OI 334.1	Failure to prosecute application
OI 334.2	Applicants who appear to be United States citizens
OI 334.3	Procedures where doubt exists as to legal competence
OI 334.4	Statements regarding illegitimate children
OI 334.5	Advice to petitioner regarding citizenship status of children
OI 334.6	Execution of petitioner before designated examiner
OI 334.7	Transfer of petition and Service files
OI 334.8	Failure to prosecute petition
OI 334.9	Withdrawal of petition
OI 334.10	Amendment of petitions subsequent to naturalization
OI 334.11	Correction of naturalization certificate when facts thereon do not conform with facts on petition

OI 334.1 Failure to prosecute application.

The case of an applicant who fails to appear without explanation in response to a notice to file his petition for naturalization shall be closed without further notice. In other cases of failure to prosecute within a reasonable time, a Form N-14 shall be sent the applicant, appropriately checked off to identify the items to be complied with, and rubber-stamped in the space at the bottom of the reverse side, as follows:

"Failure to comply within 30 days will

result in the closing of your case."

The cases shall be closed promptly after the expiration of the 30 days, unless additional time is warranted under the circumstances.

OI 334.2 Applicants who appear to be United States citizens.

Where documentary and other evidence establish an applicant's United States citizenship within any of the classes specified in section 341, he shall be advised to apply for a certificate of citizenship, and final action on any petition for naturalization shall be deferred pending disposition of the application under section 341. If no application is made for a certificate of citizenship, the petition may be presented to the court for denial. If doubt exists as to whether an applicant is a citizen, the cas e shall be treated as though the applicant is an alien.

OI 334.3 Procedure where doubt exists as to legal competency.

If a question arises as to the legal competency of a petitioner who has never been the subject of proceedings with respect to his mental condition or has never been a patient in a mental institution, a stenographic record of the preliminary investigation and preliminary examination shall be made to assist in determining whether he understands the nature and significance of the naturalization proceedings and can assume the obligations of citizenship.

OI 334.4 Statements regarding illegitimate children.

Statements with reference to the legitimacy of children shall be made only on preliminary application forms or other records which are kept confidential by the Service.

Only legitimate children shall be counted in determining the number of living children to be entered in the space provided for such purpose on the petition and on page 3 of the preliminary application, unless the applicant is the mother of an illegitimate child. In such a case, the child shall be counted but no reference made to the fact of illegitimacy.

If the wife of a petitioner has an illegitimate child, such child shall not be included in the number of living children on the petition or the preliminary application even though the petitioner has adopted the child.

OI 334.5 Advice to petitioner regarding citizenship status of children.

When reviewing the N-400 application at the preliminary investigation or examination, the examiner shall ascertain whether any of the children will derive citizenship under section 320 or 321, or will become eligible for naturalization under section 322. The parent(s) will be so advised by the examiner. (Revised and redesignated; formerly OI 334.5(a))

OI 334.6 Execution of petition before designated examiner.

A designated examiner shall not swear a petitioner to the petition unless practical consideration make it necessary and desirable. The petitioner, in such a case, shall personally deliver the petition to the clerk of court for filing, immediately after the preliminary examination if one was held, or after the execution of the petition if no preliminary examination was held. The designated examiner shall obtain from the clerk of court, on the same day that such a petition was filed, the petition number ass igned thereto enter it on Form N-476.

OI 334.7 Transfer of petition and service files.

The certified copy of the petition required by 8 CFR 334.17(e) shall be prepared by other than a heat sensitive copying process, and the personal description blank shall be forwarded as a required attachment to such copy. Field offices shall take such action as may be necessary to assure that the clerks of court comply with these instructions.

Upon transfer of a petition for final hearing, the entire file shall be forwarded to the district office exercising jurisdiction over the court to which the petition has been transferred with a covering memorandum referring to any special issues in the case. Form G-360 shall be sent to the Central Office. The district office receiving the file shall process the petition as though it had been originally filed in the court to which transferred. Form N-476 shall be made out, dated as of the date of transfer , showing the reason for continuance, and followed by the date of filing in parenthesis.

The same Form N-476 may include more than one transferred petition. Form N-476 shall be positioned on the left side of the folder containing such forms.

OI 334.8 Failure to prosecute petition.

(a) Before final hearing.

If a petitioner has failed to take action requested of him within a reasonable time, a Form N-14 shall be sent. The opening sentence shall be amended by deleting "the (enclosed) application" and substituting therefor "your petition for naturalization." The first box relating to denial for lack of prosecution and the other boxes relating to the items required to be complied with shall be checked.

(b) Failure to appear at final hearing.

(1) Where petition will be recommended for granting. Where a petitioner whose case will be recommended favorably fails to appear at two successive final hearings, and no reasonable basis for a further continuance of the case has been shown by petitioner, the petition shall be scheduled for the third time, with a recommendation for denial for failure to prosecute, with notice to the petitioner on Form N-425. In scheduling the second hearing, the date set shall be no less than 30 days after the date of the firs t hearing, unless special circumstances exist which give assurance that petitioner will appear at a second hearing held within 30 days of the first hearing.

(2) Where petition will be recommended for denial. If a petitioner fails to appear at the final hearing after notice on Form N-425 of a proposed recommendation of denial, his petition shall be recommended for denial for "lack of prosecution," unless denial on the merits is warranted pursuant to paragraph (c).

(3) Filing of Service memorandum. Where a recommendation for denial for "lack of prosecution" is made, the memorandum prepared under 8 CFR 335.12 shall not be presented to the court but shall be retained in the petitioner's file.

(c) General considerations.

A case shall not be recommended for denial for lack of prosecution or by withdrawal if the possibility exists that the Service may be prejudiced thereby. Such prejudice would ordinarily result, for example, when failure to obtain an adjudication on the merits would preclude fixing the date on which the petitioner would become eligible for naturalization upon a new petition; or when a denial recommendation could not be sustained or would be seriously weakened without presently available witness' testimo ny, should the petitioner seek to file a new petition in advance of the date on which he will become prima facie eligible to take such action; or when it can reasonably be anticipated that the petitioner may attempt to change testimony on a new petition or in an action or proceeding under the immigration laws; or when, in a case arising under the immigration laws, the decision would be facilitated by a naturalization adjudication on the merits premised upon a full and complete record.

OI 334.9 Withdrawal of petition.

Consent to the withdrawal of a petition shall be governed by the provisions of OI 334.8(c).

OI 334.10 Amendment of petition subsequent to naturalization.

An application to amend a petition after the petitioner has been admitted to citizenship must be initiated by the naturalized person independently of the Service; however, a copy of the application must be served upon the appropriate district director as provided in 8 CFR 334.16(b) . Form N-410 shall not be used or made available to the naturalized person for the purpose of initiating such an amendment. An objection shall be made to an amendment in this category when it affects the court's jurisdiction or the naturalization judgment. A copy of any order granting the application shall be placed in the naturalized person's file with the duplicate certificate and the duplicate petition.

OI 334.11 Correction of naturalization certificate when facts thereon do not conform with facts on petition.

See 8 CFR 338.16 and OI 338.3.