(b) Persons authorized and empowered by the Secretary to administer oaths. The following persons are hereby authorized and empowered by the Secretary to administer oaths for passport purposes:

(1) A passport agent.

(2) A clerk of any Federal court.

(3) A clerk of any State court of record or a judge or clerk of any probate court.

(4) A postal clerk designated by the Postmaster General.

(5) A diplomatic or consular officer abroad.

(6) Any other persons specifically designated by the Secretary.

(c) Persons who have previously been issued a passport. A person in the United States who has previously been issued a passport in his own name may obtain a new passport by filling out and mailing a specially prescribed application together with his previous passport, two signed photographs taken within 6 months of application and the established fee to the nearest U.S. Passport Agency or to the Passport Office in Washington, provided he meets the following requirements:

(1) The previous passport must have been issued when the applicant was 18 years of age or over.

(2) The previous passport must have been issued within 8 years prior to the date of the present application.

(3) The previous passport must be submitted with the present application. If the applicant is unable to meet the above requirements he must execute an application in accordance with paragraph (a) of this section.

(d) Inclusions. If any person other than the applicant is to be included in a passport the application must be executed in accordance with paragraph (a) of this section.

(e) Diplomatic and official passport applications. The provisions of paragraph (c) of this section shall not apply to applications for diplomatic or official passports.

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968, as amended by Dept. Reg. 108.623, 35 F.R. 10656, July 1, 1970]

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or affirm the facts pertaining to his or her identity and citizenship.

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968]

§ 51.23

Names of applicant and persons to be included.

The passport application shall contain the full name of the applicant and of any person to be included in the passport. The applicant shall explain any material discrepancies between the names to be placed in the passport and the names recited in the evidence of citizenship and identity submitted. The passport issuing office may require documentary evidence or affidavits of persons having knowledge of the facts to support the explanation of the discrepancies. § 51.24 Change of name.

An applicant whose name has been changed by court order or decree shall submit with his application a certified copy of the order or decree. An applicant who has changed his name by the adoption of a new name without formal court proceedings shall submit with his application evidence that he has publicly and exclusively used the adopted name over a long period of time.

(a) General. The applicant shall submit with his application duplicate photographs of the size specified in the application which are a good likeness of and satisfactorily identify the applicant. The photographs shall be signed by the applicant in the same manner and form as the application.

(b) Group photographs. An applicant who wishes to include members of his family shall submit a group photograph consistent with the photograph requirements in paragraph (a) of this section. If group photographs are not feasible, duplicate photographs of each member accompanying the applicant shall be submitted.

(c) Photographs of uniformed personnel. Only applicants who are in the active service of the Armed Forces and proceeding abroad in the discharge of their duties may submit photographs in the uniform of the Armed Forces of the United States.

(a) Definitions. A minor is an unmarried person under the age of 18 years.

(b) Execution of application by minors. A minor may execute an application in his own behalf if he can understand the statements contained in the application. The passport issuing office may require a minor to obtain and submit the written consent of a parent, a legal guardian, or a person in loco parentis to the issuance of the passport.

(c) Execution of applications for minors by parent or guardian. A parent, a legal guardian, or a person in loco parentis may execute a passport application on behalf of a minor under 18 years of age if in the judgment of the person before whom the application is executed it is not desirable for the minor to execute his own application.

(d) Objection by parent or guardian in cases not involving the custody of the minor. At any time prior to the issuance of a passport to a minor and upon receipt of a written objection from a person having legal control of the minor, the passport issuing office may disapprove the minor's application.

(e) Objection by parent or guardian in cases involving the custody of the minor. When there is controversy concerning the custody of a minor, the passport issuing office will issue a passport to the minor unless it receives a court order giving custody of the minor to the objecting parent, legal guardian, or person in loco parentis.

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966, as amended at 31 F.R. 14521, Nov. 11, 1966]

§ 51.28 Identity of applicant.

(a) If the applicant or any person to be included is not personally known to the official receiving the application he shall establish his identity by the submission of a previous passport, other identifying documents or by an identifying witness.

(b) If an applicant submits an application under the provisions of para

The passport issuing office will not accept as witness to a passport application a person who has received or expects to receive a fee for his services in connection with executing the application or obtaining the passport.

§ 51.31 Affidavit of identifying witness.

(a) An identifying witness shall execute an affidavit stating: That he resides at a specific address; that he knows or has reason to believe that the applicant is a citizen of the United States; the basis of his knowledge concerning the applicant; and that the information set out in his affidavit is true to the best of his knowledge and belief.

(b) If the witness has a U.S. passport, he shall state the place of issue and, if possible, the number and approximate date of issue.

(c) The identifying witness shall subscribe to his statement before the same person who took the passport application. [Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966, as amended at 31 F.R. 14522, Nov. 11, 1966]

§ 51.32

Amendment of passports.

(a) Request for amendment. Applications for amendment of a passport shall be made on forms prescribed by the Department.

(b) Inclusion by amendment. An amended passport may include any of the persons entitled to inclusion under § 51.5. However, a passport may not be amended to include:

(1) A person who bears or is already included in a valid passport, unless that passport is submitted for cancellation or amendment to exclude such person, or satisfactory explanation is made why the passport cannot be submitted.

(2) A person previously excluded from that same passport.

(c) Exclusion of the bearer by amendment. A passport cannot be amended to exclude the person to whom the passport was issued.

§ 51.41

Documentary evidence.

Every application shall be accompanied by evidence of the U.S. nationality of the applicant and of any other person to be extended passport services. § 51.43 Persons born in the United States applying for a passport for the first time.

(a) Primary evidence of birth in the United States-(1) Birth certificate. A person born in the United States in a place where official records were kept at the time of his birth may submit a birth certificate under the seal of the official custodian of birth records. To be acceptable, a certificate must show that the birth was recorded at the time of birth or within a reasonable time thereafter.

(2) Baptismal certificate. If a birth certificate is not available, the applicant may submit a baptismal or other church record as evidence of birth. The certificate must recite the name of the child, the date and place of birth, the date of baptism or other ceremony which is the basis of the record, the name and location of the church, and the date the record was made. The certificate must bear the signature of the official custodian of the church, if it has one. The certificate must also show that the baptism or other ceremony took place within a reasonable time after birth and was recorded shortly after the ceremony.

(b) Secondary evidence of birth in the United States. If the applicant cannot

submit primary evidence of birth, he shall submit the best obtainable secondary evidence. As secondary evidence of birth an applicant may submit for consideration documentary evidence such as census records, newspaper files, family Bibles, ships' logs and affidavits of persons with personal knowledge of the facts of the birth. The passport issuing office will consider secondary evidence if the applicant submits a certificate of "no record of birth" by the official custodian of the birth records of the place at which the birth occurred.

§ 51.44

Persons born abroad applying for a passport for the first time. (a) Naturalization in on right. A person naturalized in his own right as a U.S. citizen shall submit with his application his certificate of naturalization.

(b) Derivative citizenship at birth. (1) An applicant who claims to have derived citizenship by virtue of his birth abroad to a U.S. citizen parent or parents may submit his won certificate of citizenship (Section 1993, Revised Statutes, as amended by Act of May 24, 1934; section 201 of the Nationality Act of 1940; section 301 of the Immigration and Nationality Act of 1952).

(2) In lieu of a certificate of citizenship, the applicant may submit evidence of his parent(s)' citizenship at the time of his birth, and evidence of his and his parent(s)' residence and physical presence in the United States. The passport issuing office may require the applicant to establish the marriage of his parents and/or grandparents and his relationship to them.

(c) Derivative citizenship subsequent to birth. (1) An applicant who claims U.S. citizenship by virtue of the naturalization of his parent or parents subsequent to his birth may submit his own certificate of citizenship.

(2) In lieu of a certificate of citizenship the applicant may submit the naturalization certificate of the parent or parents through whom he claims U.S. citizenship. In this case, he must also show that he resided in the United States during minority as required by the law under which he claims citizenship.

(3) If an applicant claims citizenship through a mother who resumed citizenship or a parent who was repatriated, he must submit evidence thereof. The applicant must establish also that he resided in the United States for the period prescribed by law.

MARRIED WOMEN

§ 51.45 Marriage to an alien prior to March 2, 1907.

A woman citizen of the United States who married an alien prior to March 2, 1907, did not lose her U.S. citizenship unless she acquired as a result of the marriage the nationality of her husband and thereafter took up a permanent residence abroad prior to September 22, 1922.

§ 51.46 Marriage to an alien between March 2, 1907, and September 22, 1922.

(a) A woman citizen of the United States who married an alien between March 2, 1907, and September 22, 1922, lost her U.S. citizenship, except as provided in paragraph (b) of this section. At the termination of the marital relation she could resume her U.S. citizenship, if abroad, by registering as a U.S. citizen within 1 year with a Consul of the United States, or by returning to reside in the United States, or, if resident in the United States, by continuing to reside therein. (Section 3 of the Act of March 2, 1907.)

(b) A woman citizen of the United States who married an alien between April 6, 1917, and July 2, 1921, did not lose her citizenship, if the marriage terminated by death or divorce prior to July 2, 1921, or if her husband became a U.S. citizen prior to that date. She may establish her citizenship by proving her U.S. citizenship prior to marriage and the termiantion of the marriage or acquisition of U.S. citizenship by her husband prior to July 2, 1921.

§ 51.47 Marriage prior to September 22, 1922, to an alien who acquired U.S. citizenship by naturalization prior to September 22, 1922.

A woman citizen of the United States who lost her citizenship by virtue of her marriage to an alien between March 2, 1907, and September 22, 1922, and who reacquired U.S. citizenship through the naturalization of her husband prior to September 22, 1922, may establish her U.S. citizenship by submitting her husband's certificate of naturalization.

§ 51.48 Marriage between September 22, 1922, and March 3, 1931, to an alien ineligible to citizenship.

A woman citizen of the United States who lost her U.S. citizenship by virtue of her marriage to an alien ineligible to

citizenship between September 22, 1922, and March 3, 1931, but who reacquired her citizenship by naturalization in accordance with applicable law shall submit with her application her certificate of naturalization (sec. 3 of the Act of Mar. 3, 1931).

§ 51.49 Marriage on or after September 22, 1922, to an alien eligible to naturalization.

A woman citizen of the United States who on or after September 22, 1922, married an alien eligible for naturalization did not thereby lose her U.S. citizenship and need only submit evidence of her own citizenship before a passport issuing office.

§ 51.51

Former nationals of Spain or Denmark.

Former nationals of Spain or Denmark who acquired nationality or citizenship of the United States under an act of Congress or treaty by virtue of residence in territory under the sovereignty of the United States shall submit evidence of their former nationality and of their residence in such territory.

§ 51.52 Citizenship by birth in territory under sovereignty of the United States.

A person claiming nationality or citizenship of the United States under an act of Congress or treaty by virtue of his birth in territory under the sovereignty of the United States shall submit evidence of his birth in such territory.

§ 51.53 Proof of resumption of U.S. citizenship.

An applicant who claims that he resumed U.S. citizenship or was repatriated under any of the nationality laws of the United States shall submit with the application a certificate of naturalization, a certificate of repatriation or evidence of the fact that he took an oath of allegiance in accordance with the applicable provisions of the law. (Act of

June 29, 1906, as amended by Act of May 9, 1918; Act of June 25, 1936, as amended by Act of July 2, 1940, sections 317(b) and 323 of the Nationality Act of 1940 as amended by Acts of April 2, 1942, and August 7, 1946; Act of August 16, 1951, as amended by section 402 (j) of the Immigration and Nationality Act of 1952; sections 324 and 327 of the Immigration and Nationality Act of 1952; Act of July 20, 1954.)

§ 51.54 Requirement of additional evidence of U.S. citizenship.

Nothing contained in §§ 51.43 through 51.53 shall prohibit the Department from requiring an applicant to submit other evidence deemed necessary to establish his U.S. citizenship or nationality.

Subpart D-Fees

§ 51.60 Form of remittance.

Passport fees in the United States shall be paid in U.S. currency or by draft, check, or money order payable to the Department of State or the Passport Office. Passport fees abroad shall be paid in U.S. currency, travelers checks, money order, or the equivalent value of the fees in local currency.

[31 F.R. 14522, Nov. 11, 1966]

§ 51.61 Statutory fees.

Except as provided in § 51.63, (a) the fee for a U.S. passport is $10; (b) the execution fee for a U.S. passport is $2, which shall be remitted to the U.S. Treasury where an application is executed before a Federal official but which may be collected and retained by any State official before whom an application is executed; (c) the passport fee of $10 shall be paid by all applicants for a passport. The execution fee of $2 shall be paid only when an application is executed under oath or affirmation before an official designated by the Secretary for such purpose.

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968]

§ 51.62 Regulatory fees.

The Secretary may authorize the collection of additional fees in connection

with passport services. Upon publication of the fees in the FEDERAL REGISTER, the passport issuing office may collect them in the same manner as statutory fees.

§ 51.63 Exemption from payment of passport or execution fee.

(a) The following persons are exempt from the payment of passport fees:

(1) An officer or employee of the U.S. proceeding abroad on official business, or the members of his immediate family authorized to accompany or reside with him abroad. The applicant shall submit evidence of the official purpose of his travel and if applicable his authorization to have dependents accompany or reside with him abroad.

(2) An American seaman who requires a passport in connection with his duties aboard an American flag-vessel.

(3) A widow, child, parent, brother, or a sister of a deceased American serviceman proceeding abroad to visit the grave of such servicemen.

(b) No person described in subparagraph (1), (2), or (3) of paragraph (a) of this section shall be required to pay an execution fee when his application is executed before a Federal official. [Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968]

A collected passport fee shall be refunded:

(a) To any person exempt from the payment of passport fees under § 51.63 from whom fees were erroneously collected.

(b) To any person refused a visa within the United States by the appropriate officer of a foreign government, provided that the unused passport is returned and a written request for a refund is made within 6 months of the date of issue of the passport.

(c) To any applicant whose passport is not issued.

(d) To the executor or administrator of the estate of the deceased bearer of an unused passport.

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968]

§ 51.65 Replacement passports.

A passport issuing office shall issue a replacement passport without payment of a fee:

(a) To correct an error or rectify a mistake of the Department.