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					                                Immigration and Naturalization Service, Justice                                                       § 338.5

                                § 337.10 Failure to appear for oath ad-                   shown in the application and Service
                                    ministration ceremony.                                records, even though the applicant may
                                   An applicant who fails to appear                       be stateless at the time of admission to
                                without good cause for more than one                      citizenship. Photographs shall be af-
                                oath administration ceremony for                          fixed to the certificate in the manner
                                which he or she was duly notified shall                   provided in part 333 of this chapter.
                                be presumed to have abandoned his or                      The certificate shall be signed by the
                                her intent to be naturalized. Such pre-                   applicant. The Commissioner’s signa-
                                sumption shall be regarded as the re-                     ture shall be affixed to the certificate.
                                ceipt of derogatory information, and                      [58 FR 49916, Sept. 24, 1993]
                                the procedures contained in § 335.5 of
                                this chapter shall be followed.                           § 338.2 Execution in case name is
                                                                                              changed.
                                [58 FR 49916, Sept. 24, 1993]
                                                                                             Whenever the name of an applicant
                                                                                          has been changed by order of a court as
                                        PART 338—CERTIFICATE OF                           a part of a naturalization, the clerk of
                                            NATURALIZATION                                court, or his or her authorized deputy,
                                                                                          shall forward a copy of the order
                                Sec.                                                      changing the applicant’s name with the
                                338.1 Execution and issuance of certificate.
                                                                                          notifications required by part 339 of
                                338.2 Execution in case name is changed.
                                338.3 Delivery of certificates.                           this chapter. The Certificate of Natu-
                                338.4 [Reserved]                                          ralization will be issued to the appli-
                                338.5 Correction of certificates.                         cant in the name as changed.
                                338.6–338.10 [Reserved]
                                                                                          [56 FR 50501, Oct. 7, 1991]
                                338.11 Execution and issuance of certificate
                                    of naturalization by clerk of court.
                                                                                          § 338.3 Delivery of certificates.
                                338.12 Endorsement by clerk of court in case
                                    name is changed.                                         No Certificate of Naturalization will
                                338.13 Spoiled certificate.                               be delivered in any case in which the
                                     AUTHORITY: 8 U.S.C. 1103, 1443; 8 CFR part           naturalized person has not surrendered
                                2.                                                        his or her Permanent Resident Card to
                                                                                          the Service. Upon a finding that the
                                § 338.1 Execution and issuance of cer-                    card is destroyed or otherwise unavail-
                                     tificate.                                            able, the district director may waive
                                   (a) Issuance. When an applicant for                    the surrender of the card and the Cer-
                                naturalization has taken and sub-                         tificate of Naturalization shall then be
                                scribed to the oath of allegiance in ac-                  delivered to the naturalized person.
                                cordance with §§ 337.1, 337.2 and 337.3 of                [56 FR 50501, Oct. 7, 1991, as amended at 63 FR
                                this chapter, a Certificate of Natu-                      70316, Dec. 21, 1998]
                                ralization, Form N–550, shall be issued
                                by the Service at the conclusion of the                   § 338.4     [Reserved]
                                oath administration ceremony. For
                                each applicant appearing at a judicial                    § 338.5 Correction of certificates.
                                oath administration ceremony pursu-                          (a) Whenever a Certificate of Natu-
                                ant to § 337.8, the Service shall prepare                 ralization has been delivered which
                                the Certificate of Naturalization and                     does not conform to the facts shown on
                                forward it to the clerk of court suffi-                   the application for naturalization, or a
                                ciently in advance of the ceremony to                     clerical error was made in preparing
                                ensure the timely delivery on the date                    the certificate, an application for
                                the oath administration ceremony is                       issuance of a corrected certificate,
                                conducted.                                                Form N–565, without fee, may be filed
                                   (b) Execution of certificate. The certifi-             by the naturalized person. The applica-
                                cate shall be issued to the applicant in                  tion shall be filed at the Service office
                                his or her true, full, and correct name                   having jurisdiction over the place of
                                as it exists at the time of the adminis-                  residence of the applicant.
                                tration of the oath of allegiance. The                       (b) If the certificate was originally
                                certificate shall show, under ‘‘former                    issued by a clerk of court under a prior
                                nationality,’’ the name of the appli-                     statute and the district director finds
                                cant’s last country of citizenship, as                    that a correction is justified and can be

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                                §§ 338.6–338.10                                                          8 CFR Ch. I (1–1–03 Edition)

                                made without mutilating the certifi-                      was filed prior to October 1, 1991, has
                                cate, he or she shall authorize the                       taken and subscribed to the oath of al-
                                clerk of the issuing court, or his or her                 legiance, and a final order of citizen-
                                authorized deputy, on Form N–459, in                      ship has been signed by the court, a
                                duplicate, to make the necessary cor-                     certificate of naturalization shall be
                                rection and to place a dated endorse-                     issued in duplicate by the clerk of
                                ment on the reverse of the certificate,                   court on Form N–550 (rev. 11–1–87) or N–
                                over the clerk’s or deputy’s signature                    550C. If the court maintains naturaliza-
                                and the seal of the court, explaining                     tion records using the certificate stub,
                                the correction. The authorization shall                   the certificates and the stub of the
                                be filed with the naturalization record                   original certificate shall be signed by
                                of the court, the corrected certificate
                                                                                          the petitioner. If the court maintains
                                shall be returned to the naturalized
                                                                                          naturalization records on an electronic
                                person, and the duplicate Form N–459
                                shall be endorsed to show the date and                    database then only the certificates
                                nature of the correction and endorse-                     shall be signed by the petitioner and
                                ment made, and then returned to the                       the information contained on the stub
                                district director. No fee shall be                        shall be entered into and maintained in
                                charged the naturalized person for the                    the court’s electronic database.
                                correction. The district director shall                      (b) The certificate shall show under
                                forward the duplicate endorsed author-                    ‘‘former nationality’’ the name of the
                                ization to the official Service file.                     country of which the petitioner was
                                  (c) If the certificate was originally                   last a citizen, as shown on the petition,
                                issued by the Service, and the district                   even though the petitioner may have
                                director finds that a correction was                      been stateless at the time of admission
                                justified, the necessary correction shall                 to citizenship. The clerk of court or the
                                be made to the certificate and a dated                    authorized deputy shall endorse the
                                endorsement made on the reverse of                        alien registration number on the cer-
                                the certificate, over the signature of                    tificate stub, or if using automation
                                the district director and the seal of the                 equipment, ensure it is part of the elec-
                                Department of Justice. A notation re-                     tronic database record. The clerk of
                                garding the correction shall be placed                    court or the authorized deputy shall
                                on the Form N–565 which shall be for-                     personally sign the certificate, and en-
                                warded to the Service file.
                                                                                          sure that the essential facts from the
                                  (d) When a correction made pursuant
                                                                                          certificate are on the stub or entered
                                to paragraph (b) or (c) of this section
                                would or does result in mutilation of a                   into the electronic database record.
                                certificate, the district director shall                  Both certificates and stubs shall be
                                issue a replacement certificate on                        prepared in one operation unless an
                                Form N–570 and the surrendered certifi-                   automated system is used. Photo-
                                cate shall be destroyed.                                  graphs shall be affixed to the original
                                  (e) The correction will not be deemed                   and duplicate certificates in the man-
                                to be justified where the naturalized                     ner prescribed in 8 CFR part 333.
                                person later alleges that the name or                        (c) The stub of the original certifi-
                                date of birth which the applicant stat-                   cate or the information recorded from
                                ed to be his or her correct name or date                  the stub that is maintained on the
                                of birth at the time of naturalization                    electronic database shall be retained
                                was not in fact his or her name or date                   by the clerk of court. Courts using the
                                of birth at the time of the naturaliza-                   certificate stub shall file and maintain
                                tion.                                                     the stub in a 3″×5″ card file container.
                                [56 FR 50501, Oct. 7, 1991]                               The electronic record shall be main-
                                                                                          tained in an accessible database with a
                                §§ 338.6–338.10         [Reserved]                        back-up system to ensure protection
                                                                                          and integrity of data. The original cer-
                                § 338.11 Execution and issuance of cer-
                                     tificate of naturalization by clerk of               tificate shall be delivered to the peti-
                                     court.                                               tioner. The duplicate certificate shall
                                                                                          not be separated from the stub, and
                                   (a) When a petitioner for naturaliza-
                                                                                          shall be forwarded to the appropriate
                                tion, whose petition for naturalization

                                                                                     820



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