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					                                Immigration and Naturalization Service, Justice                                                      § 343a.2

                                N–580. The applicant shall be required                    cate of naturalization, or of citizen-
                                to appear in person before an assigned                    ship, in the changed name.
                                officer for interrogation under oath or                      (c) Disposition. The applicant shall
                                affirmation upon the application. When                    only be required to appear in person be-
                                the application is approved, a certifi-                   fore an officer for interview under oath
                                cate of naturalization or repatriation                    or affirmation in specific cases. Those
                                shall be issued and delivered in person,                  cases which necessitate an interview
                                in the United States only, upon the ap-                   enabling an officer to properly adju-
                                plicant’s signed receipt therefor. If the                 dicate the application at the office
                                application is denied, the applicant                      having jurisdiction will be determined
                                shall be notified of the reasons therefor                 by a supervising officer. If an applica-
                                and his right to appeal in accordance                     tion for a new certificate of naturaliza-
                                with the provisions of part 103 of this                   tion, citizenship, or repatriation or a
                                chapter.                                                  new declaration of intention is ap-
                                [23 FR 9125, Nov. 26, 1958, as amended at 32              proved, the new certificate or declara-
                                FR 9635, July 4, 1967]                                    tion shall be issued and delivered by
                                                                                          personal service in accordance with
                                                                                          § 103.5a(a)(2) of this chapter. If an appli-
                                PART 343a—NATURALIZATION AND
                                                                                          cation for a new certified copy of the
                                  CITIZENSHIP PAPERS LOST, MUTI-                          proceedings under the Act of June 25,
                                  LATED, OR DESTROYED; NEW                                1936, as amended, or under section
                                  CERTIFICATE    IN   CHANGED                             317(b) of the Nationality Act of 1940, or
                                  NAME; CERTIFIED COPY OF RE-                             under section 324(c) of the Immigration
                                  PATRIATION PROCEEDINGS                                  and Nationality Act, or under the pro-
                                                                                          visions of any private law is approved,
                                Sec.                                                      a certified positive photocopy of the
                                343a.1 Application for replacement of or                  record of the proceedings filed with the
                                    new papers relating to naturalization,                Service shall be issued. If, subsequent
                                    citizenship, or repatriation.                         to naturalization or repatriation, the
                                343a.2 Return or replacement of surrendered               applicant’s name was changed by mar-
                                    certificate of naturalization or citizen-
                                    ship.
                                                                                          riage, the certification of the positive
                                                                                          photocopy shall show both the name in
                                  AUTHORITY: Secs. 103, 324, 332, 343, 344, 405,          which the proceedings were conducted
                                66 Stat. 173, 246, 247, 252, 263, 264, 265, 280; 8        and the changed name. The new cer-
                                U.S.C. 1101 note, 1103, 1435, 1443, 1454, 1455.
                                                                                          tified copy shall be personally deliv-
                                § 343a.1 Application for replacement of                   ered to the applicant upon his or her
                                    or new papers relating to natu-                       signed receipt therefor. If the applica-
                                    ralization, citizenship, or repatri-                  tion is denied, the applicant shall be
                                    ation.                                                notified of the reasons therefor and of
                                  (a) Lost, mutilated, or destroyed natu-                 the right to appeal in accordance with
                                ralization papers. A person whose dec-                    the provisions of part 103 of this chap-
                                laration of intention, certificate of                     ter.
                                naturalization, citizenship, or repatri-                  [23 FR 9125, Nov. 26, 1958, as amended at 32
                                ation, or whose certified copy of pro-                    FR 9635, July 7, 1967; 51 FR 35629, Oct. 7, 1986]
                                ceedings under the act of June 25, 1936,
                                as amended, or under section 317(b) of                    § 343a.2 Return or replacement of sur-
                                the Nationality Act of 1940, or under                         rendered certificate of naturaliza-
                                section 324(c) of the Immigration and                         tion or citizenship.
                                Nationality Act, or under the provi-                        A certificate of naturalization or
                                sions of any private law, has been lost,                  citizenship which is contained in a
                                mutilated, or destroyed, shall apply on                   Service file, and which was surrendered
                                Form N–565 for a new paper in lieu                        on a finding that loss of nationality oc-
                                thereof.                                                  curred directly or through a parent as
                                  (b) New certificate in changed name. A                  a result of the application of any of the
                                naturalized citizen whose name has                        following sections of law may, upon re-
                                been changed after naturalization by                      quest, be returned to the person to
                                order of court or by marriage shall                       whom it was originally issued, not-
                                apply on Form N–565 for a new certifi-                    withstanding the fact that he or she

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                                Pt. 343b                                                                  8 CFR Ch. I (1–1–01 Edition)

                                has since been naturalized or repatri-                     § 343b.1 Application.
                                ated in the United States or abroad:                          A naturalized citizen who desires to
                                  (a) Section 404 (b) or (c) of the Na-                    obtain recognition as a citizen of the
                                tionality Act of 1940;                                     United States by a foreign state shall
                                  (b) Section 352 of the Immigration                       submit an application on Form N–565.
                                and Nationality Act, which was invali-                     He shall not be furnished with
                                dated by Schneider v. Rusk, 377 U.S. 163;                  verification of his naturalization for
                                  (c) Section 401(e) of the Nationality                    such purpose in any other way. An ap-
                                Act of 1940;                                               plicant who is a claimant against a for-
                                  (d) Section 349(a)(5) of the Immigra-                    eign government for property damage
                                tion and Nationality Act, which was                        pursuant to the provisions of a peace
                                invalidated by Afroyim v. Rusk, 387 U.S.                   treaty shall not be requested to furnish
                                253;                                                       the name, official title, and address of
                                  (e) Section 301(b) of the Immigration                    a foreign official unless such informa-
                                and Nationality Act                                        tion is available when the investiga-
                                  (f) Section 301(c) of the Immigration                    tion of the applicant is conducted. The
                                and Nationality Act relative to persons                    applicant shall be required to appear in
                                born after May 24, 1934, which was in-                     person before an assigned officer for in-
                                validated by amendment to section                          terrogation under oath or affirmation
                                301(b) on October 27, 1972, Public Law                     upon the application.
                                92–584.                                                    [32 FR 9636, July 4, 1967, as amended at 56 FR
                                  If, after having been surrendered to                     50502, Oct. 7, 1991]
                                the Department of State or to the
                                Service, the certificate was lost, muti-                   § 343b.2 Number of applications re-
                                lated, or destroyed as a result of action                      quired.
                                by the Service or that Department, a                          A special certificate of naturaliza-
                                replacement certificate may be issued                      tion is delivered to one foreign govern-
                                in the name shown in the surrendered                       ment official only. An applicant who
                                certificate without fee and without re-                    desires recognition as a U.S. citizen by
                                quiring the submission of Form N–565.                      more than one foreign official, whether
                                A surrendered certificate shall not be                     in the same country or not, must file a
                                regarded as mutilated and a replace-                       separate application for each certifi-
                                ment shall not be issued solely because                    cate required.
                                of holes made in it to accommodate a
                                                                                           [32 FR 9636, July 4, 1967]
                                fastener, unless the citizen declines to
                                accept the return of the surrendered                       § 343b.3 Interrogation.
                                certificate in that condition and insists
                                upon issuance of a replacement. When                          When Form N–565 presents a prima
                                it is desired that the replacement cer-                    facie case, it shall be forwarded to the
                                tificate be furnished in a name other                      district director, without first interro-
                                than the one shown in the surrendered                      gating the applicant, for issuance of
                                certificate, the regular application pro-                  the certificate. Interrogation of the ap-
                                cedure with payment of fee must be fol-                    plicant shall be conducted before the
                                lowed.                                                     application is forwarded if he appears
                                                                                           in person to file the application or if it
                                [51 FR 35629, Oct. 7, 1986]                                is necessary in order to properly adju-
                                                                                           dicate the case. In that event the offi-
                                PART 343b—SPECIAL CERTIFICATE                              cer interviewing the applicant will
                                  OF NATURALIZATION FOR REC-                               complete the report on page 2 of Form
                                  OGNITION BY A FOREIGN STATE                              N–565 before transmitting the applica-
                                                                                           tion to the district director. In all
                                                                                           other cases the interview shall take
                                Sec.
                                343b.1     Application.                                    place at any time before the certificate
                                343b.2     Number of applications required.                is transmitted to the State Depart-
                                343b.3     Interrogation.                                  ment (unless the applicant is abroad)
                                343b.4     Applicant outside of United States.             and the report completed after the
                                343b.5     Verification of naturalization.                 interview.
                                343b.11     Disposition of application.
                                                                                           [32 FR 9636, July 4, 1967, as amended at 58 FR
                                  AUTHORITY: 8 U.S.C. 1103, 1443, 1454, 1455.              49917, Sept. 24, 1993]

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