(e) One who married an alien prior to March 2, 1907, who, as a result of such marriage, acquired the nationality of the country of which her husband was a national, and who, subsequent to the marriage and prior to September 22, 1922, resided permanently abroad. In such case a woman must submit evidence that she resumed or reacquired American citizenship.

§ 51.67 Evidence of husband's citizenship. An American-born woman who was married to an American citizen prior to September 22, 1922, must submit evidence of her husband's citizenship.

§ 51.68 American citizenship lost by marriage to alien. An American woman who lost American citizenship by marriage to an alien and whose husband became naturalized prior to September 22, 1922, must submit the certificate of naturalization of her husband.

§ 51.69 Alien-born women. The following classes of alien-born women must submit evidence of their own citizenship:

(a) One who has never been married, and who has been naturalized in her own right or through the naturalization of either or both parents, or through the resumption of American citizenship by the mother or by the latter's repatriation.

(b) One who, subsequent to acquiring American citizenship, married an alien prior to September 22, 1922, and who, after the termination of the marital status, resumed American citizenship under section 3 of the act of March 2, 1907, 34 Stat. 1228, or was naturalized in her own right.

(c) One who, subsequent to acquiring American citizenship, married an alien prior to September 22, 1922, and who subsequent to that date was naturalized as an American citizen.

(d) One who was married after September 22, 1922, but whose claim to citizenship is based upon her own naturalization or the naturalization of either or both parents or through the resumption of American citizenship by the mother or by the latter's repatriation as a citizen of the United States.

(e) One who, subsequent to acquiring American citizenship, married an alien ineligible to citizenship on or after September 22, 1922, and prior to March 3, 1931, and who since the latter date has been naturalized as an American citizen.

§ 51.70 Additional evidence of American citizenship. The Secretary of State may require such additional evidence of citizenship as in his judgment may be necessary to establish the citizenship of an applicant for a passport.

RESIDENT OF OUTLYING POSSESSION OF THE UNITED STATES NOT BORN OR NATURALIZED IN THE UNITED STATES BUT WHO OWES PERMANENT ALLEGIANCE, WHETHER A CITIZEN OR NOT, TO THE UNITED STATES

§ 51.71 Resident of outlying possession of the United States to give facts necessary to determine nationality status. A resident of an outlying possession of the United States who was not born or naturalized in the United States but who owes permanent allegiance, whether a citizen or not, to the United States, who was born in an outlying possession at a place where official records of birth were kept at the time of his birth, must submit with his application evidence of citizenship (nationality) of the nature described in § 51.51, except that when a proper birth or baptismal certificate cannot be submitted or an affidavit cannot be obtained from a person who attended the birth, the applicant must submit affidavits of two credible persons stating how long they have known the applicant and through what source the knowledge of the date and place of the applicant's birth was acquired.

[E. O. 7856, 3 F. R. 799, as amended at 8 F. R. 7307]

§ 51.72 Additional documentary evidence of American nationality. The applicant must submit such additional documentary evidence as may be necessary to show conclusively that he has acquired American nationality under any law of the United States or any treaty to which the United States is a party.

§ 51.73 Citizen of Commonwealth of the Philippines. An applicant who claims to be a citizen of the Commonwealth of the Philippines must submit such documentary evidence as may be necessary to show conclusively that under the laws of the United States or of the Philippine Islands in effect at the time of the adoption of the Constitution of the Philippines he was a citizen of the Philippine Islands and hence acquired citizenship in the Commonwealth, or that he subsequently, under the Constitution or under the laws subsequently enacted by the legislature of the Commonwealth of the

Philippines, acquired citizenship in that Commonwealth.

AFFIDAVITS

§ 51.74 Affidavits. Any affidavit which may be required under the rules in this part or shall be submitted in support of an application for a passport or the renewal, extension, or amendment of a passport shall be considered as, and become, a part of the application.

ADDITIONAL REGULATIONS

§ 51.75 Refusal to issue passport. The Secretary of State is authorized in his discretion to refuse to issue a passport, to restrict a passport for use only in certain countries, to restrict it against use in certain countries, to withdraw or cancel a passport already issued, and to withdraw a passport for the purpose of restricting its validity or use in certain countries.

§ 51.76 Violation of passport restrictions. Should a person to whom a passport has been issued knowingly use or attempt to use it in violation of the conditions or restrictions contained therein or of the provisions of the rules in this part, the protection of the United States may be withdrawn from him while he continues to reside abroad.

§ 51.77 Secretary of State authorized to make passport regulations. The Secretary of State is authorized to make regulations on the subject of issuing, renewing, extending, amending, restricting, or withdrawing passports additional to the rules in this part and not inconsistent therewith.

Subpart B-Regulations of the Secretary of State

AUTHORITY: §§ 51.101 to 51.134 issued under sec. 1, 44 Stat. 887; 22 U. S. C. 211a. Statutory provisions interpreted or applied are cited to text in parentheses.

SOURCE: §§ 51.101 to 51.134 contained in Departmental Order 749 (DR 299–q), Mar. 31, 1938, except as noted following sections affected. Redesignated by Departmental Regulation 108.77, 13 F. R. 6349.

§ 51.101 Passport agents of the Department of State. Agents of the Department of State authorized to take applications for passports and perform passport services in the United States are stationed at Miami, New York, San Francisco, and in the Department of State at Washington.

[8 F. R. 7307, redesignated by Dept. Reg. 108.77, 13 F. R. 6349, further redesignated at 13 F. R. 8291]

§ 51.103 Blank forms. Blank forms of applications for use in applying for passports will be furnished, on request, without charge, by the Department of State to persons who wish to apply for passports.

§ 51.104 Blank forms supplied to passport agents. Passport agents of the Department of State and clerks of courts authorized to take passport applications should, upon request, be supplied with the necessary blank forms of application for passports.

§ 51.105 Transmission of applications by registered mail. Applications after being properly prepared and executed should be sent by registered mail directly to the Passport Division, Department of State, Washington 25, D. C., by the passport agents or by the clerks of courts before whom they are executed.

§ 51.106 Transmission of applications by special delivery or air mail. An applicant who so requests may have his application transmitted to this Department at his own risk by special delivery or air mail. For this purpose he must furnish the passport agent or clerk of the court taking the application with a special delivery stamp or sufficient air mail stamps.

§ 51.107 Immediate action upon application. If there is a valid reason for immediate action upon any application, a brief statement to that effect by the officer before whom the application is executed may be endorsed on the face of the application.

§ 51.108 Transmission to applicant by registered mail. As a rule a passport will be forwarded to the applicant by registered mail, directed to the address given in the application, except that a passport will not be forwarded to a hotel unless the hotel is the applicant's place of permanent residence, which fact should be set forth in a supplementary statement, or unless the applicant sets forth in a supplementary statement a reason for sending the passport to a hotel other than that in which he may reside, making it clear that it is unlikely that if the passport is sent to the hotel named it would be lost. In such an exceptional case the passport will be forwarded at the risk of the applicant.

§ 51.109 Transmission to applicant by special delivery or air mail. On the request of the applicant, a passport which

has been issued, or a passport which has been submitted for amendment or extension, will be forwarded to the applicant by special delivery or air mail at the applicant's risk, provided there is attached to the application sufficient special delivery or air mail stamps. If the appli

cant desires the passport forwarded by air mail a registry stamp should also be forwarded. If stamps are not enclosed when it is desired that the passport be forwarded by air mail or special delivery, a separate money order should be enclosed covering postage. The cost of postage should not be included in the money order covering the passport or renewal fee.

§ 51.110 Surrender of old passports. An applicant for a new passport who holds an expired or an unexpired passport issued on or after January 3, 1918, should submit the old passport to the official before whom he executes his application for a new passport.

§ 51.111 Method of cancelation. Old passports submitted to clerks of courts by native citizens may be canceled by cutting off with scissors about 1 inch of the lower outer corners of both covers and all the pages of the passport.

A

§ 51.112 Notation of cancelation. notation of the cancelation, giving the date, number, and place of issue of the canceled passport, should be made on the margin of the new application.

§ 51.113 Old passports of naturalized citizens. An old passport held by a person who claims citizenship through naturalization should be attached to the application for a new passport and forwarded to the Department for cancelation.

§ 51.114 Inability to present old passport for surrender. If the applicant for a new passport is unable to present for cancelation or surrender a previous passport, issued since January 2, 1918, which has expired, he should state in his application the disposition of the passport. If the previous passport is still valid, the applicant should submit a separate statement, under oath, setting forth in circumstantial detail the disposition of the passport.

§ 51.115 Section 2 of the act of May 16, 1932; period of validity. Section 2 of the act of May 16, 1932 (47 Stat. 157; 22 U.S. C. 217a), provides in part as follows:

the period of renewal of a passport to less than two years: Provided further, That the charge for the issue of an original passport shall be $9.

§ 51.116 Passports valid for 2 years; restricted periods. Hereafter passports will be issued valid for a period of 2 years from the date of their issue. They may, however, be restricted in validity to a period of less than 2 years from the date of issue. A passport which has been restricted for a period of less than 2 years shall not be extended by a passport agent, the chief executive of one of the outlying possessions of the United States, the United States High Commissioner to the Philippine Islands, or by an American diplomatic or consular officer, except upon the express authorization of the Department of State.

§ 51.117 Period of validity of renewed passports. A passport which was issued within the period of 4 years prior to application for renewal may be renewed but in any case where a person fails to apply for renewal of his passport prior to or immediately after the expiration of the original period of validity of his passport, his passport, when renewed, shall not extend beyond a period of 4 years from the original date of issue. The validity of the renewal of a passport may be restricted to a period of less than 2 years and a passport so limited may not be extended except upon the express authorization of the Department of State. § 51.118 Fee for renewal. The fee for the renewal of a passport is $5.

§ 51.119 No fee for extension of passport to make it valid for 2 years from date of issue, etc. No fee shall be collected for the extension of a passport to make it valid for a period of 2 years from the date of issue where it was originally issued valid for a period of less than 2 years. No fee shall be collected for the extension of a passport which has been renewed to make it valid for more than 2 but less than 4 years from the date of issue.

§ 51.120 Minor child. When an application is made for a passport to include a minor child who will attain majority before the expiration of the period of 2 years from the date of issue, the passport shall be limited in validity to the date upon which such child will attain majority. An exception may be made to this rule when the child will attain majority within a period not exceeding 3 months prior to the date of expiration of the 2-year period. The two preceding sentences shall be applicable to a case where application is made for the renewal of a passport which includes a minor child who will attain majority before 4 years from the date of the original issue of the passport.

§ 51.121 Remaining validity of more than 6 months. Passports having a remaining validity of more than 6 months should not be renewed unless special circumstances warrant exceptional procedure.

§ 51.122 Requests for renewal. Requests for renewal may be made by personal application or letter addressed to the Department of State or to a passport agent of the Department of State.

§ 51.123 Passport to accompany request for renewal. Each request for renewal should be accompanied by the passport desired to be renewed.

§ 51.124 Requests for the extension of the validity of a passport to the two- or four-year period. A person in the United States who has been issued a passport the original period of validity of which was restricted to less than 2 years from the date of issue or whose passport when renewed beyond the original period of 2 years was restricted to less than 4 years from the date of issue and who desires to apply for an extension of the validity of such passport to the 2- or 4-year period, as the case may be, should communicate with the Department of State, unless he resides in a place where there is an agent of the Department of State, in which case the application for extension may be forwarded through such agent.

§ 51.125 Applicant for renewal to submit documentary evidence of the necessity of his journey abroad. An applicant for the renewal or extension of his passport may be required to submit satisfactory documentary evidence of the necessity and purpose of his journey abroad.

§ 51.126 Section 1 of the act of June 4, 1920; fee for executing an application for a passport. Section 1 of the act of June 4, 1920 (41 Stat. 750; 22 U. S. C. 214), reads in part as follows:

That nothing herein contained shall be construed to limit the right of the Secretary of State by regulation to authorize the retention by State officials of the fee of $1 for executing an application for a passport.

§ 51.127 Fees to be retained by clerks of courts other than Federal courts. Clerks of courts other than Federal courts, who are authorized to take applications for passports, are hereby authorized to retain a fee of $1 for executing each application for a passport. They may not charge nor retain more than that amount for executing an application for a passport. This section does not in any manner restrict the right of any State to make laws or regulations concerning the disposition of fees retained by clerks of State courts for executing applications for passports.

§ 51.128 Section 4 of the act of June 4 1920; refunds of passport fees. Section 4 of the act of June 4, 1920 (41 Stat. 751; 22 U. S. C. 216), reads in part as follows:

Whenever the appropriate officer within the United States of any foreign country refuses to visé a passport issued by the United States, the Department of State is hereby authorized upon request in writing and the return of the unused passport within 6 months from the date of issue to refund to the person to whom the passport was issued the fees which have been paid to Federal officials, and the money for that purpose is hereby appropriated and directed to be paid upon the order of the Secretary of State.

§ 51.129 Return of passport fees. A person who desires to have the fee or fees paid to a Federal official or officials for a passport returned to him because of his inability to secure the necessary visa must return his unused passport to the Department of State within 6 months from the date of issue of the passport and submit therewith a signed request for refund. The request must contain a statement to the effect that he has applied for a visa and that the visa has been refused, and should state the reasons, if any, assigned for the refusal of the visa. If such person has received a statement in writing from a foreign official refusing to visa his passport, the statement should be submitted to this Department as evidence of the refusal of the visa.

§ 51.130 Fees erroneously collected. Section 3 of the act of July 3, 1926 (44 Stat. 887; 22 U. S. C. 214a), provides in part as follows:

That whenever a fee is erroneously charged and paid for the issue of a passport to a person who is exempted from the payment of such a fee by section 1 of "An act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June 30, 1921," approved June 4, 1920 (Forty-first Statutes, page 750), the Department of State is hereby authorized to refund to the person who paid such fee the amount thereof, and the money for that purpose is hereby authorized to be appropriated.

When a fee has been erroneously collected from any person who is exempted from the payment of the fee for the issue of a passport, he or she may submit the matter in writing to the Department of State and at the same time submit such evidence as is required by the rules governing the granting and issuing of passports in the United States (Subpart A of this part) to show that he or she is exempted from the payment of such fee.

§ 51.131 Inquiries concerning applications submitted. The Department of State will act upon applications as promptly as possible after their receipt. Inquiry concerning applications should be made only in cases of emergency, since the time consumed in responding to such inquiries necessarily retards the examination of applications. However, in such emergency cases inquiry should be made directly to the Department of State by the applicant.

§ 51.132 Applications to be submitted sufficiently far in advance. Application should be submitted sufficiently far in advance of the date upon which a passport is required to permit the Department to communicate, when necessary, with the applicant or other persons concerning the citizenship of the applicant or with respect to any defects which may appear in the application or any further information concerning the applicant which the Department may deem necessary.

§ 51.133 Address of communications. Communications should be addressed to the Department of State, Passport Division, Washington 25, D. C. Each communication should give the post office address of the person to whom the answer is to be directed.

False and misleading statements.
Women and children.

Travel in opposing belligerent coun-
tries.

Protection of the United States.

Validity restricted to period necessary to accomplish purpose.

52.8 Passports in possession of persons now residing abroad.

52.9 Passport to contain

name of each

country citizen intends to visit and object of visit.

AUTHORITY: §§ 52.1 to 52.9 issued under sec. 1, 44 Stat. 887; 22 U. S. C. 211a.

SOURCE: $ 52.1 to 52.9 contained in Departmental Order 811 (DR 299-s), 4 F. R. 3892, except as noted following section affected. Redesignated by Departmental Regulation 108.77, 13 F. R. 6349.

§ 52.1 Passport must be submitted to the Department of State. No passport heretofore issued shall be valid for use in traveling from the United States to any country in Europe unless it is submitted to the Department of State for validation.

§ 52.2 Documentary evidence concerning imperativeness of proposed travel— (a) Travel for commercial purposes. Before the Department of State will validate any passport heretofore issued for use in any country in Europe, it will be necessary for the person to whom the passport was issued to submit documentary evidence concerning the imperativeness of his proposed travel. A person who desires to travel in Europe for commercial purposes must support his application for the validation of his passport or for the issue of a passport with a letter from the head of the firm in the interests of which he intends to go to Europe. Such letter must state not only the names of the European countries which the applicant expects to visit and the objects of his visits thereto, but, in addition, whether or not the ap