Sec.

Part 382-NATURALIZATION PAPERS REPLACED;

NEW CERTIFICATE IN CHANGED NAME

382.1 Replacement of a lost, mutilated, or destroyed naturalization paper.

382.2 Changed name; new certifi cate of naturalization or of citizenship issued.

382.3 Application for new papers; forms; procedure; fees.

§ 382.1 Replacement of a lost, mutilated, or destroyed naturalization paper. An alien whose declaration of intention, or a naturalized citizen (regardless of the date of the naturalization) whose certificate of naturalization or of citizenship has been lost, mutilated, or destroyed, may apply for a new declaration or certificate in lieu thereof. Such application shall be made on Form N-565, addressed to the Commissioner of Immigration and Naturalization, Washington, D. C.* (Nationality Act of 1940, secs. 341 (b) and 342 (b) (4), 54 Stat. 1161)

*§§ 382.1 to 382.5, Inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

382.2 Changed name; new certificate of naturalization or of citizenship issued. A naturalized citizen whose name has been changed after naturalization, by order of court or by marriage, may apply for a new certificate of naturalization or of citizenship in the changed name. Such application shall be made on Form N-575, addressed to the Commissioner of Immigration and Naturalization, Washington, D. C.* (Nationality Act of 1940, secs. 341 (d) and 342 (b) (8), 54 Stat. 1161)

382.3 Application for new papers; forms; procedure; fees. The applicant shall fill out properly, sign, make oath to, and forward the required application to the district director having administrative supervision over the territory in which the applicant resides. The application shall be accompanied by three photographs of the applicant in accordance with Part 364. An application on Form N-565 shall be accompanied by the statutory fee of $1. An application on Form N-575 shall be accompanied by the statutory fee of $5. The required fee shall be in the form of a United States postal money order payable to the order of the "Commissioner of Immigration and Naturalization, Washington, D. C." (Nationality Act of 1940, secs. 341 (b) (4) and 342 (b) (4) (8), 54 Stat. 1161)

*For statutory citation, see note to § 382.1.

382.4 Application for new papers; surrender of old papers; investigation; proof required. An investigation of the facts shall be made by the field service before an application on Form N-565 or N-575 is forwarded to the Central Office, except in those cases where a declaration of intention is about to expire by reason of the seven-year limitation. In such cases the applications may be forwarded to the Central Office and the required investigation conducted as soon thereafter as practicable but in any event before delivery of the new declaration of intention. The officer making the investigation shall satisfy himself that the applicant is the individual to whom the naturalization record relates, and, in the case of an alleged lost, mutilated, or destroyed paper, that such paper is beyond recovery or further use, and that it has not been and will not be put to any illegal or improper use. All mutilated naturalization papers shall be surrendered to the Service. In the case of an application for a new certificate in a changed name, the application shall be accompanied by appropriate documentary evidence of such change. Every applicant for a certificate under this Part shall satisfy the Service that he has not become expatriated subsequent to the date he claims to have acquired United States citizenship. (Nationality Act of 1940, secs. 341 (b) (d) and 342 (b) (4) (8), 54 Stat. 1161)

382.5 New papers; by whom issued; forms; numbering. If the application is approved, the new naturalization or citizenship paper shall be issued by the Commissioner or a Deputy Commissioner and not by the clerk of court. Any new declaration of intention shall be upon Form N-320 or N-321, and any new certificate of naturalization or of citizenship upon Form N-570. The new paper shall be numbered to correspond with the number of the paper which it replaces. Certificates issued to evidence naturalizations which occurred prior to September 27, 1906, shall be consecutively numbered, the number in each instance being preceded by the letters "OL." (Nationality Act of 1940, secs. 341 (b) (d) and 342 (b) (4) (8), 54 Stat. 1161)

382.6 Replacement of evidence of naturalization under section 317 (b) of the Nationality Act of 1940. A naturalized citizen woman, within section 330.3 of this Title, whose certified copy of the proceedings prescribed by that section has been lost, mutilated, or destroyed, may apply for a new certified copy in lieu thereof. Such application shall be made on Form N-565, addressed to the Commissioner. The applicant shall execute and forward the Form N-565 with the required fee of $1, in accordance with section 382.3, except that no photographs will be required. The application shall be handled in accordance with the provisions of section 382.4. If the application is approved, there shall be issued a certified, positive photostat of the record of the proceeding filed in the Central Office, whether such record be a duplicate of Form N-408 or a copy of the proceedings which took place at an embassy, legation, or consulate. If the applicant's name has been changed after naturalization, by order of court or by marriage, and

* For statutory citation, see note to § 382.1.

appropriate documentary evidence of such change is submitted with the application, the certification of the positive photostat shall show both the name in which the proceedings were had and the changed name. Such an applicant shall use Form N-565 and the required fee shall be $1. The procedure described in this section may be followed even though the naturalization proceedings took place at an embassy, legation, or consulate. In such cases, it will not be necessary that verification of the alleged naturalization proceedings be made by the field office. (Secs. 341 (b) (d) (e), 342 (b) (4), 54 Stat. 1161; 8 U. S. C. 741, 742)