Part 383-FEES AND PROCEDURE TO OBTAIN CERTIFICATIONS OF OR INFORMATION FROM RECORDS $383.1 Application for certification of records; form. Application shall be made on Form N-585 to the Commissioner for certification of a naturalization record of any court, or of any part thereof, or of any certificate of naturalization or of citizenship, for use in complying with any statute, Federal or State, or in any judicial proceeding. The applicant shall fill out properly, sign, make oath to, and forward the application to the Commissioner of Immigration and Naturalization, Washington, D. C.* (Nationality Act of 1940, secs. 341 (e) and 342 (b) (9), 54 Stat. 1161, 1162) *88 383.1 to 383.5, 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 section. 383.2 Application for certification of records; contents. If the certification referred to in § 383.1 is desired for use in complying with a statute, the date and citation of the statute concerned shall be stated in the application. If it be desired for use in a judicial proceeding, the application shall set forth the title and character of the proceeding and the court in which it is pending, and shall be accompanied by an order of such court requesting the Commissioner to supply the certification. The application shall state the title and address of the officer to whom, or the court to which, the certification should be sent.* (Nationality Act of 1940, secs. 341 (e) and 342 (b) (9), 54 Stat. 1161, 1162) 383.3 Certification of declaration of intention; photographs required. If the application on Form N-585 is for certification of a declaration of intention in lieu of one filed with a petition for naturalization, the application shall be accompanied by three photographs of the applicant as prescribed in Part 364.* (Nationality Act of 1940, secs. 341 (e) and 342 (b) (9), 54 Stat. 1161, 1162) 383.4 Copies of Service records and information; fees. (a) Except where otherwise provided by law or by regulations under this title, there shall be paid to the Commissioner of Immigration and Naturalization for furnishing any person or agency, other than an official or agency of the Federal Government, with copies, certified or uncertified, of any part of, or information from, the records *For statutory citation, see note to § 383.1. of the Service, a fee of 25 cents per folio, with a minimum fee of 50 cents for any one such service, in addition to a fee of $1 for any official certification furnished under seal. Each sheet or page of the letter or other document furnished an applicant by the Commissioner shall be regarded as one folio in computing the required fee. Application for the desired service shall be made in prescribed form and shall be accompanied by the minimum fee of 50 cents or $1.50, if a certification is desired, for each such service. The fee shall be submitted in the form of a United States postal money order payable to the "Commissioner of Immigration and Naturalization, Washington, D. C." The Commissioner, in his discretion, may waive the filing of a formal application, or advance payment of the fee, or both. The applicant will be advised if any fee in addition to the minimum is required under the provisions of subsection (b) of this section for the requested service. (b) The following instructions and illustrative schedule will be adhered to in computing fees for the furnishing of copies of documents or written information from the records of the Service under subdivision (b) (9) of section 342 of the Nationality Act of 1940: (1) A minimum fee of 50 cents at the rate of 25 cents per sheet or page, shall be charged for the furnishing of each and every uncertified copy of document or for the furnishing of any one uncertified written advice or statement, for example: Service requested in one application Fee to be charged Applicant requests one primary copy of one document (consisting of one sheet or page) --- Applicant requests information from the records (necessitating the furnishing of one 1-page letter or statement). Applicant requests two primary copies of one document (consisting of three sheets or pages). Applicant requests two primary copies of one document (consisting of two sheets or pages) Applicant requests two primary copies of one document (consisting of one sheet or page) Applicant requests one primary copy of one document (consisting of three sheets or pages)- Applicant requests one primary copy of one document (consisting of two sheets or pages). Applicant requests information from the records (necessitating the fur- Applicant requests that he and two others be furnished information Applicant requests that he and one other be furnished information from the records (necessitating the furnishing of two 2-page letters or statements) Applicant requests that he and two others be furnished information from the records (necessitating the furnishing of three 3-page letters or statements) – .50 .75 1.00 1.50 1.00 2.25 (2) Where the objective information requested in one application necessitates its extraction from several files relating to but one person, group or thing, the furnishing of the desired information in such circumstances, to but one party, shall be regarded as but one service, and the information may be furnished in one letter or statement at the rate per sheet or page, as prescribed in the foregoing schedule; however, where the information requested in cases of this character is to be furnished to two or more persons, then the furnishing of each letter or statement shall be regarded as a separate and distinct service and an additional fee, or fees, shall be charged for each such additional service, thus: Fee to be charged Applicant requests that he be furnished information from, for example, $0.50 1.00 (3) Where the objective information requested in one application necessitates its extraction from one or more files relating respectively to two or more persons, groups or things, the furnishing of the desired information from the file or files relating respectively to each person, group or thing shall, in each instance, be regarded as a separate and distinct service, and separate letters or statements, each embodying collectively the information requested as to each person, group or thing, shall be prepared, thus: Fee to be charged Applicant requests that he be furnished information from, for example, the naturalization, visa and registry files relating respectively to himself and his wife (necessitating the furnishing of two 1-page letters or statements) --. Applicant requests that he and one other be furnished information from, for example, the naturalization, visa and registry files relating respectively to himself and his wife (necessitating the furnishing of four 1-page letters or statements) --- $1.00 2.00 (4) Where additional uncertified copies of documents or written advices or statements are applied for in order to meet the requirements of applicants, the fees for such additional copies of advices or statements shall be pro-rated as hereinabove exemplified. (5) In each and every instance where it is desired that a copy of document or written information from the records be officially certified under seal, a fee of $1.00 shall be charged for each such certification, in addition to the fees illustrated by the foregoing schedule. (6) Where a photostatic copy of a document is furnished, the fee therefor shall be computed strictly on the basis of the number of sheets of photostatic material necessarily prepared in order to furnish a complete likeness of the document, thus: Fee to be charged .50 Applicant requests one photostatic copy of one 1-page document (the original document containing written matter on one side only)---- $0.50 Applicant requests one photostatic copy of one 1-page document (the original document containing written matter on both sides). Applicant requests one photostatic copy of one 2-page document (the first page of the original document containing written matter on both sides, and the second page written matter on one side only) - .75* (Nationality Act of 1940, sec. 342 (b) (9), 54 Stat. 1162; 8 U. S. C. 383.5 Clerk of court; when authorized to certify naturalization records. No clerk of court shall make any certification of any naturalization record, except upon appropriate order of the court.* (Nationality Act of 1940, sec. 341 (e), 54 Stat. 1161) 383.6 Replacement of evidence of oath of renunciation and allegiance under Act of June 25, 1936, as amended by Act of July 2, 1940. A citizen woman, within section 330.2 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-585, addressed to the Commissioner. The applicant shall fill out properly, sign, make oath to, and forward the Form N-585 to the district director having administrative supervision over the territory in which she resides. The application shall be accompanied by the statutory fee of $1.50, in accordance with section 383.4. No photographs will be required. The application shall be handled in compliance with the applicable provisions of section 282.4 of this Title. If the application is approved, there shall be issued a certified, positive photostat of the record of the proceedings filed in the Central Office, whether such record be the duplicate of Form N-415 (or Form 2234) or a copy of the proceedings conducted at an embassy, legation, or consulate. If the applicant's name has been changed after the taking of the oath by order of court or by marriage and if appropriate documentary evidence of such change is submitted with the application, the certification shall show both the name in which the proceedings were had and the changed name. The procedure described in this section may be followed even though the proceedings took place at an embassy, legation, or consulate. In such cases it will not be necessary that verification of the alleged record of restoration of citizenship rights be made by the field office. (Sec. 342 (b) (9), 54 Stat. 1162; 8 U. S. C. 742) *For statutory citation, see note to § 383.1. Part 385-REVOCATION OF RECORDS CREATED AND OF NATURALIZATION AND CITIZENSHIP DOCUMENTS ISSUED BY THE COMMISSIONER § 385.1 Report and notice. If at any time after a Certificate of Lawful Entry has been issued under Part 362, or a certificate of naturalization has been issued under Part 378, or a certificate of derivative citizenship has been issued under Part 379, or a special certificate of naturalization has been issued under Part 380, or a new certificate in changed name or a new declaration of intention or a new certificate of naturalization or of citizenship has been issued under Part 382, evidence becomes available indicating that such record or document was obtained illegally or fraudulently, a complete report shall be promptly submitted to the Central Office by the appropriate district director, with comment and recommendation. If the Commissioner or a Deputy Commissioner is satisfied that a prima facie showing has been made that such record or document was obtained illegally or fraudulently, he shall cause such district director to have served personally or by registered mail written notice on the person to whom the document was issued by the Commissioner or a Deputy Commissioner, at such person's last known address in the records of the Service, that a proceeding has been instituted to cancel the record or document, which notice shall contain a statement of the grounds upon which the proposed cancelation proceeding is based, and of the nature of the supporting evidence. Such notice shall state that not more than sixty days from the date of service of the notice the person to whom the record relates or to whom the document was issued must show cause, before a designated officer of the Service and at a place designated for such hearing, why such cancelation should not take place. The district director in whose district the proceedings shall take place shall have authority to extend the sixty-day period specified in the notice, but for not more than thirty additional days.* (Nationality Act of 1940, sec. 340, 54 Stat. 1160) *§§ 385.1 to 385.4, 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. 385.2 Answer. The person against whom such proceeding has been brought may, within the time designated in § 385.1, submit his defense in writing under oath or affirmation. Upon receipt of such response, or answer, or upon expiration of the time allowed for showing good cause, the record shall be closed and forwarded |