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OI 335b Evidence of birth, marriage, divorce or death.


OI 335b.1   Evidence of birth, marriage, divorce or death  
   
OI 335b.2   Depositors (Q and A Statement) taken be Service employees  
   
OI 335b.3   Deposition procedures  
   
OI 335b.4   Depositions taken outside of United States  
   
OI 335b.5   Information to be furnished a Service employee who is to take depositions  
   
OI 335b.6   Acceptability of depositions  
   
OI 335b.7   Prior Government witness statements  



OI 335b.1 Evidence of birth, marriage, divorce or death.


A petitioner under the general provisions shall not be required to furnish proof of marriage or dissolution of a prior marriage or dissolution of a prior marriage unless such proof is material. Where proof of birth, marriage, divorce or death is required, and official civil record shall be requested; if such proof cannot be produced, secondary evidence shall be accepted. A petitioner shall not be put to unnecessary expense to obtain certified copies; if there is doubt as to the authenticity of the record produced, verification may be made by the Service from the official records.


OI 335b.2 Depositions (Q A Statement) taken by Service employees.


Depositions shall be taken by Service officers, if the situation falls within any one or more of the following categories.


When a petitioner, at any time, has been arrested or convicted for, or admits the commissioner of, a felony;


When a petitioner, at any time, has had on appreciable number of arrests for any reason other than minor traffic violations;


When a petitioner, at any time, has been a member of an organization, or has engaged in activities, proscribed by section 313 of the Act;


When a petitioner, by reason of repute, associations, or other circumstances is suspected of being or having been engaged in activities of an immoral, criminal, or subversive nature, or activities which make questionable his character, attachment, or favorable disposition;


When for any other reason, the facts and circumstances of the case of make the taking of depositions before a Service officer only preferable;


When a petitioner or deponent requests the Service to take the depositions. (If a deponent makes the request upon appearance at a field office, his deposition shall be taken at that time.)


OI 335b.3 Deposition procedures.


See Naturalization Examiner's Guide, Appendix VI.


OI 335b.4 Depositions taken outside of United States.


When the testimony of citizen witnesses is required to be taken outside the United States, their names and addresses shall be sent to the Service office abroad authorized to act, or to the Washington district office to arrange for the taking of testimony abroad by Department of State representatives.


OI 335b.5 Information to be furnished a Service employee who is to take depositions.


When a Service employee is to take depositions in a case, the officer requesting the action shall enter upon a transmittal memorandum, as needed, the details of any adverse or other information in the case which may be of value in conducting a proper interrogation of the deposition witnesses. Additionally, the Service employee who will take the depositions shall be expressly instructed regarding any aspect of the case which may require special development or emphasis during his interrogation. If, in a giv en case, the derogatory information is so extensive that it cannot be reduced to a concise statement on a transmittal memorandum the entire file may be forwarded as an alternative; however, such action shall be taken only when it is absolutely necessary.


OI 335b.6 Acceptability of depositions.


Depositions taken shall not not be satisfactory unless the deponent, if not a native-born citizen, has either furnished sufficient information to established may claim to derivative citizenship, has exhibited his naturalization certificate, or his naturalization has been otherwise verified.


OI 335b.7 Prior Government-witness statements.


For demand of prior Government-witness statements, see OI 242.7(d)


Blue Page OI 335c.1


Blue Page OI 335c.2


Blue Page OI 335c.3


Blue Page OI 335c.4





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