Basic Certificate of Citizenship Regulations 8 CFR § 341        OLD (Since ~1985 and on)                NEW (As of 08/29/2...
(iii) The applicants parent(s) naturalizationcertificate(s).                                        § 341.2 Examination up...
(c) Proof. The burden of proof shall be uponthe claimant, or his parent or guardian if one isacting in his behalf, to esta...
or the action parent or guardian, all correctionsmade on the applications form shall beconsecutively numbered and recorded...
authorize the taking of a deposition abroad by     United States consular official’’ to readwritten interrogatories before...
citizenship outside of the United States, in                                                accordance with 8 U.S.C. 1443a...
§ 341.7 Issuance of certificate.                      §§ 341.6 and 341.7 [Removed](a) If the application is granted, a Cer...
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Transformation Rule Comment 2 on N 600

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Transformation Rule Comment 2 on N 600

  1. 1. Basic Certificate of Citizenship Regulations 8 CFR § 341 OLD (Since ~1985 and on) NEW (As of 08/29/2011)§ 341.1 Application. ■ 245. Section 341.1 is revised to read as follows:Form N–600. An application for a certificate ofcitizenship by or in behalf of a person who § 341.1 Application.claims to have acquired United States An application for a certificate of citizenshipcitizenship under section 309(c) or to have by or in behalf of a person who claims to haveacquired or derived United States citizenship as acquired United States citizenship underspecified in section 341 of the Act shall be section 309(c) of the Act or to have acquired orsubmitted on Form N–600 in accordance with derived United States citizenship as specifiedthe instructions thereon, accompanied by the in section 341 of the Act must be submitted onfee specified in §103.7(b)(1) of this chapter. the form designated by USCIS with the feeThe application shall be supported by specified in 8 CFR 103.7(b)(1) and indocumentary and other evidence essential to accordance with the instructions on the form.establish the claimed citizenship, such as birth,adoption, marriage, death, and divorcecertificates.(Approved by the Office of Management andBudget under control number 1115–0018)[52 FR 19719, May 27, 1987]§ 341.2 Examination upon application. ■ 246. Section 341.2 is amended by:(a) Personal appearance of applicant and ■ a. Revising paragraph (a)(1) introductoryparent or guardian —(1) When testimony may text;be omitted. An application received at aService office having jurisdiction over the ■ b. Revising the phrase ‘‘at the districtapplicants residence may be processed without director’s option’’ to read ‘‘at theinterview if the Service officer adjudicating the discretion of USCIS’’ in paragraph (b)(1);case has in the Service administrative file(s) allthe required documentation necessary to ■ c. Revising the phrase ‘‘A district directorestablish the applicants eligibility for U.S. shall assign an officer of the Service to’’ tocitizenship, or if the application is read ‘‘USCIS will’’ in the first sentence inaccompanied by one of the following: paragraph (d);(i) A Department of State Form FS–240 ■ d. Removing the phrase ‘‘to the district(Report of Birth Abroad of a Citizen of the director’’ in the last sentence in paragraph (d);United States); and(ii) An unexpired United States passport issued ■ e. Removing paragraph (g).initially for a full five/ten-year period to the The revision reads as follows:applicant as a citizen of the United States, or
  2. 2. (iii) The applicants parent(s) naturalizationcertificate(s). § 341.2 Examination upon application.(2) Testimony required. Each applicant, when (a) * * *notified to do so, shall appear in person beforean officer for examination under oath or (1) When testimony may be omitted. Anaffirmation upon the application. A person application may be processed withoutunder 18 years of age must have a parent or interview if the USCIS officer adjudicating theguardian apply, appear, and testify for the case has in the administrative file(s) all theapplicant, unless one is unavailable and the required documentation necessary to establishdistrict director is satisfied that the applicant is the applicant’s eligibility for U.S. citizenship,old enough to provide reliable testimony. The or if the application is accompanied by one ofsame rule will apply for incompetent the following:applicants. At the examination the applicantand the acting parent or guardian, if necessary, *****shall present testimony and evidence pertinentto the claim to citizenship and shall have theright to review and rebut any adverse evidenceon file, and to cross-examine witnesses calledby the Government.(b) Witness —(1) Personal appearance. Awitness shall be called to testify under oath oraffirmation at the district directors option onlyif that persons testimony is needed to prove aparticular point, and only if alternative proof isunavailable or more difficult to produce than isthe witness.(2) Substitution and waiver. When testimony isdeemed necessary by the district director andthe presentation of the person or personsthrough whom citizenship is claimed isprecluded by reason of death, refusal to testify,unknown whereabouts, advanced age, mentalor physical incapacity, or severe illness orinfirmity, another witness or witnesses shall beproduced. A substitute witness also may beproduced in lieu of such person if such personis a member of the United States Armed Forcesserving outside the United States in an areawhere his testimony could not be taken withoutimposing extreme hardship upon him, orwithout unduly delaying action on theapplication, and no issue is present which canbe resolved only by this testimony.
  3. 3. (c) Proof. The burden of proof shall be uponthe claimant, or his parent or guardian if one isacting in his behalf, to establish the claimedcitizenship by a preponderance of the evidence.(d) Assignment and authority of officer. Adistrict director shall assign an officer of theService to USCIS will conduct the examinationprovided for in paragraphs (a) and (b) of thissection. The assigned officer shall haveauthority to administer oaths or affirmations; topresent and receive evidence; to rule uponoffers of proof; to take or cause to be takendepositions or interrogatories; to regulate the <<<<<<<<<<<Slightly Revised.course of the examination; to examine andcross-examine all witnesses appearing in theproceedings; to grant or order continuances; toconsider and rule upon objections to theintroduction of evidence; to make a report andrecommendation to the district director as towhether the application shall be granted ordenied, and to take such other action as may beappropriate to the conduct of the examinationand the disposition of the application.(e) Conduct of examination. The assignedofficer shall, at the commencement of theexamination of the claimant or the actingparent or guardian, advise them of their rightsas set forth in paragraphs (a) and (f) of thissection, and shall interrogate them under oathor affirmation with regard to each assertionmade in the application and any other matterpertinent to the claim to citizenship; inaddition, when a witness is deemed necessary,he shall interrogate each witness with regard topertinent matters within the personalknowledge of the witness, such as therelationship between the claimant and thecitizen source or sources; the citizenship of thelatter, and any possible expatriatory actsperformed by the claimant and the citizensource or sources. He may, in his discretion,have a transcript made of the testimony. At theconclusion of the examination of the claimant
  4. 4. or the action parent or guardian, all correctionsmade on the applications form shall beconsecutively numbered and recorded in thespace provided therefor in the form. Theaffidavit shall then be signed and sworn to oraffirmed by the claimant or the acting parent orguardian; and the remainder of the affidavitcompleted and signed by the assigned officer.(f) Representation during proceedings. Theclaimant shall have the right to representationduring the proceedings, as provided in part 292of this chapter, and such representative shallhave the right to examine and cross-examinewitnesses appearing in the proceedings; tointroduce evidence; to object to theintroduction of evidence, which objectionsshall be stated succinctly and entered on therecord, and to submit briefs. If the claimant isnot represented by an attorney orrepresentative, the assigned officer shall assisthim in the introduction of all evidenceavailable in his behalf.(g) Assignment of additional officer. Thedistrict director may, in his discretion, assignan officer of the Service to examine and cross-examine the applicant and any witnessesproduced by the applicant or by theGovernment and present evidence pertinent to <<<<<<<<<<<<<<<<<Completely Dropped.the applicants claim to citizenship. The officerof the Service assigned to conduct theexamination under this part may take such partin the proceedings as he may deem necessary.[30 FR 5472, Apr. 16, 1965; 30 FR 5621, Apr.21, 1965, as amended at 32 FR 6260, Apr. 21,1967; 45 FR 84011, Dec. 22, 1980; 51 FR35629, Oct. 7, 1986; 66 FR 32147, June 13,2001]§ 341.3 Depositions. § 341.3 [Amended]If satisfied that a witness whose testimony isessential is not available for examination in the ■ 247. Section 341.3 is amended by revisingUnited States, the assigned officer may the phrase ‘‘an officer of the Service or a
  5. 5. authorize the taking of a deposition abroad by United States consular official’’ to readwritten interrogatories before an officer of the ‘‘a DHS or Department of State official’’.Service or a United States consular official.§ 341.4 Surrender of immigration No change.documents.Each claimant shall surrender any immigrationidentification and permanent resident cards inhis or her possession.[30 FR 5472, Apr. 16, 1965, as amended at 63FR 70316, Dec. 21, 1998]§ 341.5 Report and recommendation. ■ 248. Section 341.5 is revised to read as follows:The officer assigned to act on the applicationshall report his/her findings and § 341.5 Decision.recommendation by completing the Report andRecommendation section of the Form N–600 (a) Adjudication. USCIS may adjudicate theapplication, or by formal order, as appropriate. application only after the appropriateThe record, including the report and approving official has reviewed the report,recommendation, shall be submitted to the findings, recommendation, and endorsement ofdistrict director, who shall sign the report the USCIS officer assigned to adjudicate theeither approving or disapproving the application.recommendation. (b) Approval. If the application is granted,[50 FR 39649, Sept. 30, 1985; 50 FR 41480, USCIS will prepare a certificate of citizenshipOct. 11, 1985] and, unless the claimant is unable by reason of mental incapacity or young age to understandNow covered primarily as ¶ (a) and is the meaning of the oath, he or she must takebasically a codification of “supervisory and subscribe to the oath of renunciation andreview”. This is a good move because these allegiance prescribed by 8 CFR 337 beforecan be extremely complex cases. USCIS within the United States. Except as provided in paragraph (c), delivery of the certificate in accordance with 8 CFR 103.2(b) (19) and 8 CFR 103.8 must be made in the United States to the claimant or the acting parent or guardian. (c) Approval pursuant to section 322(d) of theThis is completely new information>>>>>>> Act. Persons eligible for naturalization pursuant to section 322(d) of the Act may subscribe to the oath of renunciation and allegiance and may be issued a certificate of
  6. 6. citizenship outside of the United States, in accordance with 8 U.S.C. 1443a.¶ (d) does not differentiate a denial for (d) Denial. If USCIS denies the application,“failure to prosecute” [i.e., Abandonment] the applicant will be furnished the reasons forinstead it simply says to furnish the reasons denial and advised of the right to appeal infor denial and advise of right to appeal. accordance with 8 CFR 103.3.¶ (e) is still “clunky” and could lead to (e) Subsequent application. After anerroneous “rejections”. It must be application for a certificate of citizenship hasremembered that a “Denial Due to been denied and the time for appeal hasAbandonment” has NO APPEAL RIGHTS expired, USCIS will reject a subsequentbut ALL Certificate of Citizenship cases DO application submitted by the same individualhave appeal rights so abandonment denials and the applicant will be instructed to submit ashould NEVER be issued. However, 8 CFR § motion to reopen or reconsider in accordance103.5(a)(2) addresses MTR requirements with 8 CFR 103.5. The motion must beand includes abandonment MTR’s. accompanied by the rejected application and the fee specified in 8 CFR 103.7.§ 341.6 Denial of application. §§ 341.6 and 341.7 [Removed]If it is the decision of the district director to This subject matter is now covered in 8 CFRdeny the application for a Certificate of § 341.5 (d) and (e).Citizenship, the applicant shall be furnished thereasons for denial and advised of the right toappeal in accordance with the provisions of 8CFR 103.3(a). After an application for aCertificate of Citizenship has been denied andthe appeal time has run, a second applicationsubmitted by the same individual shall berejected and the applicant instructed to submita motion for reopening or reconsideration inaccordance with 8 CFR 103.5. The motionshall be accompanied by the rejectedapplication and the fee specified in 8 CFR103.7 reduced by the amount of the fee paidwith the rejected application. A decision shallbe issued with notification of appeal rights in See note above for ¶¶ (d) and (e).all Certificate of Citizenship cases, includingany case denied due to the applicants failureto prosecute the application.[50 FR 39649, Sept. 30, 1985]
  7. 7. § 341.7 Issuance of certificate. §§ 341.6 and 341.7 [Removed](a) If the application is granted, a Certificate of This subject matter is now covered in 8 CFRCitizenship shall be issued and, unless the § 341.5 (a) and (b).claimant is unable by reason of mentalincapacity or young age to understand themeaning thereof, he or she shall take andsubscribe to the oath of renunciation andallegiance, prescribed by part 337 of thischapter, before a member of the Service withinthe United States. Thereafter, delivery of thecertificate shall be made in the United States tothe claimant or the acting parent or guardian,either personally or by certified mail.(b) [Reserved][55 FR 31037, July 31, 1990, as amended at 66FR 32147, June 13, 2001]

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