series.

(e) Members of the Service may be designated by the Commissioner or a Deputy Commissioner to administer oaths and to take depositions without charge in matters relating to the administration of the naturalization and citizenship laws. In cases where there is a likelihood of unusual delay or of hardship, the Commissioner or a Deputy Commissioner may, in his discretion, authorize such depositions to be taken before a postmaster without charge, or before a notary public or other person authorized to administer oaths for general purposes.

(f) A certificate of naturalization or of citizenship issued by the Commissioner or a Deputy Commissioner under the authority of this chapter shall have the same effect in all courts, tribunals, and public offices of the United States, at home and abroad, of the District of Columbia, and of each State, Territory, and insular possession of the United States, as a certificate of naturalization or of citizenship issued by a court having naturalization jurisdiction.

(g) Certifications and certified copies of all papers, documents, certificates, anil records required or authorized to be issued, used, filed, recorded, or kept under any and all provisions of this chapter shall be admitted in evidence equally with the originals in any and all cases and proceedings under this Act and in all cases and proceedings in which the originals thereof might be admissible as pridence,

(1) The officers in charge of property owned or leased by the Government are authorized, upon the recommendation of the Secretary of Labor, to provide quarters, without payment of rent, in any building occupied by the Service, for a photographic studio, operated by welfare organizations without profit and solely for the benefit of aliens seeking naturalization. Such studió shall be nder the supervision of the Commissioner.

REGISTRY OF ALIENS

Sec. 327. (a) The Commissioner shall cause to be made, for use in complying with the requirements of this chapter, a registry of each person arriving in the United States after the effective date of this chapter, of the name, age, occupation, personal description (including height, complexion, color of hair and eyes), the date and place of birth, nationality, the last residence, the intended place of residence in the United States, the date and place of arrival of said person, and the name of vessel or other means of transportation, upon which said person arrived.

(b) Registry of aliens at ports of entry required by subsection (a) of this section may be made as to any alien not ineligible to citizenship in whose case there is no record of admission for permanent residence, if such alien shall make a satisfactory showing to the Commissioner, in accordance with regulations prescribed by the Commissioner, with the approval of the Secretary, that such alien

(1) Entered the United States prior to July 1, 1924;
(2) Has resided in the United States continuously since such entry;
(3) Is a person of good moral character; and
(4) Is not subject to deportation.

(c) For the purposes of the immigration laws and naturalization laws an alien, in respect of whom a record of registry has been made as authorized by this section, shall be deemed to have been lawfully admitted to the United States for permanent residence as of the date of such alien's entry.

CERTIFICATE OF ARRIVAL Sec. 328. (a) The certificate of arrival required by this chapter may be issued upon application to the Commissioner in accordance with regulations prescribed by the Commissioner, with the approval of the Secretary, upon the making of a record of registry as authorized by section 327 of this chapter.

(b) No declaration of intention shall be made by any person who arrived in the United States after June 29, 1906, until such person's lawful entry for permanent residence shall have been established, and a certificate showing the date, place, and manner of arrival in the United States shall have been issued. It shall be the duty of the Commissioner or a Deputy Commissioner to cause to be issued such certificate.

PHOTOGRAPHS Sec. 329. (a) Two photographs of the applicant shall be signed by and furnished by each applicant for a declaration of intention and by each petitioner for naturalization or citizenship. One of such photographs shall be affixed by the clerk of the court to the triplicate declaration of intention issued to the declarant and one to the duplicate declaration of intention required to be forwarded to the Service; and one of such photographs shall be affixed to the original certificate of naturalization issued to the naturalized citizen and one to the duplicate certificate of naturalization required to be forwarded to the Service.

(b) Two photographs of the applicant shall be furnished by each applicant for

(1) A record of registry;
(2) A certificate of derivative citizenship;
(3) A certificate of naturalization;
(4) A special certificate;

(5) A declaration of intention or a certificate of naturalization or of citizenship in lieu of one lost, mutilated, or destroyed; and

(6) A new certificate of citizenship in the new name of any naturalized citizen who, subsequent to naturalization, has had such citizen's name changed by order of a court of competent jurisdiction or by marriage.

One such photograph shall be affixed to each such declaration or certificate issued by the Commissioner and one shall be affixed to the copy of such declaration or certificate retained by the Service.

DECLARATION OF INTENTION Sec. 330. An applicant for naturalization shall make, under oath before, and only in the office of, the clerk of court or such clerk's authorized deputy, regardless of the place of residence in the United States of the applicant, 2 years at least prior to the applicant's petition for naturalization, and after the applicant has reached the age of 18 years, a signed declaration of intention to become a citizen of the United States, which declaration shall be set forth in writing, in triplicate, and shall contain the following averments by such applicant: (1) My full, true, and correct name is

(full, true name, without abbreviation, and any other name which has been used, must appear here). (2) I now reside at (number and street),

(city or town), (county),

(State).

race

(3) My occupation is
(4) My age is
(5) My personal description is as follows: Sex

; color

complexion

color of eyes --, color of hair ---- height feet inches, weight pounds; visible distinctive marks

3 ; present nationality (6) I was born on (month, day, and year), in:

(city or town), (county, district, province, or state),

(country). (7) I am married; the name of my wife or husband is

-; we were married on (month, day, and year), at

(city), (state or country); he or she was born at

(city or town), (county, district, province, or state),

(country), (month, day, and year); and entered the United States at (city or town),

(State), on

(month, day, and year), for permanent residence in the United States, and now resides at:(city or town),

(state or country). (8) I have

children; and the name, sex, date, and place of birth, and present place of residence of each of such living children are as follows:

on

on

(9) I have

heretofore made a declaration of intention number on

(month, day, and year), at (city or town), ---- (county), (State), before the

(name of court). (10) My place of last foreign residence was

(city or town), (country). (11) I emigrated to the United States from

(city or town),

(country). (12) My lawful entry for permanent residence in the United States was at (city or town),

State, under the name of (month, day, and year), on

(name of vessel or other means of conveyance).

(13) I have been absent from the United States, having departed there from on

(dates of departures), from the port or ports of upon the following vessels or other means of conveyance

(names of vessels or conveyances upon departures); and returned to the United States on

(dates of return to United States), at the port or ports of

----, upon the following vessels or other means of conveyance

(names of vessels or conveyances upon return). (14) I am not an anarchist, nor a disbeliever in or opposed to organized government, nor a member of or affiliated with any organization or body of persons teaching disbelief in or opposition to organized government.

(15) It is my intention in good faith to become a citizen of the United States and to reside permanently therein.

(16) I will, before being admitted to citizenship, renounce forever all alle giance and delity to any foreign prince, potentate, state, or sovereignty, and particularly, by name, to the prince, potentate, state, or sovereignty, of which I may be at the time of admission to citizenship a citizen or subject.

(17) I certify that the photograph affixed to the duplicate and triplicate hereof is a likeness of me and was signed by me.

(18) So help me God.

PETITION FOR NATURALIZATION

Sec. 331. (a) An applicant for naturalization shall, not less than two years after such declaration of intention has been made, make and file in the office of the clerk of a naturalization court, in duplicate, a sworn petition in writing, signed by the applicant in the applicant's own handwriting, if physically able to write, and duly verified by witnesses, which petition shall contain the following averments by such applicant: (1) My full, true, and correct name is

(full, true name, without abbreviation, and any other name which has been used, must appear here). (2) My present place of residence is

(number and street), (city or town),

(county),

(State). (3) My occupation is (4) I am

years old. (5) My personal description is: Sex -

; color

complexion color of eyes color of hair

height

feet _inches, weight --pounds; visible distinctive marks.-----; race--

(6) I was born on
(month, day, and year), in

(city or town), (county, district, province, or state),

(country). (7) I am

married; the name of my wife or husband is we were married on

(month, day, and year), at(city or town),

(state or country); he or she was born at (city or town),

(state or country), on (month, day, and year); entered the United States at (city or town),

(State), on (month, day, and year), for permanent residence in the United States, and now resides at (city or town),

(state or country). (8) I have

children; and the name, date, place of birth, and present place of residence of each of said children who is living are as follows: (9) My last foreign residence was

(city or town).

(county, district, or province),

(country). (10) I emigrated to the United States from

- (city or town), (country). (11) My lawful entry for permanent residence in the United States was at (city or town),

(State), under the name of on

(month, day, and year), on the vessel (name of vessel or other means of conveyance), as shown by the certificate of my arrival attached to this petition.

(12) I have resided continuously in the United States of America for the term of 5 years at least immediately preceding the date of this petition, to wit: Since

and continuously in this State for the term of 6 months at least immediately preceding the date of this petition, to wit: Since (13) I have

been absent from the United States, having departed therefrom on

(dates of departures), from the port or ports of --, upon the following vessels or other means of conveyance:

(names of vessels or conveyances upon departures); and returned to the United States on

(dates of return to the United States), at the port or ports of

upon the following vessels or other means of conveyance:

(names of vessels or conveyances upon return). (14) I declared my intention to become a citizen of the United States on (month, day, and year), in the

(name of court) Court of

at
(city or town),

(State). (15) I have

heretofore made petition for naturalization number on (month, day, and year), at

(city or town), (county),

(State), in (name of court), and such petition was dismissed or denied by that Court for the following reasons and causes, to wit:

and the cause of such dismissal or denial has since been cured or removed.

(16) am not an anarchist, nor a disbeliever in or opposed to organized government, nor a member of or affiliated with any organization or body of persons teaching disbelief in or opposed to organized government.

(17) I am attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.

(18) It is my intention to become a citizen of the United States, aud to reside permanently in the United States.

(19) It is my intention to renounce absolutely and forever all allegiance ard fidelity to any foreign prince, potentate, state, or sovereignty and particularly to

of whom (which) at this time I am a subject (citizen).. (20) Attached hereto and made a part of this, my petition for naturalization, are my declaration of intention to become a citizen of the United States (if such déclaration of intention be required by the naturalization law), a certificate of arrival from the Department of Labor of my said lawful entry into the United States for permanent residence (if such certificate of arrival be required by the naturalization law), and the affidavits of the two verifying witnesses required by law.

(21) Wherefore, I, petitioner for naturalization, pray that I may be admitted a citizen of the United States of America, and that my name be changed to

(22) I, aforesaid petitioner, being duly sworn, depose and say that I have (read) (heard read) this petition and know that the same is true of my own knowledge except as to matters herein stated to be alleged upon information and

belief, and that as to those matters I believe it to be true; and that this petition is signed by me with my full, true, and correct name. So help me God.

(full, true, and correct name of petitioner). (b) The applicant's petition for naturalization, in addition to the averments required by subsection (a) of this section, shall include averments of all other facts which may be material to the applicant's naturalization and required to be proved upon the hearing of such petition,

(c) At the time of filing the petition for naturalization there shall be filed with the clerk of court a certificate from the Service, if the petitioner arrived in the United States after June 29, 1908, stating the date, place, and manner of petitioner's arrival in the United States, and the declaration of intention of such petitioner, which certificate and declaration shall be attached to and made a part of said petition.

(d) Petitions for naturalization may be made and filed during the term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court.

HEARING OF PETITIONS

SEC. 332. (a) The Commissioner or a Deputy Commissioner shall designate members of the Service to conduct preliminary hearings upon petitions for naturalization to any naturalization court and to make findings and recommendations thereon to such court. For such purposes any such designated examiner is hereby author'zed to take testimony concerning any matter touching or in any way affecting the admissibility of any petitioner for naturalization, to subpena witnesses, and to administer oaths, including the oath of the petitioner to the petition for naturalization and the oath of petitioner's witnesses.

(b) The findings of any such designated examiner upon any such preliminary hearing shall be submitted to the court at the final hearing upon the petition with a recommendation that the petition be granted, or denied, or continued, with the reasons therefor. Such findings and recommendations shall be accompanied by duplicate lists containing the pames of the petitioners, classified according to the character of the recommendations, and signed by the designated examiner. The judge to whom such findings and recommendations are submitted shall, if he approve such recommendations, enter a written order with such exceptions as the judge may deem proper, by subscribing his name to each such list when corrected to conform to his conclusions upon such recommendations. One of such lists shall thereafter be filed permanently of record in such court and the duplicate list shall be sent by the clerk of such court to the Commissioner.

SEC. 333. (a) Every final hearing upon a petition for naturalization shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant, and, except as provided in subsection (b) of this section, the witnesses shall be examined under oath before the court and in the presence of the court.

(b) The requirement of subsection (a) of this section for the examination of the petitioner and witnesses under oath before the court and in the presence of the curt shall not apply in any case where a designated examiner has conducted the preliminary hearing authorized by subsection (a) of section 332; except that the court may, in its discretion, and shall, upon demand of the petitioner, require the examination of the petitioner and the witnesses under oath before the court and in the presence of the court.

(c) Except as otherwise specifically provided in this chapter, no final hearing shall be held on any petition for naturalization nor shall any person be naturalized nor shall any certificate of naturalization be issued by any court within thirty days after the filing of the petition for naturalization, nor within sixty days preceding the holding of any general election within the territorial jurisdiction of the naturalization court.

(d) The United States shall have the right to appear before any court in any naturalization proceedings for the purpose of cross-examining the petitioner and the witnesses produced in support of the petition concerning any matter touching or in any way affecting the petitioner's right to admission to citizenship, anii shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings.

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