8 C.F.R. § 338.11   Execution and issuance of certificate of naturalization by clerk of court.


Title 8 - Aliens and Nationality


Title 8: Aliens and Nationality
PART 338—CERTIFICATE OF NATURALIZATION

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§ 338.11   Execution and issuance of certificate of naturalization by clerk of court.

(a) When a petitioner for naturalization, whose petition for naturalization was filed prior to October 1, 1991, has taken and subscribed to the oath of allegiance, and a final order of citizenship has been signed by the court, a certificate of naturalization shall be issued in duplicate by the clerk of court on Form N–550 (rev. 11–1–87) or N–550C. If the court maintains naturalization records using the certificate stub, the certificates and the stub of the original certificate shall be signed by the petitioner. If the court maintains naturalization records on an electronic database then only the certificates shall be signed by the petitioner and the information contained on the stub shall be entered into and maintained in the court's electronic database.

(b) The certificate shall show under “former nationality” the name of the country of which the petitioner was last a citizen, as shown on the petition, even though the petitioner may have been stateless at the time of admission to citizenship. The clerk of court or the authorized deputy shall endorse the alien registration number on the certificate stub, or if using automation equipment, ensure it is part of the electronic database record. The clerk of court or the authorized deputy shall personally sign the certificate, and ensure that the essential facts from the certificate are on the stub or entered into the electronic database record. Both certificates and stubs shall be prepared in one operation unless an automated system is used. Photographs shall be affixed to the original and duplicate certificates in the manner prescribed in 8 CFR part 333.

(c) The stub of the original certificate or the information recorded from the stub that is maintained on the electronic database shall be retained by the clerk of court. Courts using the certificate stub shall file and maintain the stub in a 3&inch;×5&inch; card file container. The electronic record shall be maintained in an accessible database with a back-up system to ensure protection and integrity of data. The original certificate shall be delivered to the petitioner. The duplicate certificate shall not be separated from the stub, and shall be forwarded to the appropriate office of the Immigration and Naturalization Service with all other duplicate papers or records in accordance with 8 CFR part 333.

[56 FR 30679, July 5, 1991, as amended at 56 FR 50501, Oct. 7, 1991]

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