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OI 292.2 Interpretations by the Board.


Questions received from the public shall be acknowledged and referred to the Board of Immigration Appeals, Department of Justice, Washington, D.C., 20537. Questions from Service personnel shall be addressed to the appropriate regional counsel for referral to the Board.


A naturalization application, before developing into a petition, is a case within the purview of 8 CFR1.1(g) , as is a proceeding pursuant to section 342. A naturalization petition is also a case insofar as action before the Service is concerned, including hearings before designated examiners.


An attorney may assist a client in preparing an application and related papers for presentation to the Service; however, he may not participate in a preliminary investigation conducted under 8 CFR 332 . A non-attorney who assists an applicant in filling out a naturalization form, but who gives no legal advice, may charge a nominal fee. A public stenographer may make a charge for typing performed in filling out a naturalization form. 8 CFR 292.1(g) does not preclude representation in a new and distinct proceeding from that in which a former employee participated during his employment by the Department of Justice; the test is not whether the person is the same, but whether the proceeding is the same.


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