\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 392 Special classes of persons who may be naturalized:Persons who die while serving on active duty with the United States armed forces during certain periods of hostilities.
Previous Document Next Document
OI 392 Special classes of persons who may be naturalized:Persons who die while serving on active duty with the United States armed forces during certain periods of hostilities.
OI 392.1 Receipt of application.
Upon receipt of Form N-644, Application for Posthumous Citizenship, at the Service Center, an initial review should be made to ensure that the form is properly signed in accordance with the instructions, and is accompanied by the appropriate fee. Provided these requirements are met, the application shall be accepted and keyed into the appropriate electronic adjudications accounting system. A fee receipt shall then be issued for the transaction and mailed to the applicant. The original Form N-644 and acco
mpanying documentation shall be returned to the applicant in cases where:
(a)
The form is not properly signed in accordance with the instructions, or
(b)
The form is not accompanied by the appropriate fee.
OI 392.2 Central Index System (CIS) Checks.
After receipting of the application, the Central Index System (CIS) will be checked to determine if an A-File exists relative to the deceased, or if the deceased was ever naturalized. Where there is an existing A-File, the application Form N-644, and any accompanying documentation must be filed therein. If there is no existing A-File, one shall be created.
OI 392.3 Review of application.
After creation or receipt of the A-File the application and supporting documents will be reviewed. Additional information will be requested of the applicant using Form I-797, Notice of Action, when it appears that additional documentation is necessary or there is missing information. The application may be denied (consistent with OI 393.5) at this time or after receipt of the additional information if:
(a)
The deceased was previously naturalized;
(b)
The Service has already granted the decedent posthumous citizenship based on a previous application;
(c)
The form is filed not later than March 5, 1992, or two years after the date of death of the alien or noncitizen national service person, whichever date is later; or
(d)
The application is not filed by an authorized requester (see 8 CFR 392(a)).
OI 392.4 Request for verification of military service and service-connected death.
(a)
After the application has been preliminarily processed and fee receipted, reviewed, and determined to be otherwise eligible, a copy f the application and original of any supporting documentation shall be made and retained in the file. The original Form N-644 and copies of supporting documents relating to the service and death of the decedent shall then be forwarded, until further notice, to COADN, Room 7223, at the close of each business day, by certified mail.
(b)
COADN will, in turn, forward Forms N-644 to the Department of Defense (DOD) for certification of honorable active duty military service and service-connected death, as well as verification of place of enlistment, reenlistment, or induction.
(c)
Form N-644 filed on behalf of a person who served in the United States Coast Guard during World War II or during another designated period of military hostilities shall be forwarded by COADN to the Department of Transportation (DOT).
(d)
After DOD and DOT have completed their action, they will return the application forms to COADN forwarding to the appropriate Service Center.
(e)
When received at the Service Center, the original Form N-644 shall replace the copy and be retained in the file, and the application shall be adjudicated. COADN shall be furnished a list of all approved cases on a bi-weekly basis.
OI 392.5 Denial of N-644.
Denials will be issued in the name of the Service Center director by letter (in accordance with
8 CFR 392.3(d))
stating the reasons for the denial. COADN shall be sent copies of all denials.
OI 392.6 Preparation of certificate.
(a)
Upon approval of an application for an initial granting of posthumous citizenship or replacement certificate, the director of the Service Center shall prepare Form N-645, Certificate of Citizenship. The decedent's alien registration receipt number must be entered where indicated on the certificate. The Commisioner's facsimile signature shall be affixed to the certificate and the INS dry seal shall be placed on the left-hand side of the certificate.
(b)
Form N-645, Certificate of Citizenship, is a security document, and must be controlled and maintained as such. The serial number of each certificate issued shall be entered in a separate log maintained of this purpose. Service Center directors shall be responsible for the security of Forms N-645.
OI 392.7 Delivery of certificate.
The Form N-645 shall be delivered to the requester by certified mail to the address specified by the requestor on the application Form N-644.
OI 392.8 Closing procedures.
After delivery of the certificate, CIS will be updated to reflect the Certificate serial number issued, the date of issuance, and the location of the office issuing the certificate. Under Court location in the Naturalization information blocks "POST" must be entered. Codkng Form G-173 must be completed for each case (See AM 2361.02)
OI 392.9 Replacement of Form N-645.
Form N-565, Application for New Naturalization of Citizenship Paper, must be submitted, with fee, to the Service Center having jurisdiction over the applicant;s State of residence. A person residing abroad shall submit the application to the Service Center that issued the original certificate.A fee receipt shall be issued for the transaction.