\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 341 Certificates of citizenship.
Previous Document  Next Document


OI 341 Certificates of citizenship.



OI 341.1   Status Form N-601  
   
OI 341.2   Translations  
   
OI 341.3   N-600 application procedures  
   
OI 341.4   Assumed name  
   
OI 341.4a   Check of Service and State Department records for possible expatriation  
   
OI 341.5   Application for certificate of citizenship in behalf of an adopted child  
   
OI 341.6   Waiver of child's appearance in connection with in N-600 application  
   
OI 341.7   Notice of further actions required  
   
OI 341.8   Failure to prosecute  
   
OI 341.9   Certificate forms  
   
OI 341.10   Delivery of certificate and surrender of Form I-151/I-551  
   
OI 341.11   Authorized determinations of citizenship status  
   
OI 341.12   Officers assigned to conduct examinations  



OI 341.1 Status Form N-601.


Form N-601 showing progress of each Form N-600 (except one received from another office for a witness' testimony or investigation) shall be maintained as the uppermost piece of material on the right-hand side of the file. When a case is forwarded to another office for interview or investigation, Form N-601 shall be retained in the control office, with a copy of the forwarding memorandum.


OI 341.2 Translations.


If it is not possible for a local full-time Service employee to make any necessary translation of foreign language documents in an immigrant visa, the procedure outlined in OI 103.2 shall be followed.


OI 341.3 N-600 application procedures.


(a) Inquiry and procedures concerning State Department records. In cases where the N-600 applicant appears for an interview, he/she will be asked specifically if he/she has ever applied for or been issued a card of identity or registration as a U.S. citizen, report of birth abroad, or U.S. passport. Subsequent to the interview, the last page on the N-600 application shall be endorsed to reflect that the questioning occurred. (TM 2/87)


In cases where the applicant indicates that he or she did apply for some sort of documentation from the State Department, Form N-602 shall be executed and mailed to the District Director at the Washington District office. (TM 2/87)


(b) Supporting documentary evidence. In determining the availability in foreign countries of documents which may be required to be submitted, the procedure outlined in OI 204.2 shall be followed.


Birth certificates of children born abroad in Unites States Army Hospitals, and related hospital records, may be obtained from the Military Personnel Records Center, St. Louis, Missouri. Requests for such documents should be made through the Service office in St. Louis, Missouri, and should furnish the name of the hospital and other identifying data.


A record of admission on Form I-94 is maintained in the Central Office for each Unites States citizen born abroad and entering the United States for the fist time.


OI 341.4 Assumed name.


When the applicant has assumed, or is known by a name other than a true name, but has not changed the name in accordance with the law of the jurisdiction where it was assumed, the certificate of citizenship shall be issued in the applicant's true name followed by the words "also known as" and the assumed name. However, in such a case the applicant shall be required to sign only the true name on the certificate and on the photographs submitted with the application. The certificate shall be signed by the ap plicant unless the applicant is a child unable to sign his/her name, in which case the certificate shall be signed by the parent or guardian, and the signature shall read "(insert name of child) by (insert name of parent or guardian, indicating which)". (Revised TM 8/88)


OI 341.4a Check of Service and State Department records for possible expartiation.


For policy and procedure to be followed, see OI 349.4.


OI 341.5 Application for certificate of citizenship in behalf of an adopted child.


(a) General. Section 22 of the Immigration and Nationality Act amendments of 1986 (Pub. L. 99-653) added to section 341 of the INA a provision for the Attorney General to, in effect, confer United States citizenship upon adopted children meeting the requirements detailed in the amended section. Form N-643 was developed to carry out the provisions of the amendment. Except to the extent modified herein, an application for a certificate of citizenship on Form N-643, Application for a Certificate of Citizenship in Behalf of a Child, shall be processed in accordance with the regulations, operations instructions and Service pol icy for adjudication of Form N-600, insofar as those guidelines lend themselves to such application. This application is only for adopted children under 18 years of age who are eligible for conferral of citizenship under Section 341(c) of the Act. (Revised TM 8/88)


(b) Processing. The application for the certificate of citizenship will be processed on Form N-643. The application should be given priority and adjudicated within 60 days of receipt. Form N-402, Application to File a Petition in Behalf of a Child, may be filed in lieu of Form N-643 for processing of naturalization under Section 322 of the Act. (Revised TM 8/88)


(c) Oath. The oath of allegiance shall be taken and subscribed to by the child on the duplicate copy of the N-560 certificate unless waived pursuant to 8 CFR 341.7 . The certificate is not valid unless signed by the child or by the parent in behalf of the child.


(d) Waiver of child's appearance in connection with N-643. If the child is under 14 years of age on the date of the schedule interview, and there are no circumstances in the case giving rise to the suspicion that the child is an impostor, or has abandoned residence in the United States, the child shall not be required to appear before a Service officer if the parent or guardian is available to appear for examination under oath or affirmation by a Service officer, as required by 8 CFR 341.2 , and to identify a photograph of the child as that of his/her son or daughter. If the child;s appearance before the Service officer in connection with the N-643 application is waived, the oath requirement shall be regarded as also waived, and the words "oath and personal appearance waived" shall be noted in the report section provided on Form N-643. (Revised TM 8/88)


(e) Valid adoption for purposes of citizenship under section 341 of the Act. A child adopted abroad by United States citizen parents, but admitted to the United States as a permanent resident orphan child coming to be adopted in accordance with 8 CFR 204.2(d)(4) may apply for a Certificate of Citizenship under section 341(c) of the Act even if a subsequent adoption is not legally completed in the United States, if the State of residence recognizes the foreign adoption. (Revised TM 8/88)


OI 341.6 Waiver of child's appearance in connection with an N-600 application.


When the person(s) through whom citizenship was acquired or derived is available to appear for examination under oath or affirmation by a Service officer, as required by 8 CFR 341.2 and to identify a photograph of the child as that of his son or daughter, the child's appearance before the Service officer in connection with the N-600 application, and the oath requirement in his case, shall be regarded as waived if the other conditions for a waiver under OI 341.5(e) are met.


OI 341.7 Notice of further actions required.


Upon completion of the personal examination on the application and if further actin is required on the part of the claimant, there shall be delivered to him/her or the acting parent or guardian a properly checked or filled out Form N-14 showing the documents or actions still required. (TM 10/85)


OI 341.8 Failure to prosecute.


Form N-14 shall be used to request submission of documentary evidence or additional information from an applicant at any stage of the proceedings. An applicant who fails to submit the documentary evidence or information requested on Form N-14 delivered at the personal examination (OI 341.7) held 60 days previously shall be promptly sent a final Form N-14. Upon failure to comply, the case shall be denied 30 days later, unless the applicant has in the interim requested additional time and the denial and of appeal rights provided by 8 CFR 103.3 will be sent to the applicant. (TM 10/85)


The notice to appear for an examination shall be given not less than 2 weeks before the scheduled date of interview. If the applicant fails to appear for the examination, or to otherwise explain his/her absence, or does not request an alternative examination, or to otherwise explain his/her absence, or does not request an alternative examination date, the application shall be denied. Notice of the denial and of appeal rights pursuant to 8 CFR 103.3 will be sent to the applicant. (TM 10/85)


OI 341.9 Certificate forms.


A person who acquired citizenship at birth, including a person under section 309(C), shall be issued certificate Form N-560 bearing serialized prefix number "AA".


OI 341.10 Delivery of certificate and surrender of Form I-151/I-551.


The officer conducting the hearing on the application for a derivative certificate of citizenship shall lift the applicant's Form I-151/I-551, if he/she possesses one. (TM 12/86)


The certificate of citizenship in derivative cases shall not be delivered until the applicant has surrendered any Form I-151/I-551 he/she has in his/her possession. When the card is surrendered, the officer shall make the endorsement, "AR Card surrendered, mutilated and delivered for destruction of record material." All surrendered cards shall be destroyed as provided by AM 2117.07 (1). If the applicant claims loss, destruction, or non-receipt of Form I-151/I-551, he/she shall be carefully questioned to determine the validity of the claim, and if deemed appropriate, an investigation may be conducted. If loss, destruction, or nonreceipt is established, the officer shall make the notation "Loss (destruction, or non-receipt) satisfactorily shown" followed by date and initials on Form N-601 in the column head "Post-exam action required." (TM 12/86)


For approved cases processed by a remote site, a certificate of citizenship, prepared to the point of issuance, will be attached to the application being returned to the appropriate field office. After the applicant executes the oath of allegiance and signs the certificate, the certificate will be delivered personally immediately upon the conclusion of the examination if possible. If delivery cannot be accomplished at that time (especially when the examination takes place away from the field office), the signature to the certificate shall be obtained in blank, the oath of allegiance executed, and the certificate subsequently completed and delivered by mail. (TM 12/86)


The certificate shall only be mailed to the addressee in the United States, as that term is defined in the Act. The envelope containing the certificate shall be marked DO NOT FORWARD--RETURN RECEIPT REQUESTED--DELIVER TO ADDRESSEE ONLY. Delivery of the certificate by mail shall not be attempted if in an individual case the possibility exists that, in spite of these restrictions, the certified article may be delivered to other than the addressee or to him/her at a place other than in the United States (for example, to the addressee's order or at an APO overseas address.) (TM 12/86)


OI 341.11 Authorized determinations of citizenship status.


See OI 103.7     (TM 12/86)


OI 341.12 Officers assigned to conduct examinations.


(TM 12/86)


The district Director's authority under 8 CFR 341.2(d) may be redelegated to the officer in charge in suboffice, Assistant District Director/Examinations or Supervisory Immigration Examiner, as appropriate, at the District Director's discretion. (TM 8/84)




\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 341 Certificates of citizenship.
Previous Document  Next Document