Supplemental Appendix — Lopez v. United States

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oe Office - Supreme Court, U.S

a 83-54 FILED

JUL 14 1993

ALEXANDER L. sr,

CLERK —

IN THE

SUPREME COURT OF THE UNITED STATES

TERM, 1983

EMMA F. LOPEZ, PETITIONER

vs.

THE UNITED STATES OF AMERICA

ANNEX TO

PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

JACOB G. HORNBERGER

4115 N. Central Expressway

Suite E

Dallas, Texas 75204

(214) 522-8021

ATTORNEY FOR PETITIONER

INDEX

The Naturalization Act of 1906 ( Act of June 29, 1906,

ae. MERC. 596) 6 catba co xe inn 6s bes 604 0 chee 6d 0h OE ee én ee A

The Nationality Act of 1940 (Act of October 14, 1940,

Pe POA. -3263)no cc tBc both oe whde Ch4 6 cobs pon eae Wes B

Article 4477, Vernon's Annotated Texas Statutes (The

Sanitary Code of Texas), Rules 34 through 57 (Vital

PORE COT con tcc eve Khe bs Sem Kee C6 60% « COUPE eos C

Article 4477b (1911), Vernon's Annotated Texas Statutes

Article 4477c (1927), Vernon's Annotated Texas Statutes

Article 4477c (1979), Vernon's Annotated Texas Statutes... D

oat

1906 STATUTE

i Ju ), 19» OHAP. 3592.—An A - a Hur Linmigr Natur ut

i Ue aru te ; rt . 2 thiren he

: That ic, Ne | L mites] St

‘

'; be atena hablhu the Senate ar at de vxe od deepreaentatirm ac Sthelnited

I: ne api ogee Stites of Ameren i" Cam reas Aatembd. d. That the de signiation af Clue

; ac histenat rte ent Buresaof Immigration in the Departinent of Comuneres somel Doalwor ts

seg ration Mer Vredey ehiamureal to the Bureau of Dmunigration ss: | Naturnlization.”

which said Bureau. under the direction an controlof the Secretary of

} lewetry of alien Comumerce and Lalor, te addition to Che duties now provided by haw,

Bs petra shall have charge of all matters cone erning then sturulization of sa} ietes,

rt t

t That it shall be the luts of the said Bureau to provi le, for use at the

1} various immigration stations throughout the United States, books of

+} record, wherein the commissioners of immmigmtion shall enuse a reytis-

H try to be made in the case of ens h alien arriving in the United States

af from and after the presen pre of this Act of the mame, aye. Coctupation,

if personal description (including beight, complexion, color of hair and

eves), the pln « of birth, the last res) lence, the Interbed } lace of resi-

‘ dence in the United States, and the dats of arrival of <u alien, and,

: if entered through a port, the name of the vessel in which be comes,

| . ertiticstes of reste Arnl it sliall be the duty of sail commissioners of hnmigration to cause

i to lw vranted to such alien a certinente of such registry, with the par-

ticulurs thereof.

Additional ofice+ sec. 2. That the Secretary of Commerce an 1 Labor shall provide tae

sar >. Sim. said Burean with such additional furnist 1 offices within the city of

Washington, slit hy Innoks of re ord nur fsa ihities, ul d =i hy it ! ! tional

nesistunts, clerks, stenogt uph ‘rs, (vpewriters, ai fether em) lovers ms

' ;

miay bee necessary for the proper cise hare of the duties HTed pm rset ly

this Act uprotr sus bh Burst. fixing the comp nantion of such adlelitional

employees until July first. nineteen hundred and seven, within the

Appropriations race for that purpose

Saturalationot See. 3. That exclusive jurisdiction to nat tralize aliens as citizens of

= see, 208. pp 3H the United States ix hereby conferred pen the following sje itieal

courts:

courte given jure = United States circuit and district courts now existing, or which may

Gierin hereafter toe established by Conyress Th nes state, United Mate- di--

triet courts for the Territories of Arizona, New Mexico, Oklahoma,

Hawaii. and Alaska, the supreme court of the District of Columbia,

and the United States courts for the Indian ‘Territory; ntl~o all courts

of record in any State or Territory now existing, or which way here- -

after be created, having » seal, a clerk, and jurisdiction in actions at,

law or equity, or law and equity, in which the amount in controversy

is unlimited.

, Restvicted to resi: That the naturalization jurisdiction of all court~ herein specitied,

dents of district. . " * , * .

State, Territorial, and Federal, shall extend only to aliens resident

within the respective judicial districts of such courts.

Hiank forms to be = =‘The courts seein specified sball, upon the requisition of the clerks

——— of such courts, be furnished from time to time by the Bureau of lrimi-

ration and Naturalization with such blank forms as may be required

in the naturalization of aliens, and all certificates of naturalization shall

be consecutively numbered and printed on safety paper furnished by

said Bureau.

Proveedings Src. 4. That an alien may he adinitted to become a citizen of the

United States in the following manner and not otherwise:

eiactaration of tn- First. He shall declare on oath before the clerk of any court author-

Qualifications, ete. ized by this Act to naturulize aliens, or his authorized deputy, in the

district in which such alien resides, two years at least prior to his ad-

mission, and after he has reached the age of eighteen years, that it is

bona fide his intention to become a citizen of the United States, and to

renounce forever all allegiance and fidelity to any foreign prince, po-

tentate, state, or sovereignty, and particularly, by name, to the prince,

potentate, state, or sovereiguty of which the alien may be at the time

ES Sess. 1. Ci. 8592. 1908. 597

a citizen or subject. And such declaration shall set forth the NAME,

aye, occupation, persousl deseription, dace of birth, last forvign resi-

deme and alleyiance, the date of arrival. the name of the vessel, if any,

in which he came to the United States. and the present place of resi-

dence in the United States of said alien: vovided, horerer, Vhat no Pream

alien who, in conformity with the haw in force at the dute of his deela- arene deciare

ration, has declared bis intention to become a citizen of the United

States shall be required to renew such de« iinmition,

Second. Not less than two years nor more than seven years after he J

: "s . ' ; . . Bip Certifieat<

bus made such declaration of iutention he sball make and file, in cupli- Kequirement

cite. a petition in writing, signed by the applicant in his own hand-

writing and duly veritied, in which petition suck Applicant shall state

bis full name, his place of residence (by street aud number, if possi-

ble), Lis oceupution, and, if possible, the date and place of his virth;

‘et ition for citizen

Pee tr tt eee

ph ‘ ;

oe A ae pee) PSSA “publ URL

i the place from which he emigrated, and the date and place of his arrival 4

eee - in the United States, und, if he entered through a port, the name of t:

~~ the vessel on which he arrived; the time when and the place and maine ae

ae of the court where he declared his intention to become a citizen of the ‘

ioe United States; if he is married he shall state the name of his wife and, se

exe = if possible, the country af her nativity and her place of residence at by y

E< Ee the time of filing his petition; aud if be bas chik ren, the name, cate, . tS.

het - and place of birth and place of residence of each child living at the es ‘

=a time of the tiling of his petition: Lnmrida/, That if he has tiled his Provie <

ptr : , , : Irevions declare »

ee declaration before the pussaye of this Act he shail not be required to tien.

on sign the petition in his own handwriting.

Te The petition shall set forth that he is not a disbeliever in or Opposed tnvlarations as to

ar to organized government, or a member of or attiliated w ith wey organ my. sini denne

eee ization or trl of persons te whing disbelief in or Opposed to organ.

aS ized yovernient, a polygamist or believer in the practice of polyyauny,

ie. und that it is his Infention to lecomen citizenof the United Satesand Renu: iation of

son ¥: to renounce absolutely nnd forever all allegiance and tilelity to any other allegiance

* *

foreign prince, potentate, state, or sovereignty, and particularly ly

* nae to the prince, potentate, state, or sovereignty of which he at the

. time of tiling of his petition may be a citizen or subject, ame that it is Intentian of perma-

his intention to reside permanently within the United States. and 20! lence: ete

whether or not he has been denied admission asacitizen of the United

States, and, if denied, the ground or grounds of such denial, the court

or courts in which such decision was rendered, und that the cause for

such denial bas since been cured or removed, and every fact material

—to bis naturalization and required to be proved upon the final hearing

of his application.

The petition sbali also be verified by the affidavits of at least two Evidence as to char.

credible witnesses, who are citizens of the United States, and who ““"**

shall state in theirattidavits that they have personally known the appli-

cant to be a resident of the United States fora period of at least tive

years continuously, and of the State, Territory, or district in which

the application is made for a period of at least one year immediately

preceding the date of the filing of his petition, and that they each have

personal knowledge that the petitioner is a person of good moral char-

acter, and that he is in every way qualitied, in their opiuion, to be

admitted as a citizen of the United States.

At the time of filing his petition there shall be filed with the clerk _Certitontes of ar-

of the court a certificate from the Department of Commerce and Labor, faa ao

. if the petitioner arrives in the United States after the passage of this

3 Act, stating the date, place, and manner of bis arrival in the United

ee States, and the decluration of intention of such titioner, which cer-

\aa tificate and declaration sball be attached to and madea part of said

. tition. '

ey P’Third. He shall. before he is admitted to citizenship, declare on oath — peclaration In open

Pee in open court that he will support the Constitution of the United States, “""

- S. : and that be absolutely and entirely renounces and ubjures all allegiance

fo 8 URS be te ote

3S.

iF:

—— : — -

a TTe

bvidence of nai

Aetree, ete tetpuitest

Additional testi-

muny

Former tithe, ete.

to be rememnecedt.

Wideows and miner

e bet bet pen,

Pubelie peti Of pe

tithe, brea cing, et:

Sulaqerias ww wit.

hoses

Filing amd docket.

ing

Hearings

Pert me

Plevtion<iay restric.

thew,

Change of nar.

Naturalization for.

vrklen to anarchists

OF por) vu ista,

é IP EY -NINTEL CONGRESS. | Spas. * On. Soe ptt nes,

amd tudelity feany foreign prince, pe Mtentute, state. or sovereiyenty und

partioulirly by name to the princes, potentate, state or sovereignty of

Which he was before a citizen or subject: that ie will support and

defend the Constitution and laws of the United States nertivost wll ene.

mies, foreign and domestic. und bear true faith and alleginnee to the

Nibe,

Fourth, It shall be made to appear to the satisfaction of the court

admitting any alien lo citizenship that tmediately preceding the date

of bis application he bas resided continuously within the United States

live years at least, and within the State or Territory where such court

is at the time beld one year at least, and that during that time he has

behaved asa man of good moral character, attached to the principles

of the Constitution of the United States, and well disposed to the good

order and happiness of the sume. In addition to the onth of the appli-

ant, the testimony of at lowst two witnesses, citizens of the United

Stites, us to the facts of residence, moral character. and attachment to

the principles of the Constitution shall be required. and the name,

place of residence, and occupation of exch witness shall be set forth in

the reeord,

Fifth. Jn case the alien applying to be admitted to sangeet hoa

borne any hereditary tithe, or has been of any of the orders of nobility

inthe Kingdon: or state from whieh he came, be shell, in addition to

the ubove requisites, make an express renunciation of his tithe or order

Of nobility in the court to which his application ix made, and his renun-

chition shall be recorded in the court.

Sixth, When any alien who has declared his intention to become "

citizen of the Uuited States dies before he is aetunily naturalized the

Widew and minor children of such alien may, by complying avith the

other provisions of this Act, be natunilized without inaking any deel.

hition Of titention,

She. 3. ‘That the clerk of the court shall, iminetiately after filing

the petition, give notice thereof by posting ina public and conspicuous

Place in his otice. or in the building in which his oftice is situated,

ier an appropriate heading, the name, nativity, and residence of the

alien, the date and place of his arrival in the United States. and the

date, us nearly as may be, for the final hearing of his petition, and the

naines Of the witnesses whom the applicant expects to summon in his

behalf; amd the clerk shall, if the applicant requests it, issite 2 subperna

for the witnesses so named by the said applicunt to appear upon the

day set for the final hearing, but in case such witnesses can not be prox

duced upon the final hearing other witnesses maty be summoned, '

Sec. 6. That petitions for naturalization may he madeand filed during

term time or vacation of the court and shall be docketed the aame day

ns filed, but final action thereon shall lx had only on stuted days, to be

fixed by rule of the court, and in no cas shall tinal action be had upon

& petition until ut least ninety days have Clapsed after tiling and post-

ing the notice of such petition: Prorida/, That no person shall be

naturalized nor shall any certificate of naturalization be ixsued by any

court within thirty days preceding the holding of any general election

Within its territorial jurisdiction. It shall be lawful, at the time and

as a part of the naturalization of any alien, for the court, in its disere-

tion, upon the petition of such alien, to mako a decree changing the

naine Of seid alien, and his certiticnte of naturalization shall be issued

to him in aecordance therewith.

See, 7. That no person who disbelieves in or who is o posed to

oranized government, or who is a member of or allilinted with uny

ormnization entertaining and teaching such disbelief in or o position

w organized government, or who advocates or teaches the duty,

Newessity, or propriety of the unlawful asaulting or killing of any

ofliver or offivers, cither of specitic individuals or of ofticors genenidly.

of the Government of the United States, or of any other orgnnized

rey

bins 4A RIO. one

We od ASD Ray 4 oie rary:

Iglat sore mnt

WiSererpe dias se

FIFTY-NINTI] CONGKESS, Spee, I. Cn. 3500 1m, ANG

government, beenuse of his or thei oficial chameter. on Whee js s

polvarmmist, shall be maturalized or be made a citizen of the United

States.

Sec. 8. That no alien shall bereafter be naturalized or admitted ws Sjenking English

acitizen of the United States who can NOt Sp» ak the long lish} LEP taser

Provcded. That this reeuirement shall pot apply to aliens whe ar j

phan sieully unable te comply therewith, if they are otherwise qualifier, Plo seatinespmeity

ter brevet citizens Of the | hited tates: od ye/ provided fi ther. That =a * applicable to

the requiretients of this section shall hot apply to ANY thien Whi bins

prio to the Pussage of this Act dev lared his Intention ter bre One meity

zen of the United States in conformity with the law in force ut the

dute of Minking such dechumation: Provided further, That the Pewpuiine ; u mem! entry.

ments Of section eivht shal] not apply to aliens who shall hereafter *"

declire their intention te become citizens aml who shall tinke bone

stend entries upon the publie hinds of the United States and comply

inall respects with the faws providing for homestead entries on stueh

lands,

Seat. That every tonal hearing Upow such petition shall tee dead iy Penal hearings

Open Court lor ferre A }ticl gen tot judyres thereof, Tere every tired copedery aoe: ord of orders,

whith miiy be piade Upon stich petition shall be under the land of thr

court and entered in full Kpona record kept for that LL GL

upon sacl tinal hearing of sueh petition the upplicant and witnesses

shall be exntrined tier outh before the court and in the presence of

the court,

Ske. lO. That in ease the Petitioner has not resided in ths State, bv idenee of rb

Territory, or district fora period of five Years continuously sail in

dintely precedine the lilinw of lis petition be Mav establish by two

Witnesses. bothin hhix petition and at the hearing, the timeof his residence

Within the State, provided that it lias been fortmore than one Vear, and

thie reduiitog portion of his tive vears’ residences within the United

States required by law to he establish, 7 ray be proved by the ch ‘Lie

tions of twoormore w theses whowre ¢ itivensoft i United Stet s. Hp

notice to the Burena of Jiamigration and Natunuization snd the United

Stites attorney for the distriet in Which said witnesses MAY reside,

Sec. 11. That the United States shall have the right toappear before — Kxaminations

wHy Court ar courts exercising jurisdiction in raituralization proceedings “or

for the purpose of cross examining the petitioner and the Wit nexses

produced in support of his petition concerning any matter touching or

in anv way athecting his right to adinission lo citizenship, and shall

have the right to call Witnesses, produce evidence, and he heard in

opposition to the yg wnting of any petition in naturalization proceedings,

See. 12. That it is bereby made the luty of the clerk of each and coun bo keep

eter

huple-

rates of de-larntions

very court exercising jurisdiction in uaturalization matters under the aid ceriteates

provisions of this Act to keep and file a duplicate of each declaration

vf intention made before him and to send to the Bureau of lmmiyra-

tion and Naturalization at Washington, within thirty days after the

issuance of a certiticate of citizenship, a duplicate of such certiticnte,

nnd to make and keep on tile in his office a stub for ench certiticnte s>

issned by him, whereon shall be entered a memorandum of all the

essential facts set forth in such certificate. It shall also he the duty of | Papers in reject

the clerk of each of said courts torreport to the said Bureau, within

thirty davs after the tim! hearing and decision of the court, the name

of each and every alien who shall he denied naturalization, and to

furnish to said Bureau duplicates of all petitions within thirty days

after the filing of the stuine, and certified copies of such other proceed-

ings and orders instituted in or ixstunl out of said court affecting or

relating: to the naturalization of aliens as may be required from time

to time by the snid Burewn,

In ease any such clerk or Officer neting under his direction shill Penaity for tafture

- : f clerk,

refuse or neyleet te comply with any of the foreyoing provisions he C8

shall forfeit and pay to the United States the sunt of twenty-five dol-

SARIN

wee.

ct ot

te 5

—

. ¥

Sad “* v ‘! rm « sf

600

Kesjeositility fier

blank.

Keturn «of deface!

@te., Vistas

Ponaly

Devlanstion

Petition, certificate

Disps ew) of (oe

Depamit by petition.

ef lor expen

Prori a:

Ketetition by clerk.

Parment for addi.

thom! clerks

Additiona! allow.

ance.

PIFTY-NINTH CONGRESS, Sess. TE Ci 8a02, 1aog

ht sin each and every Cise in which stich Violation or OMIsSsion curs,

amd the amount of such forfeiture buy be recovered by-the United

Stites in an action of debt tyninst such clerk, .

Clerks of courts having and exercising jurisdiction in naturalization

tatters shall be responsible for all blank certifientes of citizenship

received by them from time to time fromthe Bureau of Immigration

and Naturalization, and shall secount for the same to the said Buren

Whenever required soto deo by such Bureau. No certitieate of citizen.

ship-received by any such clerk whieh may be defaced or injured in

such tanner as to prevent its use as herein provided shall in any case

be destroyed. but such certificate shall be returned tothe said Bureau:

and in cuse any such clerk shall fail te return or properly account for

any certificate furnished by the said Bureau. as herein provided, be

shall be liable to the United States in the sum of fifty ba sdi ter Tne

recovered in an action of debt, for ench and every certificate not

propery necounted for or returned.

See. i. That the clerk of each and every court exercising jurisdic-

tion in naturalization eases shall charge. collect, and account for the

followiny fees in eneh moceed tinge:

For receiving and tiling a declaration Of intention and issuing a

duplicate thereof, one dollar,

For making, tiling, and docketing the petition of an alien for admis

sion as a citizen of the United States and for the final hearing thereon,

two dollars: and for entering the tinal order and the issuance of the

certificate of citizenship thereunder, if rrnted, two dollars,

The clerk of any court collecting such fees is hereby authorized to

retain one-balf of the foos collected by him in such naturilization pro-

ceeding: the remaining one-half of the naturalization fees in each ease

collected i) such « orks, res wetively, shill doe necounted for in their

quartely aeeomnts, whieh they are hereby required to render the

urea Of Immigration and Naturalization, and jwikl over to such

Bureau within thirty days from the close of each quarter in each and

every fiscal vear, and the moneys so received sball be paid over to the

disbursing Gerk of the Departient of Commerce and labor, who-

shall therenpron deposit them in the Treasury of the United States,

rendering an account therefor quarterly to the Auditor for the State

andother Departments, and the said disbursing clerk shall be held ,

responsible under his bond for said fees so received.

In audklition to the foes herein required, the petitioner shall, upon the ®

tilings of his petition to hecome a citizen of the United States, deposit

With and pay to the clerk of the court & sum of money sutlicient to

cover the expenses of subpenaing and paying the legal fees of any

Witnesses for whom he may requesta subpona, and upon the final dis-

charge of such witnesses they shall receive, if they demand the same

from the clerk, the customary and usual witness feex from the moneys

Which the petitioner shall have paid to such elerk for such Purpose,

and the residue, if any, shall be returned by the clerk to the peti-

tioner: Lorie, That the clerks of courts exercising jurisdiction in

natunilization proceedings shall be permitted to retain one-half of

the fees in any fiseal vear up to the sum of three thousand dollars,

and that all fees received hy such clerks in naturalization proceed -

ings in excess of such amount shall be necounted for and paid

over to said Bureau as in case of other fees to which the United

States may be entitled under the provisions of this Act. The

clerks of the various courts exercising jurixdiction in naturaliza-

tion proceedings shall pay all additional clerical force that may be

required in performing the duties imposed by this Act upon the clerks

of courts from fees received by such clerks in natuntlization procecd-

ings. And in case the clerk of any court collects fees in excess of the

sum of six thousand dollars in any ono year, the Secretary of Com-

meree and Labor may allow to such clerk from the money which the

yh? Bree,

7 ite ee

cee a

‘ A

pen 4 ~~

bd ‘

eee Ry

oe ®

‘ .

wes

te! Fe aa

f Be». vate

arti

pee ". aoe

_ams

RS icsanee

> ae

7 Nes:

’

he -_

nen CONGRESS. Sess. lo Cn, son,

United States shall receive additional compensation for the employ-

ment of additional clerical assistance, fut for no other purpose, if in

the opinion of the said Secretary the business of such clerk warrants

such allowance,

See. 14. That the declaritions of intention and the petitions for

naturalization shall be bound in chronologies! order in separate vol-

ues, indexed, consecutively numbered, and made part of the records

of the court. Fach certificate of naturalization issued sball besr upon

its face, ina place prepared therefor, the volume number and page

number of the petition whereon such certitiente was issued, and the

volume number and page number of the stub of such certiticate.

See. 15. That it shall be the duty of the United States district attoy

neys for the respective districts, upon aftidavit showing pood cause

therefor, to institute proceedings in uny court having jurisdiction to

nuturalize aliens in the judicial district in which the naturalized citizen

nay reside at the time of bringing the suit, for the purpose of setting

uside and canceling the certificate of citizenship on the ground of frau

or on the yround that such certitioate of citizenship was legally pro-

citizenship alleged to have been fowudulentt illegally procured

shall have sixty days personal notice in which MH make answer to the

petition of the United States; and if the holder of such certitiente be

absent from the United States or fromthe district in which le last had

his residence, such notice shall be given by publication in the manner

revided for the service of summons by publication or Uiprertn ctl esen tens

« the laws of the State or the place where such suit is bromehe,

Ifany alien whe shall have secured a certifieate of citizenship under

the provisions of this Act shall. within tive vears after the issuance of

such certificate, return to the country of his nativity. or po to any

other foreign country, and take permanent residence therein, it shall

be considered prima facie evidence of a lack of intention on the peert

of such alien to become a permanent citizen of the United States at

the time of filing his application for citizenship, and, in the absence

of countervailing evidence, it shall be suflicient in the roper proceed-

ing to authorize the cancellation of his certificate of cilizenship as

fraudulent, and the diplomatic and consular officers of the United

States in foreign countries shall from time to time, throurh the

Department of State, furnish the Department of Justice with the

names Of those within their respective jurisdictions who have such

certificates of citizenship and who have taken permanent residence in

the country of their nativity, or in any other foreign country, and

such statements, duly certitied, shall be admissible in evidence in all

courts in proceedings to cancel certificates of citizenship.

Whenever any certiticate of citizenship shall be set aside or can-

celed, as herein provided, the court in which such Judgment or decree

is rendered shall make an order canceling such certificate of citizenshi

and shall send a certitied copy of such order to the Bureau of lmnmi-

gration and Naturalization; and in cas? such certiticate was not origi-

nally issued by the court making such order it shall direct the clerk of

the court to transmit a copy of such order and judgment to the court

out of which such certificate of citizenship shall have been originally

ixsued, “And it shall thereupon be the duty of the clerk of the court

receiving such certified copy of the order and judgment of the court to

enter the same of record and to cancel such original certifiente of citi-

zenship upon the records and to notify the Bureau of lmmiyration and

Naturalization of such cancellation.

The provisions of this section shall apply not only to certificates of

citizenship issued under the provisions of this Act, but to all certificates

of citizenship which may have been issued heretofore by any court

exercising jurisdiction in naturalization proceedings under prior laws,

cured, In any such proceedings the party No the certificate of |

601

Binding of papers,

reo olings to can-

cr! certifveutes ile

kaily prvcurel

Notice tu bolder,

Canceling eertiti-

Cates of pPemon. por-

Maatewtly alr. wal,

To court of oriyinal

inne.

Canceling records,

etc.

ae = a

. . “*ge . . ’

02 @ isin CONGRESS, Sess. 1. 9%... Livni, .

“a: a. Smee. i. That every person who falsely makes, forgres, counterfeits,

titetes or “procures Trt falerdy mide, forged OT counlerteted, oF

howusly gids orussista in trle ly making, forging. of counterfeiting ~

uny certifiente of citizenship, with iwient lot Mie ee Or with the

iheut that the sea be tused by some other person OF persons.

"* shall be wuilty o felony: Lema OT such Offense shall

3 be punished by imprisonment for not more than ten veurs or by nt 3

wh ting of not more than ten thousand dollars, or Dy Doth suehy tine and’

ate lnprisoninent: re

aS. cwaihenret ie en- “Hor, 13. Sihet every person who enyrves or enuscs oF procures to

-. aravitn Prittling - . - P 2

- Teak: Stes enter be Cnymved, or assists tn engray Ing any plate in the likeness of any

;

us ~ plate desivned for thy printing of a certitiente of citizenship. or whe

[it sells any such plite, or who brings into the United States from any

Me foreign place any such plate, except under the direction of the Seere. ¢

if tary of Commerce and Labor, or other proper officer, and any person

Whe has in his control, custody, or possession any metullie plate

Cugraved after the similitude of any plate from which any such cer- ;

| lificate: lias been printed, with intent to use such plate or suffer the #

{ sHine to be used in forging or counterfeiting any such certitiente or

if WHY part thereof, and every person who prints, photoyraphs, or in any

4) Other mciner entises to Te printed, photoyrmphed, made, or executed,

i unY printor impression in the likeness of any such certitiente, or An

part thereof, or who sells any such certitieate, or brings the same inte

° the United States from wny foreign place, except by direction of some

proper otheer of the United States, or who has in bis Possession a dix.

tinctive paper which haa been adopted ty the proper officer of the

United States for the printing of such certiticute, with intent to unlaw-

fully use the same. shal! be punished by a tine of not more thar ten

thousand dollars, or hy doprisonment at hard labor for not more than

ten years, or by both such tine and imprisonment.

gale mle Be in, That ie be hereby made a felony for any clerk or other per-

Cert. seates, “son to issue or bea party to the issuance of a certificate of citizenship

contrary to the provisions of this Act. except upon a tinal order under

the hand.of a court having jurisdiction to make such order, and

Upon conviction thereof such sar or other person shall be punished

by imprisonment for not more than five years and by a fine of not

more than five thousand dollars, in the discretion of the court.

oie Pe bee ee, 10, Te every person who without lawful excuse is Possessed

Md; blankeertineats, of any blink certiticate of citizenship provided by the Bureau of :

; lmmigrition and Naturalization, with intent unlawfully to use the .

" same, shall be imprisoned at hard labor not more than five Years or be

4 fined not more than one thousand’ dollurs.

38 reanment for See. 2, That any clerk or other otticer of a court having power

Tegiecting to render ° . PY ° .

if arrounts, ete. under this Act to naturalize aliens, who willfully nevlects to render

nb true accounts of moneys received by him) for naturalization proceed-

‘

, a

a ae

Power

ale 3 wee

——.

Oe See eee ee

‘

a ts

. er.

~~ b

y* a

_— wee

im ings or who willfully neglects to y over any halance of such moneys

due to the United States within t irty days after said payment shall

1 become due and demaitd therefor has been made and refused, shall be

; deemed guilty of embezzlement of the public monevs, avat shall be

} punishable by imprisonment for not more than five years, or by a tine

of not more than five thousand dollars, or both.

iY Fe age ee; «= See. 21. That it shall be unlawful for any clerk of any court or his

it few authorized deputy or assistant exercising jurisdiction in uaturalization

aq proceedings, or to demand, charge, collect, or receive, any other or

additional fees or moneys in naturalization proceedings save the fees

; und moneys herein specitied: and a violation of any of the provisions

if Of this section or any part thereof is hereby declired to be a mis-

demeanor and shall be punished by imprisonment for not more than

; two years, or by a fine of not. more than one thousand dollars, or by

both such tine and imprisonment,

‘

’

tie

PIFTY-NINTIF CONGRESS, Spas. | Cu. Boe, Pe, 603

Sec. 22. ‘| hat the clerk of Huy Cuurt exer ising jurisdiction inv natu. BR cna tant id I~

rulization proceedings. or aHY person aeting under authority of this cigmeuu en ™

Act. who shall knowingly eertifv that a petitioner, afliant. or witness

nated tn ct athidavit. petition. or certifieate of citizenship, or other

peiperier writtog rewuired to be executed under the provisions of this

Act, personally appeared before him and was sworn thereto. or

nek now leds the execution thereof or styned the same, when in feet

, tess aid not personally tppear before

him. or Was net sworn thereto. or did net execute the same. or did

sinehi peut ented ufhant., or wit

Werk gus WOW benders Tlie Neoution thereof, shall be punished bey osu finn

hot once linesr fiver Ulicetessarmd chodl irs, or toy Hp risonnvent thet lo edXreec

hve Vours,

Sho. 20. Phat any person whe hnewingly procures natnralization in Pt me tay La

violat meet tt Provisions of f ix Act shall be fined met Theor tlian tive i ALU Te

tlivrttsiinecl chellsars, cor stand) dos Hapriscned not more than five Vears, of

bwot! HHA Upon conv tetion the court in which such couvietion is lore!

shall thereupon adiudye amd declare the final order seluoittinge sueh

peersenn fo eitize ship ved surisdiction js hereby conferred on the

eonrts diy nee j ristietion of the trink of seed offense to make stich

wlpucdiention, Luv perset who Kanon Mp stds, advises, on CHOCOMPREOS — Aroewsories

TEV pee Pscrny tet rtithedt therety tev aagopaly forer te secre outuralization.

or to tile the preliminary Jeipers declaring an intent to become a eciti-

wenoof the Lonitedd States. or who j

Hh HANDS naturalization proeeeubinee

KNOW ney procures or vives filse festimony as toany material fact,

or Whe knowingly makes an affidavit false as to anv material fact

recurred te lee proved ja sueh procemting, Shall be fined not more than

tive thousand dollars, o1 lprisoned not more than live Veaurs, or both,

She. 24. That no person still de prosecuted, tried. or puitistied for Lireit: for prmenn

OV Chitte artiste under Che provisions of this Act unless the iredict-

hirenit ts feed or the rfortruat

the commission of sueh erin .

ton ots filed within five Jears next after

She to. That for the purpose of the prosecution of all erimes and 1 a ee

Offenses against the naturalization laws of the United States which miny

have been comunitted y! iortathecdute w hen this Vet shall we irate aefdene &

the existing matunsdization laws shall remain in full force nod effect,

See. Yo. That sections twent

one hondred and

one damndred and sixty-five, twenty Laws repented

SINT V-seVen, twenty-one Tiamdred aad sity eight, quat 308 bse DN:

twenty-one hundred and seventy-three. of the Revised Statutes of the

United States of America, and Section this ty-nine of chapter one thou-

sind and twelve of the Statutes at Large of the United States of -

Aierica for the Vear tineteen lhandred and thers e, and all Acts or petrts

of Acts inconsistemt with or re pugmant to the provisions of this Act

are hereby repented,

See. 27. That substantially the f owing fortes shall be used in the Perms

proceedings to which they elute:

vl. Rp. Ite °

_ . ; : Declaration of fo-

DPRCLARATION OF INTENTION, sentiva

(Invalid for all Purposes seven Vvernrs after the date hereof.)

~~"

ap ie styed 2.2... years, occupation . do declare

on oath (affirm) that mov personal deseription is: Color . com-

plexion --- height ... . Welvlht ... color of hair a

color of eves . Other visible distinetive marks .. tl was born

in .. on the day of anno Domini .t Tow

reside at .--3 L emigrated to the United States of America from

on the vessel > my hist foreign residence was ‘

It is my bona fide intention to reneunee forever all allevianer and

fidelity to any foreign prince, potentate, state, or soverciynty. and

+ oR ty pele,

$ yom had sad os

a he

+ Oy oe

ERE OATS tet ed

Ate Faby

“

iat

HO04

Petiveon for gatural

Lamtice

PERTY-NINTIL CONGRESS, Spas. 1. Ca ee pene,

partionliurly tv ~of which | HPT) ew a eta zen (sulopoety: | mrrived

ut the (perty of . te the Strate ¢ Lerritors or District) of

on or about the .. tiv of anne Domini ---2 | arn net

un anarchist: Pam not a polygamist nora believer in the practice of

polveutmys and it is ty intention in good faith to become au citizen of

the United States of America and to permanently reside therein, So

help me God

(Original signature of dex lurant) ia

Subscribed and sworn to (uthrtmed) before me this day of

anne Domini

[1.. x. | ea eess .

(Official character of uttestor,)

PETITION Four NATURAL IZATION,

Court of .

In the matter of the petition of ...... to be admitted as a

citizen of the United Stutes of Americn.

we the *..... Court:

The petition of _.

PI ee - respectfully shows:

First. My full name is

Second. My place of residence is mamber 2 street,

city of .. » State (Territory or District) of __.

Third. My oveupation is js

Fourth, Pwas born onthe... _. day of .. 2... at ae

Fifth. I emigrated to the Unite States fram .on or about

the dayvof ... ,uono Domini etd arrived at the port

of in the United States, on the vessel v2

Sixth. TI deelived ay intention te become a citizen of the United

States on the 2... ae G8 acca. OF icc e 5 eee -. court of

Seventh, Dam. married. My wife's name is _ ee

Was born in... 2. and now resides ee eee - children,

and the name, date. and place of birth and place of residence of each

Of suid children is as follows: : :

Kighth. Lam nota disheliever in or Opposed to organized govern. -

ment or a member of or affiliated with uny Organization or body of .

persons tenching disbelief in organized government. IT am not a

pols scamist nora believer in the practice of polygnmy. Tamattached

to the principles of the Constitution of the United States, and it is my

intention to become a citizen of the United States and to renounce

absolutely and forever all allegiance and fidelity to any foreign prince,

potentiate, state, or sovereignty, and particularly to 22... : of Which

at this time I am a citizen (ur subject). and it is my intention to reside

permanently in the United States,

Ninth. Lam able to speak the English language,

Tenth. I have resided continuously in the United States of America

fora term of tive vears at least immediately preceding the date of this

ition, to Wit, since... »anno Domini .. 2.2, and in the State

Territory or District) of ..—... for one year at least next preceding

the date of this petition, to wit, since > __.. day of ......, anno

Dominio... .

Eleventh. I have not heretofore made petition for citizenship to any

court. (1 made petition for citizenship to the _..__. court of... 0.

at ......, and the said petition was denied by the said court for the

following reasons and causes, to wit, ...... , aud the cause of

;

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FIFTY-NINTIL CONGRESS. Sess. 1. Cit. 8502. 10085. 605

Attached hereto and made a part of this petition are my de laration

of intention to become a citizen of the United States and the certifi, ute

from the Department of Commerer amd Tabor required by law.

Wherefore Your petitiones privs that he way be admitted a citizen of

the United Mates of Amerien.

Dated

(Signature of petitioner)

ee : 2 Dering duly sworn, deposes and save thot he is the

petitioner in the above-entitled proceeding; that he has read the fore.

goluy petition and knows the contents thereof; that the same is true

of hisown know lecdsre, ONe eplas to matters therein stated to he atlewed

upon Information and belj fo and that as te those matters he believes

it to be true

Subscribed and sworn ty before me this day of . te

Domini

[1.. 8. wikg

Clerk of the Court,

APRIDAVIT OF WITNESSES. AMdavit uf wit

Theses

Court of

In the mattey of the petition of : to beadinitted a citizen

of the | hited States of America.

Ce , SS: . |

& 9 wCupation ......, rexiding at ..... . and

--- GC}CUpAtION ©... , residing at 2 each being severally,

duly. and respeetiy, Iv sworn, deposes and “avs that he isa citizen of

the United States of American: that he has personally known -

. the petitioner above mentioned, to be sa resident of the United

Suites fora period of at least five Vears continuously innnediatel y pre-

ceding the date of tiling his petition, and of the State (Territory or

Distriet) in whieh the ubove-cnutithed application is made for n period

of ...... Yeurs inunediately preceding > date of filingr his petition;

and that he has personal know ledyre that the said petitioner is a person

of good moral charact. reattached to the principles of the Constitution

of the United States, and that he ds Inevery way qualified, in bis opin-

lon, to be admitted as a citizen of the United States,

Subscribed and sworn to before me this

teen hundred and ie

[1.. s.] a StS ae

CERTIFICATE OF NATURALIZATION, Certificate of nat-

uralization,

Number ;

Petition, volume » page

Stub, volume ..___., prupre ..

(Signature of holder) Se 65 ne vibe

Description of holder: Aye, .... height, ..... ; color, . :

“ya “pera -.-...: color of eyes, ......3 color of huir, [.. Soe

ble distinguishing marks, ._ . Naine, age, and Place of residence

ak eg eT Names. ages, and places of residence

of minor children, ..-. |. ee PE Ge 3 af biased ot een

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P 606 PIETY-NINTILT CONGRESS. Sess. dd Cn. 85 2. se

‘

Be it rememlered, that ata term of the court of

~ hekd at on the dav of ~ th the vear of our

) Lord nineteen hundred and. ' . Who previous tu his (her)

' anturalization was a citizen or subjectof 0... .at present residing at

putas bres street, city (Lown), Stute (Territory

or Distriv th. boas bane vpn Lio be ndimitted a citizen of the United States

of America pursiant to law, and the court hay ingr found that the peti-

tioner tind resided continuously within the United States for at ust

five vears and in this Stete for one veaur tnomediatels preceding the

date of the hearing of his (her) petition, and that said petitioner intends

to reside permanenths in the United States, hiaclinall res pects colplied

“+

with the law in relation thereto, and that he was entitled to be <o

admitted, it was thereupon ontered by the said court: that bie be ;

admitted us a citizen of the United States of Amerie. e <>

In testimony whereof the seal of sid court is hereunto affixed on the .~ 3

dav of ,in the vearof our Lord nineteen hundred and ae :

; andl of ou btacdes pn ndence the on

; a ra 2

i (Otheial character of attestor). =

re oa

= Stub of certiliente STUB OF CERTIFICATE OF NATURALIZATION ete -3

$3: =

No. of certificate, : . Sy

Norte ret ererer SS

Declaration of intention, volume . [etre 7

Petition, volume o. 20... phiye re ‘ —

Name. are, aid poten e of resi tence of Wile, ° ce . « Nannies, : -#

ages. suid places of residence of minor children. ° : “ c.- 3

Date of order. volume --. page ~ a

(Signature of holder) 2-2. 6, rd =

Brive, ete See. to. That the Secretary of Commerce and Labor shall have power 2

to meke such rales and regulations as may be necessary for properly e- 4

bed ee & Currying into execution the various provisions of this Act. Certified .

copies of all papers, documents, certiticates, and records required to be Ss

used. tiled, recorded, or kept under any and all of the provisions of

this Act shall be admitted in evidence equally with the originals in any —

and all proceedings under this Act and in all Gases in which the originals -

. thereof might be admissible as evidence. . a a

Appropriation, Sree. 24. That for the purpose of carrying into effect the provisions ae:

of this Act there is hereby appropriated the sum of one handred oo

thousumd dollars, ont of any Moneys in the Treasury of the United .:

States not otherwise appropriated, which appropriation shall be in full ee

Expendituns for the objects hereby expressed until June thirtieth. nineteen hundred “=

“eee SPT and seven: and the provisions of section thirty-six hundred and sey enty- :

nine of the Revised Statutes of the United States <ball not be upplicable = x,

in any way to this appropriation. re

at on ae! Mor. Oh. Theat olf the a provisions of the naturalization a.

Fiance botnet Unitet Laws of the United States shall apply to and be held to authorize the c, -

sr ae admission to citizenship of all persons not citizens who owe permanent -“

alleyriance to the United States, and who may become residents of any

State or organized Territory of the United States, with the following

modificutions: The applicant shall not be required to renounce alle.

fiance to any foreign sovereignty: he shall make his decliration of ai

intention to become a citizen of the United’ States at least: two years

prior to his admission; and residence within the jurisdiction of the

% 3

= 7

P< 2

’ .

. : - :

, o

°". PIFTY-NINTIT CONGRESS. Sess]. Cui, otz-3904. Dt, GO7

United States, owing such permmuent alleviance, shall be regarded as

residence within the United States within the meaning of the tive

years’ residence clause of tbe existing law. .

7 te Sec. 31. That this Act shall take effect and be in force from and Pteet

—* after ninety days from the date of its passage: J rerdded. That sections — [vert

- . . - . ‘ . Pena weet.

rakes onc, Two, Twenty ~eherhit, nnd twenty-nine shill ro Inte effect from amd

oe after the pitssape of this Act.

oe Approved, June 20. 15,

te.

svt ae

aes

i444 « ‘ . . ae

eave f. CHAP. 3593.—An Act For the protection of wild animals in the Grand Canyon June 2, 1S

y ent Forest Kemer ”, —— 8.3% ves —

Pans < , - bi tw pheloce N = ,

ae : iL itenacted hy the Senate and Llouse of 22 presentatire . of the Cindle 2

met Atalow ¢ r olives seul ay ( nde xa C1 NM nohlerd, That the President of the Gram Canyon For

as .s , , ; : - ; et Kewerve

_.. United: States ts hereby nutherized to designate such arenus in the protection of wild

_.- Grand Cunyvon rorest Reserve as should. in lis opinion, be set wsidle eer oo

“.@

;

for the proteetion of game animals and be recognized as a breeding

place therefor.

Sec. 2. That when such areas have been designated asx provided in tunting. oft., ume

section one of this Act, hunting, trapping. killing, or capturing of >

game anlinals upon the lands of the United States within the limits of

said areas shall be unlawful, exeept under such regulations as may be

prescrilead from time to time by the Secretary of Agriculture; and

any person Violating such regulations or the provisions of this Act

shall be deemed guilty of a misdemeanor, aud shall, Upon conviction

in any United States court of competent Jurisdiction, be tined in astm

not exceeding one thousand dholisurs, or yy DEV peDseono ane nt for a jul inl

not exceeding one year, or shall suffer both fine and imprisonment, in

‘

the discretion of the court.

Sec. 3. That it is the JUL pose of this Aet to protect from (rCs} hiss

the enna lands of the United States and the game animals which may

Purpem of the law

be thereon, aod not to interfere with the operation of the local gan

laws aus affecting private, State, or Territorial lands.

Approved, June 21, 1006.

CHAP. 3594.—A\u Act To prevent cruelty Ww aninuals whiie in transit by railrowl

or other means of transportation from one State or Territory or the District of —

Colambia into or through another State or Territory or the District of Columbia, — (rubdtic, No. 34.)

and repealing sections forty-three humdired and eighty-six, forty-three handred anv

eighty-seven, forty-three hundred and eighty-eicht, forty-three hundred and eighty-

nine, and forty-three bundred and ninety of the United States Revie] Statutes.”

Be it enacted by the Senate and louse of Representatives of the United

Stater of Amerwa in Congrens assembled, hat no railroad, CXpress Tramportation of

: . ani .

company, car company, common carrier other than by water, or the “Tite limit for con-

receiver, trustee, or lessee of any of them, whose road forms any part “ove coofinement

of a line of road over which ecattie, sheep, swine, or other animals ey

shall be conveyed from one State or Territory or the District of

Columbia into or through another State or Territory or the District

of Columbia, or the owners or masters of steam, sailing, or other

vessels carrying or transporting cattle, sheep, swine. or other animals

from one State or Territory or the District of Columbia into or

through another State or Territory or the District of Columbia, shall

confine the sume in cars, boats, or vessels of any description for a

period longer than twenty-eight consecutive hours without unloading

the same in a humane manner, into properly equipped pens for rest.

water, and feeding, fora period of at least five consecutive hours, unless

1940 STATUTE

—

r ,

a -

* : Pl

“A Star) FOTN CONG, So BESS — CHS. 875, S7E—OCT. 14, LHW 1137 ;

therefroin to the purchase of feed. supplementing the recular allow- ts

ance and issue for the animals of the said units, and for the purchase f

uf stable equipment, and horseshoers’, saddlers’, blacksiniths’, and i £

wayoners’ tools not an article of issue to such organizations.” +e

Sec. 5. That the Act of July 15, 1939 (53 Stat. 1042), be, and the gic em :

Same is hereby, repealed and reenacted to read as follows: Zz

“That neither of the provisions of the Act of June 15, 1936 (49 Py Ley Et ig = gL Be -

Stat. 1507), nor any other law of the United States shall be construed Supp'v frien”

us limiting the power and authority of the Secretary of War, under :

such re rulStions as he may prescribe, to require the hospitalization, a gh ~

medical, and surgical treatment and domiciliary care so ee US ANY treatment >

or all are necr.sary of persons in the active military service or on BY

uctive duty, or in training, under the provisions of sections 92, 94, QF, «Ba tot. 208, 7, 212. -

19, and 113 of the National Defense Act of June 3, 1916, as amended, ib

and to incur obligations with respect thereto, without reference to 2

their line-of-<luty status: Provided, That this Act shall not Eh tlt y

those individuals who are on an armory-drili status except officers, be RG he

warrant officers, and enlisted men of the National Guard who suffer “" , : es

personal injury (as distinguished from disease) when participating - ?

in aerial flights prescribed under the provisions of section 92: And Se

provided further, That this Act shall not apply to officers and enlisted —P"'¥#% treatment. ;

men who are treated in private hospitals or by civilian physicians ie

while on furloughs or leaves of absence in excess of twenty-four im

hours.” )

. Approved, October 14, 1940. / | 4

(CHAPTER 876} 4

AN ACT October 14, 1910 ; —;

Tu revise and codify the nationality laws of the United Statesintoa comprehensive _ (1. B. vow) — -

natiouality code. [Wublie, No. 843} + 4

Be it enacted by the Senate and Tlouse of Representatives of the vy

United States of America in Congress assembled, That the nationality sopntiamality Act of ig

laws of the United States are revised and codified as follows: i

TITLE I i

Section 1. This Act may be cited as the Nationality Act of 1940, Short utie. , Za

CHAPTER I—DEFINITIONS Be.

Sec. 101. For the purposes of this Act—

_(a) The term “national” means a person owing permanent alle- “Natinnsi.”

Fiance to a state.

(b) The tern “national of the United States” means (1) a citizen A - He

of the United States, or (2) « person who, though not a citizen of the :

United States, owes permanente allegiance to ‘the United States. It

does not include an alie :

of a state upon a person after birth.

(d) The term “United States” when used in a geographical sense “Caited States.” =

means the continental United States, Alaska, Hawaii, Puerto Rico, 1 ie

and the Virgin Islands of the United States.

(e) The term “outlying possessions” means all territory, other than _ “Outlying posses- +

as specified in subesetion (d), over which the United Stetes exercises ‘ ' Re:

rights of sovereignty, except the Canal Zone. mee

(f) The term “parent” includes in the case of a posthumous child “Pereat.” <,

a deceased parent. 1 ee

(g) The term “minor” means a person under twenty-one years of “Minor.” mt

ag.

192470° —41— rt. 1—— T2

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Peet, po

“S:ate."

drat, pil

“Natute

court’

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estate”

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1142, 110,

4 and ¢.ti

8 at birth

renLiic LAW IQ aonr 14, 140 [G4 Stat

Sec. 102. For the purposes of chapter LIT of this Act—

(n) The term “State” includes (except as used in subsection (a)

of section 301), Alaska, llawaii, the b ict of Columbia, Puerto

Rico, and the Virgin Islands of the U States,

(b) the term “naturalization court’ Unless otherwise particularly

described, means a court authorized byisubsection (a) of section 301

to exercise naturalization jurisdiction.

court. :

(1) The terms “Conmmssioner” and “Deputy Commissioner” mean

the Commissioner of Leimigration and Naturalization and a Deputy

Commissioner of Immigration and Naturalization, respectively,

(e) The term “Attorney General” means the Attorney General of

the United States.

(f) The term “Service” means the Immigration and Naturalization

Service of the United States Department of Justice.

oficer of Che Service designated under section 333 by the Comms-

Sioner,

(h) The term “child” includes a child legitimated under the law of

the child’s residence or domicile, whether in the United States or else-

where; also a child adopted in the United States, provided such legit-

jmation or adoption takes place before the child reaches the age of

sixteen years and the child is in the legal custody of the legitimating or

adopting parent or parents.

Src, 103. For the purposes of subsections (a), (b), and (c) of sec-

tion 404 of this Act, the term “foreign state” includes outlying posses:

sions of a foreign state, but does not include self-governing dominions

or territory under mandate, which, for the purposes of these subsec-

tions, shall be regarded as separate states.

Src. 104. For the purposes of sections 201, SNT (b). 408. 4M, 405,

406. and 407 of this Act, the place of general abexle shall be deemed

the place of residence.

CHAPTER II—NATIONALITY AT BIRTH

Src. 201. The following shall be nationals and citizens of the United

States at birth:

(a) A person born in the United States, and subject to the jurisd>-

tien thereof;

(b) A person born in the United States to a member of an Indian,

Exkimo, Aleutian, or other aboriginal tribe: Provided, That the grant-

ing of citizenship under this subsection shall not in any manner impair

or otherwise affect the right of such person to tribal or other property;

sessions of parents both of whom are citizens of the United States

and one of whom has resided in the United States or one of its out-

lying possessions, prior to the birth of such person;

(a) A person born outside of the United States and its ontlying

possessions of parents one of whom is a citizen of the United States

who resided in the United States or one of its outlying i

rior to the birth of such person, and the other of whom is a national,

but not a citizen of the United States;

(e) A person born in an outlying peowenes of the Tnited States

of parents one of whom is a citizen of the United States who resided

in the United States or one of its outlying possessions prior to the

birth of such re

(f) A child of unknown parentage found in the United States,

until shown not to have been bern in the United States:

M4 Stat.) THrn CONG, 3p SESR—C1. 8TG—OCT. 14. 1940 1139

(g) A person born outside the United States anid its outlying

possessions of parents one of whom is a citizen of the United Siates

who, prior to the birth of such person, has had ten years’ residence in

the United States or one of its outlying possessions, at least five of

which were after attaining the age of sixteen years, the other being

un alien: Provided, That, in order to retain such citizenship, the child

must reside in the United States or its outlying possessions for a

period or periods totaling five years between the ages of thirteen and

twenty-one years: Provided further, That, if the child has hot taken

up a residence in the United States or its outlying possessions by the

time he reaches the age of sixteen years, or if he resides nbrond for

such a time that it becomes impossible for him to complete the. five

years’ resi'lence in the United States or its outlying possessions before

reaching the age of twenty-one years, his American citizenship shall

thereupon cease. ,

The preceding provisos shall not apply to a child bern abroad

whose American parent is at the time of the child's birth residing

abroad solely or principally in the employment of the Government

of the United States or a bona fide American, educational, scientific,

philanthropic, religious, commercial, or financial organization, having

its principal office or place of business in the United States. or an

international agency of an official character in which the United

Stutes participates, for which he receives a substantial compensation;

(h) The foregoing provisions of subsection (g) concerning reten-

tion of citizenship shall apply to a child born abroad subsequent to

May 24, 1934.

See. 2(. All persons born in Puerto Rico on or after April 11, at io Fume

189, subject to the jurisdiction of the United States, residing on the

viTective date of this Act in Puerto Rico or other territory over which

the United States exercises rights of sovereignty and not citizen: of

the United States under any other Act, are hereby declared to be

ciuzens of the United States.

Src, 208. (a) Any person born in the Canal Zone on or after Febru- g nisth ta Conant

ary 26, 1904, and whether before or after the effective dute of this

Act, whose father or mother or both at the time of the birth of such

person was or is a citizen of the United States, is declared to be a

citizen of the United States.

(b) Any person born in the Republic of Panama on or after Febru- tte ene

ary 26, 1904, and whether before or after the effective date of this

Act, whose father or mother or both at the time of the birth of such

person was or is a citizen of the United States employed by the Gov-

ernment of the United States or by the Panama Railroad Company, is

declared to be a citizen of the United States.

Sec. 204. Unless otherwise provided in section 201, the following «ie +

shall be nationals, but not citizens, of the United States at birth: ap pn

(a) A person born in an outlyi eopneey of the United States

of parents one of whom is a notional, t not a citizen, of the United

States;

(b) A person born outside the United States and its outlying posses-

sions of parents both of whom are nationals, but not citizens, of the

United States, and have resided in the United States or one of its

outlying possessions prior to the birth of such person;

ot ie United States, until shown not to have been horn In auch out.

ying possession.

"Sec, 205. The provisions of section 201, subsections (c), (d), (e), <2" ™ “

an! (g), and section 204, subsectiuns (a) and (b), hereof apply, ax

of the date of birth, to a child bern out of wedlock, prov the

paternity is established during minority, by legitimation, or adjusdica-

thon of a competent court.

nde, pp Tha,

noes

‘fi

:~f

=] er \.sa2 .

ere? re -

‘yeeres Ves P -

a” ‘ e

cases

—

S Wert

«) titia Calta oes

»*

Aw “a QA

‘

> te"”

1140)

Blatus, a! cote

Of kegi timation, cte

ralizatien puri~ lett

Petitions withia

Btete judanal Uwtrata

Klauk forms

Manoer, etc.,o/ nat-

ureliziiwon,

Sex of marriage no

ber.

Racin! |! mitatioa.

Prerise.

Eleviminy of cer-

tara Filypenes, ete,

Peet, p. 1148

Peet, p. 1144

Fnrieh language re

Qquireant.

PUBLIC LAWS—C tT. 14, Du : [n4 Near

In the absence of such =< or adjudication, the child,

Whether born before or after the effective date of this Act. if the

mother had the nationality of the United States at the time of the

child's birth, and had previously resided in the United States or one

of its outlying possessions, shall be held to have acquired at birth

her nationality status.

CHAVTER ILI—NATIONALITY THROUGH

NATURALIZATION

GENERAL Provisions

JURISDICTION TO NATURALIZE

Sec. 301. (a) Exclusive jurisdiction to naturalize persons as citi-

zens of the United States ts hereby conferred pen the following

specified courts: District Courts of the United States now existing,

or which may hereafter be established by Congress in any State,

Districts Courts of the United States for the Territories of Hawaii

and Alaska, and for the District of Columbia and for Puerto Rico,

and the District Court of the Virgin Islands of the United States;

also all courts of record in any State or Territory now existing, o1

which may hereafter be created, having a seal, a clerk, and jurisdiction

in uctions at law or equity, or law and equity, in which the amount in

controversy is unlimited. The jurisdiction of all the courts herein

specified to naturalize persons shal! extend only to such persons resi-

dent within the respective jurisdictions of such courts, except as

otherwise specifically provided in this Act.

(b) A person who petitions for naturalization in any State court

having naturalization jurisdiction, may petition within the State judi-

cial district or State judicial circuit in which he resides, whether or

not he resides within the county in which the petition for naturali-

zation is filed.

courts, shall be furnished from time to time by the Commissioner or a

Deputy Commissioner with such blank forms as may be required in

naturalization proceedings.

(d) A person may be naturalized as a citizen of the United States

in the manner and under the conditions prescribed in this Act, and

not otherwise.

Scustantive Provisions

ELIGUMILITY POR NATURALIZATION

Seo. 302. The right of a person to become a naturalized citizen

of the United States shall not be denied or abridged because of sex

or because such person is married.

Sec. 303. The right to become a naturalized citizen under the pro-

visions of this Act shall extend only to white persons, persons of

African nativity or descent, and descendants of races indigenous to

the Western Hemisphere: Provided, That nothing in this section shall

prevent the naturalization of native-born Filipinos having the honor-

able service in the United States Army, Navy, Marine Corps. or Coast

Guard as specified in section 324, ner of former citizens of the United

States who are otherwise eligible to naturalization under the provisions

of section 317.

Sec. 304. No person except as otherwise provided in this Act shall

hereafter be naturalized as a citizen of the United States upon his

own petition who cannot speak the English language. This require-

ment shall net apply te any person physically unable to comply

therewith, if otherwise qualified to be naturalized.

D4 Strat] tite CONG., 8p SESS.—C'll, S7H— CT. 14, 1040

Sec, 305. No person shall hereafter be naturalized as a citizen of

the United States—

(a) Who advises. advocates, or teaches, or who is a member of or

affiliated with any organization, association, Society, or yroup that

advises, advocates, or teaches Opposition to all! organized govern-

ment; or

(b) Who Lelieves in, advises, advocates, or teaches, or who is a

inember of or affiliated with any Organization, association, so« lety, oF

Eroup that believes in, advises, advocates, or teacles—

(1) the overthrow by force or vivlence of the Government of

the United States or of all forms of law; or

(2) the duty, necessity, or propriety of the unlawful assiulting

or killing of any officer or officers (either of specific individuals or

of officers xenerally) of the Government of the United States or

any other organized government, because of his or their official

character; or

(3) the ualawful damage, injury, or destruction of property ; or

(4) sabotage,

who knowingly circulates, distributes, prints, or displays, or know-

ingly causes to be circulated, distributed, printed, published, or dis-

pluyed, or who knowingly has in his possession for the purpose of cir-

culation, distribution, publication, or display any written or printed

matter advising, advovating, or teaching o position to all organized

#overnment, or advising, advocating, or teac ing—

(1) the overthrow by force or violence of the Government of the

United States or of ali forms of law: or

(2) the duty, necessity, or propriety of the unlawful assaulting

or killing of any officer or officers (cither of specific individuals or

of ollicers generally) of the Government of the United States or

of any other organized government; or

3) the unlawful damage, injury, or destruction of property; or

3) sabotage.

(d) Who is a member of or affiliated with any organization, asso-

ciation, society, or group that writes, circulates, distributes, prints,

publishes, or displays, or causes to be written, circulated, distributed,

printed, published, or dis layed, or that has in its possession for the

purpose of circulation, istribution, publication, issue, or display,

any written or printed matter of the character described in sub-

division (c).

For the purpose of this section—

(1) the giving, loaning, or promising of money or anything

of value to be used for the advising, advocacy, or teaching of any

doctrine above enumerated shall constitute the advising, a vocacy,

(2) the giving, loaning, or promising of money or anything of

value to an orgunization, association, societ » Or group of the

character above described shall constitute affiliation therewith;

but nothing in this paragraph shall be taken as an exclusive

definition of advising, advocacy, teaching or affiliation.

The provisions of this section shall be applicable to an applicant

for naturalization who at any time within a period of ten years

immediately proce the filing of the petition for naturalization is,

or has been, found ~~ within any of the clauses enumerated in this

section, notwithstanding that at the time petition is filed he may not

be included in such classes,

Sec. 306. A person who, at any time during which the United States

has been or shall be at war, deserted or shall desert the military or

naval forces of the United States, or who, havin duly enrolled,

departed, or shal! depart from the jurisdiction of the district in which

114]

Tersone — ineligitle

bor nat iTBliratywen

Advising em! teen

10 ali Ofgeniard gory

CThinent

A lvocating Over.

throw of U. 3. Goy.

erament, ete

Publishing, te, cer-

tain writtenor printed

tral ter.

Hlebkiine member.

ship io certain orm oi-

tatrons, etc

Defipitien of terms

‘ple hdlet 5 of pro

Vineness

TrwheiMlity of con-

Vicker! beerters

Poe

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ae roux Feet

ee ee

“ 7 \

“24mm. art:

~—S

__- a.

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Vida tt, bas

a7 ~

eh A

1142 PUBLIC LAWS—CIL 878—OCT. 15. 140 (54 Srar.

’ > gan P thee

{Sood pis "

. ‘wae wr :

Het ‘neta’ Parton terareg.te Alia tee ty Spt ect tage

enrolled, or went or shall go beyond the limits of the United States,

with intent to avoid any draft into the military or naval service, law-

fully ordered, shall, upon conviction thereof by a court martial, be

ineligible to become a citizen of the United States; and snch deserters

shall be forever incapable of holding any office of trust or of profit

under the United States, or of exercising any rights of citizens

thereof.

wrter rege end chat — Sec. 307. (a) No person, except as hereinafter provided in this Act,

shall be naturalized unless such petitioner, (1) imineciately preceding

the date of filing petition for naturalization has resided continuously

within the United States for at least five years and within the State

in which the petitioner resided at the time of filing the petition for

at least six months, (2) has resided continuously within the United

States from the date of the petition up to the time of admission to

citizenship, and (3) during all the periods referred to in this sub-

section has been and still is a person of good moral character, attached

to the principles of the Constitution of the United States, and well

disposed to the good order and happiness of the United States.

Meg b) Absence from the United States for a continuous period of

* residence mere than six months but jess than one year during the period for

ti?

which continuous residence is required for admission to citizenship,

immediately preceding the date of filing the petition for naturaliza-

tion, or during the period between the date of filing the petition and

the date of final hearing, shall be presumed to break the continuity of

tumjion ** ** such residence, but such presumption may be overcome by the presen-

tation of evidence satisfactery to the naturalization court that such

individual had a reasonable cause for not sooner returning to the

tof Ueveuaed myer United States. Absence from the United States for a continuous

period of one year or more during the period for which continuous

residence is required for admission to citizenship, immediately pre-

ceding the date of filing the petition for naturalization or during

the period between the date of filing the petition and the date of final

hearing, shall break the continuity of such residence, except that in

the case of an alien who has resided in the United States for at Jeast

one year, during which period he has made a declaration of inten-

tion to become a citizen of the United States, and who thereafter is

employed by or under contract with the Government of the United Ms

States or an American institution of research recognized ns such by Pe.

the Attorney General, or is employed by an American firm or corpo-

ration engaged in whole or in part in the development of foreign

trade aa pct of the United States or a subsidiary thereof,

no period of absence from the United States shall break the continuity

ot go tag be f such period (whether such period

1) Prior to the inning of suc riod (whether suc

7 begins before or after his yp tebe ate the United States) the

alien has established to the satisfaction of the Attorney General

that his absence from the United States for such period is to be on

behalf of such Government, or for the purpose of carrying on scien-

tific research on behalf of such institution, or to be engaged in the

development of such foreign trade and commerce or whose residence

abroad is necessary to the protection of the property rights in such

countries of such firm or corporation, and :

(2) Such alien ves to the satisfaction of the court that his

absence from the United States for such period has been for such

urpose.

Absence trom U & 7G) Re patted of chernse Soom the United Staten Gust the five ;

mu" years immediately preceding June 25, 1986, shall be held to have

broken the continuity of residence required by the naturalization laws

if the alien proves to the satisfaction of the Attorney General and

‘

ae bape

A Salty

;

ork

bel ve

A fos

‘

gee pelaty rte 92 PE

Oot eebs mete & OT og

eee

‘ ty ¥ “a! + ‘

= eet ree a, &

”

pW peat

R J

¥i ad ae * Ofbe

° os

OR, . ein a 439

ot 2

‘4 Star.) THtH CONG. 30 SESS.—CH. 87U0—OCT. 14, 1540

the court that during all such period of absence he has been under

euiployment by, or contract with, the United States, or such Ameri-

can institution of research, or American firm or corporation, described

in subsection (b) of this section, and has been carrying on the activi-

ties described in that subsection in its behalf.

(d) The following shall be regarded as residence within the United

States within the meaning of this chapter:

(1) Honorable service on vessels owned directly by the Govern-

ment of the United States, whether or not rendered at any time prior

to the applicant's lawful entry into the United States: Provided, That

this subdivision shall not apply to service on vessels operating in and

about the Canal Zone in connection with the maintenance, operation,

—s and civil government of the Panama Canal and Canal

Loe. loons

(2) Continuous service by a seaman on a vessel or vessels whose

home port is in the United States and which are of American registry

or American owned, if rendered subsequent to the applicant’s lawful

entry into the United States for permanent residence and immediately

preceding the date of naturalization.

Sec. 308. Any alien who has been lawfully admitted into the United

States for permanent residence and who has heretofore been or may

hereafter be absent temporarily from the United States solely in his

or her capacity as a regularly ordained clergyman or nun, shall be

poor t Bos. as residing in the United States for the purpose of natu-

ralization, notwithstanding any such absence from the United States,

but he or she shall in all other respects comply with the requirements

of the naturalization laws. Such alien shall prove to the satisfaction

of the Attorney General and the naturalization court that his or her

absence from the United States has been solely in the capacity herein-

before described.

REQUIREMENTS AS TO PROOF

_ Sec, 309. (a) As to each period and place of residence in the State

in which the petitioner resides at the time of filing the petition, during

the entire period of at least six months isnmediatels preceding the

date of — the petition, there shall be included in the petition the

affidavits of at least two credible witnesses, citizens of the United

States, stating that each has personally known the petitioner to have

been a resident at such place for such period, and that the petitioner

is and during all such period has been a person of good moral char-

acter, attached to the principles of the Constitution of the United

States, and well disposed to the good order and happiness of the

United States.

(b) At the hearing on the petition, residence in the State in which

the petitioner resides at the time of filing the petition, for at least

six months immediately —— the date of filing the petition, and

the other qualifications — subsection (a) of section 307 dur-

ing such residence shall be proved by the oral testimony of at least

two credible witnesses, citizens of the United States, in addition to

the afiidavits required by subsection (a) of this section to be included

in the petition. At the hearing, residence within the United States

the petition, and the other qualifications requi

by depositions taken in accordance with subsection e) of section 327,

or oral testimony, of at least two such witnesses or each place of

residence.

1143

Residence withio

U. 8.

Fervice on U. &.

vessels.

Proriss

Certain vessels oper.

Sting lo Cause) Zone

Rercicen on venwls

having hume ports io

U.s

Temporary ahenre

of alwen clergymen or

buns.

Affeavits as to

State residence, etc.

Oral testimony at

bearing.

Ante, p. 1142.

Proof of U. B. resi-

dence.

Ante, p. 1142.

Peet, p. 1151,

1144

Other proolin desig

Mater! orgs

Avte rm. ii

l<uanee of The

pris for attendance

Of & it Dewes

Netoralization of

allen speuse

Marriage after Sept,

21, 1722, and prior to

May 24, lus4

Marriage on or after

May 24, 1K.

Validation of nato-

ralization of certain

women.

PUBLIC LAWS—CIL ste—oct . like [4 Star.

e@ Notwithstanding the provisions , oo (a) and (b)

of this section the requirements of subsection (1) of section 307 as

to the petitioner's residence, moral eli:ar icter, attachment to the prin-

ciples of the Constitution of the United States, and disposition toward

the good order and happiness of the United States inay be established

by any evidence Satisfactory to the naturalization court in those cases

inder subsection (b) of section 307 in which the alien declarant has

been absent from the United States Iwcause of his employment by or

contract with the Government of the United States or an American

institution of research, recognized as such by the Attorney General,

or employment by an American firm or corporation engaged in whole

OF in part in the development of foreign trade and commerce of the

United States ora subsic iary thereof.

(d) The clerk of court shall, if the petitioner requests it at the

time of filiny the petition for naturalization, issne a subpena for

the witnesses named by such petitioner to appear upon the day set

for the final hearing, but in case such Witnesses cannot be produced

upon the final hearing other witnesses may be surmmoned upon notice

to the Commissioner; in such manner and at such time as the Com-

missioner, with the approval of the Attorney General, may by regu-

lation prescribe. If it should appear after the petition has been

filed that any of the verifying witnesses thereto are not com etent,

and it further appears that the petitioner has acted in guod faith

in producing such witnesses found to be incompetent, other witnesses

may be substituted in accordance with such sedlatinnn

BIARRIED PERSONS

Src. 310. (a) Any alien who, after September 21, 1922, and prior

to May 24, 1934, has married a citizen of the United] States, or any

alien who married prior to May 24, 1934, a spouse who was natural-

ized during such period and during the existence of the marital rela-

tion may, if eligible to naturalization, be naturalized upon full and

complete compliance with all requirements of the naturalization laws,

with the following exceptions:

(1) No declaration of intention shall be required ;

(2) In lieu of the five-year period of residence within the United

States, and the six months’ period of residence in the Stute where the

titioner resided at the time of filing the tition, the petitioner shall

eal resided continuously in the United States for at least one year

immediately preceding the filing of the petition. :

(b) Any A vis who, on or after May 24, 1934. has married or shall

hereafter marry a citizen of the United States, or any alien whose

husband or wife was naturalized on or after May 24, 1934, and during

the existence of the marital relation or shall ester be so natu-

ralized may, if eligible for naturalization, be naturalized upon full

and complete compliance with all requirements of the naturalization

laws, with the tllestan exceptions:

(1) No declaration of intention shall be uired ; ;

(2) In lieu of the five-year period of residence within the United

States, and the six months’ peril of residence in the State where the

etitioner resided at the time of filing the petition, the petitioner shall

ioe resided continuously in the United States for at least three years

immediately preceding the filing of the petition.

by any naturalization court of competent jurisdiction, upon proof of

inarriage to a citizen or the naturalization of her husband and proof

of but one year’s residence in the United States is hereby validated

only so far us relates to the period of residence required to be proved

by such person under the naturalization laws.

4 Stat] TOTH CONG, 3p SESS.—CH, S7t}-—OCT, 14, WH0

(dj The naturalization of any male person on or after May 24,

14. by any naturalization court of competent Jurisdiction, Upon

prouf of marriage to a citizen of the United Stites after September i,

iz, and prior to May “4, 1934, or of the naturalization during such

peril of his wife, and upon proof of three years’ residence in the

United States, is hereby validated only so far as relates to the period

of residence required to be proved by such person under the natu-

ralization laws and the omission by such person to make a declaration

of intention.

Sec. 311. A person who upon the effective date of this section is

married to or thereafter marries a citizen of the United States, or

whose spouse is naturalized after the ellective date of this section, if

“uch person shall have resided in the United States in marital unjon

with the United States citizen spouse for at least one year immediately

preceding the filing of the petition for naturalization, may be natn-

ralized after the effective date of this section upon compliance with

wil requirements of the naturalization laws with the following

exceptions:

(a) No declaration of intention slial] be required.

(Lb) The*petitioner shall have resided continuously in the United

Stites for at least two years immediately preceding the filing of the

«tition in lieu of the five-year period of residence within the United

tates and the six :nunths’ period of residence within the State where

the naturalization court :; held.

Src. 312. An alien, whose spouse is (1) a citizen of the United

States, (2) in the employment of the Government of the United

States, or of an American institution of research) recognized as such

by the Attorney General, or an American firm or corporation engaged

in whole or in part in the development of foreign trade and com.

merce of the United States, or a subsidiary thereof, and (3) regu-

larly stationed abroad in such employment, and who is (1) in the

United States at the time of naturalization, and (2) declares before the

naturalization court in good faith an intention to take up residence

within the United States immediately upon the termination of such

employment abroad of the citizen spouse, may be naturalized upon

compliance with all requirements of the naturalization laws, with the

following exceptions:

(a) No declaration of intention shall be required; and

(b) No prior residence within the United States or within the juris-

diction of the naturalization court or proof thereof shall be required.

CHILDREN

”

Sre. 313. A child born outside of the United States, one of whose

parents at the time of the child's birth was an alien and the other of

whose parents then was and never thereafter ceased to bo a citizen of

the United States, shall, if such alien parent is naturalized, be deemed

a citizen of the United States, when—

(2) Such naturalization takes place while such child is under the

aye of eighteen years; and

(b) Such child is residing in the United States at the time of natu-

ralization or thereafter and begins to reside permanently in the United

States while under the age of eighteen years.

Sec. 314. A child born outside of the United States of alien parents,

or of an alien parent and a citizen parent who has subsequently lost

a of the United States, becomes a citizen of the United States

upon fulfillment of the following conditions:

(a) The naturalization of both parents; or

_ (b) The naturalization of the surviving parent if one of the parents

Is deceased ; or

Mode pereons

Naturstization of

Persons married op or

alter oe tise Gate of

MUtin

Citizenship through

Daturslization of alieo

perent; cunditions.

Alien perents. or

alien parent and for-

mer citiree parent;

LD SPR PR oer ~

TF 3") > *P ewes

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yar re

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nes

ae an BT

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sailing

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1146 PUBLIC LAWS—CH. 876—OCT. 14, 1940 [54 St 45.

child when there has been a legal separation of the parents; and if—

(d) Such naturalization takes pluce while such child is under the

age of eighteen years; and

(e) Such child is. residing in the United States at the time of the

naturalization of the parent last naturalized under subsection (a) of

this section, or the parent naturalized under subsection (b) or (c) of

this section, or thereafter begins to reside permanently in the United

States while under the age of eighteen years,

pion ty cites Sc. 315. A child born outside of the United States, one of whose

Pareut. parents 1s at the time of petitioning for the naturalization of the

child, a citizen of the United States, either by birth or naturalization,

may be naturalized if under the age of eighteen years and not other-

f Wise disqualified from becoming a citizen and is residing cosas poe 4 ;

in the United States with the citizen parent, on the petition of such

citizef® parent, without a declaration of intention, upon compliance

| with the applicable procedural provisions of the naturalization laws.

1 Natursiizationof = Sec. 316. An adopted child may, if not otherwise disqualified from

ee ee ee a ae ee ey a) eee

er rer

ae re! Sh BY

Jopted children: : ne ° : °

dius” becoming a citizen, be naturalized before reaching the age of eighteen

[ fears upon the petition of the adoptive parent or parents if the child /

ias resided continuously in the United States for at least two years ‘Si

immediately preceding the date of filing such petition, upon compli-

ance with all the applicable procedural provisions of the naturaliza-

tion laws, if the adoptive parent or parents are citizens of the United

States, and the child was:

(a) Lawfully admitted to the United States for permanent resi-

f dence; and

we bene, |

t (b) Adopted in the United States before reaching the age of sixteen

years; and .

parents for at least two years prior to the filing of the petition for the

child’s naturalization.

FORMER CITIZENS OF THE UNITED STATES

Revenuisition of cit- Spo, 317. 4 person who was a citizen of the United States and

— whe prior to September 22, 1922, lost United States citizenship by

inarriage to an fm or by the spouse's loss of United States citizen-

ship, and any person who lost United States citizenship on or after

September 22, 1922, by marriage to an alien ineligible to citizenship,

may, if no other nationality was acquired by affirmative act other than

such marriage, be naturalized u compliance with all requirements

of the naturalization laws with the following exceptions:

(1) No declaration of intention and no certificate of arrival shall

be required, and no period of residence within the United States or

within the State where the petition is filed shall be required.

(2) The petition need not set forth that it is the intention of the

petitioner to reside permanently within the United States. ;

(3) The petition may be filed in any court having naturalization

jurisdiction, regardless of the residence of the petitioner. :

(4) The petition may he heard at any time after filing if there is

attached to the petition at the time of filing a certificate a natu-

ralization examiner stating that the petitioner has appeared before

"uch qpooun holt pees em cond ether the tatyesttoatlon, th

Such after the naturalization, the same

citizenship status as that which existed immediately prior to its loss.

erpiristion of wr = (b) (1) From and after the effective date of this Act, a woman,

tele former womes

wre PART ee

+ eee 4 armel +

| wearers ©

4 Stat.) TiTn CONG. 3p SESS.—CIL,. 870—OCT. 14, 1H

of her marriage prior 4o September 22, 1922, to an alien, and whose

marital status with such alien has or shall have terminuted. if no other

nationality was acquired by affirmative act other than such marriage,

shall, from and after the taking of the outh of allegiance prescribed by

subsection (b) of section 335 of this Act, be deemed to be a citizen of

the United States to the same extent as though her marriage to said

alien had taken place on or after September 22, 1922.

(2) Such oath of allegiance may be taken abroad before a diplo-

mutic or consular officer of the United States, or in the United States

before the judge or clerk of a naturalization court.

(3) Such oath of allegiance shall be entered in the records of the

appropriate embassy or Jevation or consulate or naturalization court,

and upon demand, a certified copy of the proceedings, including a

copy of the oath administered, under the seal of the embassy or lega-

tion or consulate or naturalization court, shall be delivered to such

Woman at a cost not exceeding $1, which certified copy shall be evi-

dence of the facts stated therein before any court of record or judicial

tribunal and in any department of the United States.

and also a national of a foreign state, and who shall have lost his

citizenship of the United States under the provisions of section 401 (c)

of this Act, shall be entitled to the benefits of the provisions of sub-

section (a) of this section, except that contained in subdivision (2)

thereof. Such person, if abroad, may enter the United States as a

honqueta immigrant, for the purpose of recovering his citizenship,

upon compliance with the provisions of the Immigration Acts of 1917

and 1924.

Sec. 318. (a) A former citizen.of the United States expatriated

through the expatriation of such person's parent or parents and who

has not acquired the nationality of another country by any aftirmative

act other than the expatriation of his parent or parents may be natu-

ralized upon filing a petition for naturalization before reaching the

age of twenty-five years and upon compliance with all requirenients

of the naturalization laws with the idlloniog exceptions :

(1) No declaration of intention and no certificate of arrival and

no period of residence within the United States or in a State shall

be required ;

(2) The petition may be filed in any court having naturalization

jurisdiction, regardless of the residence of the petitioner ;

(3) If there is uttached to the petition at the time of filing, a cer-

tificate from a naturalization examiner stating that the petitioner

has appeared before him for examination, the petition may be heard

at any time after filing; and

(4) Proof that the petitioner was at the time his petition was filed

and at the time of the final hearing thereon a person of good moral

character, attached to the principles of the Constitution of the United

States, and well diapesed to order and happiness of the

United States, and that he intends to reside permanently in the

United States shall be made by any means satisfactory to the nat-

uralization court.

(b) No former citizen of the United States, expatriated through

the expatriation of such person’s parent or parents, shall be obliged

to comply with the requirements of the immigration laws, if he

has not acquired the nationality of another country by any affirmative

act ether thon the expatriation of his parent or parents, and if he has

come or shall come to the United States before reaching the age of

twenty-five

zenship status as if he had not been expatriated.

1147

Oath of allezinnce

Jest, p. 1157

Taking of omh

Entry upon records

Repsetriation after

military service with

foreign slate while

Mationsl thereof

Post, p. 110

Reacquisition of cit-

frenship lost by ex-

Paristion of parents

Vicweepttes

bPetestnaye be

T'vert. pol

Regipning date of

citizenship.

Netur

Cockers: wh

( werents the United States through the cancelation of the parent's natura

PUBLIC LAWS—CH S786—OCT. 14, 1930 (“4 Start.

ee’ See. 319. (a) A person who as a minor child Jost gre of

iza-

tion on grounds other than actual frand or presumptive fraud as

specified in the second paragraph of section 15 of the Act of June

20, 1906, as amended (34 Stat. GOL; 40 Stat. 544, U. S. C.. title 8,

sec. 405), or who shall lose citizenship of the United States under

subsection (c) of section 333 of this Act, may, if such person resided

in the United States at the time of such cancelation and if. within

(wo years after such cancelation or within two years after the

efiective date of this section, such person files a petition for naturali-

zation or such a petition is filed on such person's behalf by a parent

or guardian if such person is under the sve of eighteen years, be

naturalized upon compliance with all requirements of the naturaliza-

tion laws with the exception that no declaration of intention shall

be required and the required five-year period of residence in the

United States need not be continuous.

(b) Citizenship acquired under this section shall begin as of the

date of the person’s naturalization, except that in those eases where

the person has resided continuously in the United States from the

date of the cancelation of the parent's naturalization to the date of the

person’s naturalization under this section, the citizenship of such per-

son shall relate back to the date of the parent's ainsi tinatiod Which

has been canceled or to the date of such person's arrival in the United

States for permanent residence if such date was subsequent to the

date of naturalization of said parent.

PERSONS MISINFORMED OF CITIZENSIJIIP STATUS

slirvation

SnenE Gochontesen Src. 320. A person not an alien enciny, who resided ee

within the United States during the period of five years next pr

ing July 1, 1920, and was on that date otherwise qualified to become a

citizen of the United States, except that such person had not made a

declaration of intention required by law and who during or prior to

that time, because of misinformation regarding the citizenship status

of such person, erronconsly exercised the riglits and performed the

duties - a citizen of the United States in good faith, may file the

petition for naturalization prescribed by Jaw without making the

preliminary declaration of intention, and upon satisfactory proof to

the court that petitioner has so acted may be admitted as a citizen of °

the United States upon complying with the other requirements of the

naturalization laws.

NATIONALS BUT NOT CITIZENS OF THE UNITED STATES

Naturalization of = Spc. 321. A person not a citizen who owes permanent allegiance to

é- Rational if resident of

& State.

tenshin:

om) ates etre ©

~ «the

the United States, and who is otherwise quali may, if he becomes a

resident of any State, be naturalized upon compliance with the require-

ments of this Act, except that in petitions for naturslization filed under

the provisions of this section, residence within the United States Within

the meaning of this Act shall include residence within any of the out-

lying possessions of the United States.

PUERTY) KICANS

to in the last paragraph of section 5, Act of March

title 6, sec. 5), and in section 5a, of the said Act, by

section 2 of the Act of March 4, 1927 (U. 8. C., title 8, sec. 5a), who

did not exercise the privilege granted of becoming 2 citizen of the

United States, ry gee 9 Neo ag provided in said ph

at any time, am mand after the making of suweh declarati shall

be a tigen of the United States. . arte

Acquisition of citi Sec. 322. A person born in Puerto Rico of alien 7 referred

Cutaontee 1917 (U. 8. Cc,

a «

Wedd xe an

¥ noe afi aires Oe Mare ta

3 Fikes Moa 1d

gimme vente vo

fe Stat.) Jorn CONG. 20 SESS.—CIL STG—OCT. 14. 1040 1149

PERSONS SERVING IN AKMED FORCES OK ON VESSELS

Sec. 523. A person who, while a citizen of the United States and , Naturalizstion of

during the World War in Europe, entered the military or naval Warexpatrates

service of any country at war with a country with which the United

States was then at war, who has Jost citizenship of the United States

by reason of any oath or obligation taken for the purpose of enter-

ing such service, may be naturalized by taking before any naturali-

vition court specified in subsection (a) of section 301 the oaths ts Pp Mr pew,

prescribed by section 335,

Sec, 324. (a) A person, including a native-born Filipino, who has | Xaiutslisaven of

served jonorably at any time in the United States Army, Navy, tary, ete, crvicr

Marine Corps, or Coast Guard for a period or periods aggregating

tliee years und who, if separated from such service, was separated

uuder honorable conditions, may be naturalized without having

resided, continuously immediately preceding the date of filing such

person's petition, in the United States for at least five years and in

the State in which the petition for naturalization is filed for at least

six months, if such petition is filed while the petitioner is still in the

service or within six months after the termination of such service.

(b) A person filing a petition under subsection (a) of this section prunes,

shall comply in all respects with the requirements of this chapter

except that—

(1) No declaration of intention shall be required;

(2) No certificate of arrival shall be required ;

(3) No residence within the jurisdiction of the court shall be

required ;

(4) Such petitioner may be naturalized immediately if the peti-

tioner be then actually in any of the services prescribed in subsection

(a) of this section, and if, before filing the petition for naturalization,

such petit‘oner and at least two verifying witnesses to the petition,

who shall be citizens of the United States and who shall identify

petitioner as the person who rendered the service upon which the

petition is based, have appeared before and Leen examined by a s

representative of the Service. Pa 5

residence in the United States and State, good moral character, attach- ‘

ment to the principles of the Constitution of the United States, and

favorable disposition toward the good order and happiness of the "

United States, during any period within five years immediately pre- 4

ceding the date of filing said petition between the periods of peti- hi

tioner’s service in the United States Army, Navy, Marine Corps, or %

”

wrt

ree eee SS : ~t2tr

; TR >

rea

Seaport

. wat

—— Oe eee ee + ee ee

Koen

go CA send SDE Se

Satu WES

’ ‘

eR RE UPd

“hat Re Se"

a an

tie

pee

~ dat ee wet ~

Coast Guard, shall be verified in the petition filed under the provisions

of subsection (a) of this section, and proved at the final hearing

thereon by witnesses, citizens of the United States, in the same manner

as required by section 309. Such verification and proof shall also be — -t»,p. 110.

made as to any period between the termination of petitioner's service

and the filing of the petition for naturalization.

‘d) The petitioner shall comply with the requirements of section | Mesidence require.

309 as to continuous residence in the United States for at least five oitrmiosind ervive,

years and in the State in which the petition is filed for at least six

months, immediately preceding the date of filing the petition, if the

termination of such service has been more than six months precedin

the date of filing the petition for naturalization, except that suc

> ty shall be considered as residence within the United States or

t ute.

_(e) Any such period or periods of service under honorable condi- yey Te

tions, and good moral character, attachment to the principles of the

Constitution of the United States, and favorable disposition toward

the good order and happiness of the United States, during such serv-

sateen ey eR be

an BuvBee « & ee ~

aan

ee. =

1150

Naturalization of

jerons “TVIne op

Jer ignated vewels

AP WERT STG BS oi

we wi

i m9

Applicability of tes

iguated sumsectwos.

-inte, p. lidw

-% «

Naturalizetie of

Of Ble eteule

IPRA RE Re seit

Hearing require-

ments.

Remo val, ete.

Leyslty as basis for

crpihoa.

Commissioner is

charcre of stmunbtra-

tion

PUBLIC LAWS—CIl. ST6—44°T. 14, 140) (54 Star.

ice, shall be proved by duly authenticated copies of records of the

executive departments having custody of the records of such service,

and such authenticated copies of records shall be accepted in lieu of

affidavits and testimony or depositions of witnesses.

Sree. 325. (a) A person whe has orved honorably or with col

conduct for an aggregate period of at least five years (1) on board

of any vessel of the United States Government other than in the

United States Navy, Marine Corps, or Coast Guard, or (2) on board

vessels of more than twenty tons burden, whether or not documented

wider the laws of the United States, and whether public or private,

which are not foreign vessels, and whose home port is in the United

States, may be naturalized without having resided, continuously

immediately preceding the date of filing stich person's petition, in the

United States for. at least five years, and in the State in which the

petition for naturalization is filed for at least six months, if such

tition is filed while the petitioner is still in the service on a reen-

istment, reappointment, or resliipment, or within six months after an

honorable discharge or separation therefrom.

(b) The provisions of subsections (b), (c), (d). and (e) of section

824 shall apply to petitions for naturalization filed under this section,

except that service with good conduct on vessels described in sub-

section (a) (2) of this section may be proved by certificates from the

masters of such vessels.

ALIEN ENEMIES

Sec. 326. (a) An alien who is a native, citizen, subject, or denizen

of any country, state, or sovervignty with which the United States

is at war may be naturalized as a citizen of the United States if such

alien’s declaration of intention was made not less than two years

prior to the beginning of the state of war, or such alien was at the

beginning of the state of war entitled to become a citizen of the United

States without making a declaration of intention, or his petition for

naturalization shall at the beginning of the state of war be pending

and the petitioner is otherwise entitled to admission, not withstanding

such petitioner sliall be an alien enemy at the time and in the man.

ner prescribed by the laws passed upon that subject.

(b) An alien embraced within this section snall not have such

alien’s petition for naturalization called for a hearing, or heard.

except after ninety days’ notice given by the clerk of the court to the

Commissioner to be represented’ at the hearing, and the Commis-

sioner’s objection to such final hearing shall cause the petition to be

continued from time to time for so eg as the Commissioner may

ulre.

.” Nothing herein contained shall be taken or construed to inter-

fere with or prevent the apprehension and removal, agreeably to

law, of any alien enemy at any tire previous to the actual naturaliza-

tion of such alien.

(d) The President of the United States may, in his discretion, upon

investigation afid report by the Department of Justice fully estab-

lishing the loyalty of any alien enemy not included in the foregoing

exemption eneapl such alien enemy from the classification of alien

enemy, and thereupon such alien shall have the privilege of applying

for naturalization.

Procepura Avmintstrattve Provisions

EXECUTIVE PU NCTIONE

Src. 327. (2) The Commissioner, or, in his absence, a Deputy Com-

missioner, shall have charge of the administration of the naturaliza-

tion laws, under the immediate direetion of the Attorney General, to

Ti6taeee

A ae

Shs

bet Dnorene nem

Tab: SUVARI IE Rot a edi ee ite

me he

aman

ee we:

4 Stat.) Tin CONG. 3p SESS.—CH. STU—OCT. 14, 140

whoin the Commissioner shal] report directly upon all naturalization

juatters annually und as otherwise required,

(b) The Comunissioner, with the approval of the Attorney Gen-

cral, shall make such rules and regulations as may be necessary to

carry into effect the provisions of this chapter and is authorized to

prescribe the scope and nature of the examination of petitioners for

hitturalization as to their admissibility to ciizenship for the purpose

of making appropriate recommendations to the naturalization courts,

Such examination shall be limited to inquiry concerning the appli-

cant’s residence, good moral character. understanding of and attach-

meut to the fundamental principles of the Constitution of the United

States, and other qualifications to become a naturalized citizen as

required by law, and shall be unifonn throughout the United States,

(raining in citizenship responsibilities of applicants for naturalization

including the sending of names of candidates for naturalization to

the public schools, preparing and distributing citizenship textbooks

to such candidates as ure receiving instruction in preparation for citi-

zenship within or under the supervision of the public schools, pre-

arte, and distributing monthly an immigyation and naturalization

uilletin and securing the aid of and cooperating with official State

and National organizations, including those concerned with vocational

education.

(d) The Commissioner shal] prescribe and furnish such forms a

may be required to give effect tu the provisions of this chapter, ani

only such forms as may be so provided shall be legal. All certificates

of naturalization and of citizenship shall be printed on safety paper

aud shall be consecutively numbered in separate series.

(e) Members of the Service may be designated by the Commissione

or a Deputy Cominissioner to administer oaths and to take depositions

Without charge in matters relating to the administration of the natu-

ralization and citizenship laws. In cases where there is a likelihood

of unusual delay or of hardship, the Comniissioner or a Deputy Com-

missioner may, in his discretion, authorize such depositions to be taken

before a postmaster without charge, or before a notary public or other

person authorized to administer oaths for genera] purposes.

(f) A certificate of naturalization or of chaizenshig issued by the

Commissioner or a Deputy Commissioner under the authority of this

Act shall have the same effect in al] courts, tribunals, and public oftices

of the United States, at home and abroad, of the District of Columbia,

and of each State, Territory, and insular possession of the United

States, as a certificata of naturalization or of citizenship issued by a

court having naturalization jurisdiction,

(g) Certifications and certified copies of all papers, doctiments, cer-

tificates, and records required or authorized to be issue, used, filed,

recorded, or kept under any and all provisions of this chapter shall be

udmitted in evidence equally with the originals in any and all cases

and proceedings under this Act and in all cases and proceedings in

which the originals thereof might be admissible as evidence.

(li) The officers in charge of property owned or leased by the Goy-

erninent are authorized, upon the recommendation of the Attorney

General, to provide quarters, without payment of rent, in any building

occupied by the Service, fora photographic studio, operated by welfare

organizations without profit and so ely for the benefit of aliens seeking

naturalization. Such studio shall be under the supervision of the

Conunissioner.

REGISTRY OF ALIENS

Sre. 328. (a) The Commissioner shall cause to be made, for use in

complying with the requirements of this chapter, a registry of each

Forms and

cates

Osths aod

tions.

Certificates

by Comiiassi

fot

Admissibility in ev-

certifi.

deposi.

issued

vOert, of-

idence of certidca

tions, etc.

Photographie stu-

Jo.

Registry of

afriving in

uta Included.

pin.

-—

t aa -

hee Kee Pe lk

bi. AS Gah “3

‘ oe

Tee

te.

at. SS

Cw.

bres

GEN

Six

BAN

) Ree se

reELIC LAWS—Cli. STi—1 4 *T” 14, jie [4 Stat.

1152

Registered person

Gownes| lawfully ol

Tuitted

I.sua ace

sinte, p. 1131

Crmtifieats perrequil

rite lo declaraten

Photographs

person arriving in the United States after the effective date of this

Act, of the name, age, occupation, personal description (including

height, complexion, color of hair and eyes, and finyerprints), the date

and place of birth. nat ionatity, the last residence, the intended place of

mah me in the United States, the date and place of arrival of said

person, and the name of vessel or other means of transportation, upon

Which said person arrived.

(b) Registry of aliens at ports of entry required by subsection (a) of

this section may be made as to any alten net ineligible te citizenship in

whoee case there is no record of admis<ion for permanent residence, if

such alien shall make a satisfactory showing to the Commissioner, in

accordance with regulations presernibed by the Commissioner, with the

approval of the Attorney General, that such alien—

(1) Entered the United States prior to July 1, 1924;

(2) Has resided in the United States cont inuously since such entry;

(3) Isa person of good moral character: and

of Is not subject to deportation.

c) For the purposes of the immigration laws and naturalization

Jaws an alien, in respect of whom a record of registry has been made as

nuthorized by this section, shall be deemed to have been lawfully

admitted to the United States for permanent residence us of the date

of such alien's entry.

CELTIFICATE OF ARRIVAL

Sec. 329. (a) The certificate of arrival required by this chapter

may be issued upon application to the Commissioner in accordance

with regulations sueeertbed by the Commissioner, with the approval

of the Attorney General. upon the making of a record of registry

as authorized by section 328 of this Act.

(b) No declaration of intention shall be made by any person who

arrived in the United States after June 29, 1906, until such person’s

lawful entry for permanent residence shall have been established,

and a certificate showing the date, place, and manner of arrival in

the United States shall have been issued. It shall be the duty of

the Conunissioner or a Deputy Commissioner to cause to be issued

such certificate.

PHOTOGRAI TIS

Sec. 330. (a) Two photographs of the applicant shall be sipnec

by and furnished by each applicant for a declaration of intention and

by each petitioner for naturalization or citizenship. One of such

photographs shall be affixed by the clerk of the court to the triplicate

declaration of intention issue! to the declarant and one to the dupli-

cate declaration of intention required to be forwarded to the Serv-

ice; and one of such photographs shall be affixed to the original

certificate of naturalization issued to the naturalized citizen and

one to the duplicate certificate of naturalization required to be

forwarded to the Service.

(b) Two photographs of the applicant shall be furnished by each

applicant for—

1) A record of registry;

2) A certificate of derivative citizenship;

3) A certificate of naturalization;

4) A ial certificate ;

(5) A yt aed oh of intention or a certificate of naturalization or

of citizenship, in lieu of one Jost, mutilated, or destroyed; and

(6) A new certificate of citizenship in the new namie of any natu-

ralized citizen who, subsequent to naturalization, has had such

citizen’s name changed by order of a court of competent jurisdiction

or by marriage.

54 Stat.) Tura CONG., 8p SESS.—CIIL. 876—OCT. 14, 1940

One such photograph shall be affixed to each such declaration or

certificate issued by the Commissioner and one shall be affixed to the

copy of such declaration or certificate retained by the Service.

DECLARATION OF INTENTION

See. 331. An applicant for naturalization shall make, under oath

before, and only in the office of, the clerk of court or such clerk's

authorized deputy, regardless of the place of residence in the United

States of the applicant, not less than two nor more than seven years

at least prior to the applicant's petition for naturalization, and after

the applicant has reached the age of eighteen years, a signed declar:-

tion of intention to become a citizen of the United States, which

declaration shall be set forth in writing, in triplicate, and shall con-

tain substantially the following averments by such a plicant:

(1) My full, true, and correct name ig ——_——___. (full, true name,

without abbreviation, and any other name which has been used, must

appear here).

(2) My present place of residence is (number and

street), —————_-. (city or town), (county),

(State).

(3) My occupation is

(4) Iam years old.

(5) My personal description is as follows: Sex ; color ,

complexion , color of eyes , color of hair , height ——

feet inches, weight pounds; visible distinctive marks

race ; present nationality

(6) I was _born on

(city or town),

(month, day, and year), in

(county, district, province, or

State), — (country).

(7) I am married; the name of my wife or husband js

; We were married on (month, day, and year),

at (city or town), (state or country); he or

she was born at (city or town),

district, province, or state), (country), on

age day, and year) ; and entered the United States a!

city or town), (State), on — (month, day, and year), for

permanent residence in the United States, and now resides at

(city or town), (state or country).

(8) I have children; and the name, sex, date, and place of

birth, and present place of residence of each of said children who is

living are as follows:

(9) My place of last fore residence was ———_—____ (city or

town), (county, district, or province),

(country).

(10) I emigrated to the United States from ————___ (city or

town), (country).

(11) My lawful entry for permanent residence in the United

States was at (city or town), (State), under

the name of » on (month, day, and year), on

the (name of vessel or other means of conveyance).

(12) I have been absent from the United Sta having

departed therefrom on (dates of departures), from the

port or ports of » upon the following vessels or other

means of conveyance: (names of vessels or conveyances

upon departures) ; and returned to the United States on

(dates of return to the United States), at the port or ports of

» upon the following vessels or other means of conveyance

(names of vessels or conveyances upon return).

(county,

1934 70°—4 1— pr, s —_ 73,

Avcrments.

1153

ee aed

at TH,

1154

Averments.

PUBLIC LAWS—CH. 876—OCT, 14, 140 (54 Star.

(13) I have —— heretofore made declaration of intention number

, on (month, day, and year), at

(city or town), —————— (county), —————— (State), in the

——_ (name of court).

(14) T am not an anarchist, nor a disbeliever in or opposed to

organized povernment, nor a member of or affiliated with any organi-

zation or body of persons teaching disbelief in or opposition to

organized government. ;

(15) It is my intention in good faith to become a citizen of the

United States and to reside permanently therein.

(16) I will, before being admitted to citizenship, renounce forever

all allegiance and fidelity -to any foreign prince, potentate, state, or

sovereignty of whom or which at the time of admission to citizenship

I may be a subject or citizen.

(17) L-eertify that the photograph affixed to ‘the duplicate and

triplicate ies te a likeness of me and was signed by me.

18) So help ine God.

‘ PETITION FOR NATURALIZATION

Sec. 332. (a) An applicant for naturalization shall, not less than

two nor more than ten years after such declaration of intention has

been made, make and file in the office of the clerk of a naturalization

court, in «duplicate, a sworn a in “er signed 7 the appli-

cant in the applicant’s own handwriting, if p a able to write,

and duly verifiel by witnesses, which petition shall

stantially the following averments by such applicant. ;

(1) My full, true, and correct name is ————— (full, true name,

without abbreviation, and any other name which has been used, must

appear here). .

contain sub-

(2) My present place of residence is —————— (number and

street), ——————. (cily or town), ——————. (county),

(State).

(3) My occupation is ;

(4) [am —— years old. j

(5) My personal description ix: Sex ——; color ——, complexion

—., color of eyes ——, color of hair ——, height

inches, weight —— pounds; visible distinctive marks ——; race ——;

resent. nationality ——. :

(G) I was born on (month, dwy, and year),

in —————-. (city or town), ——————. (county, district, province,

or state), ————— (country).

(7) I am married; the name of my wife or husband is

; we were married on —————— (month, day, and year),

at (city or town), ——————. (state or country) ; he or she

was born at ——————__ (city or town), ——————- (county, district,

province, or state), — (country), on —————— (month, day,

and year); entered the United States at —————— (city or icant

State), on —————— (month, day, and year), for per-

manent residence in the United States, and now resides at

(city or town), ——————- (state or country).

(8) I have children; and the name, sex, date, and place of

birth, and present place of residence of cach of said children who is

living are as follows: ——————.

(9) My last place of foreign residence was —————— (city or

town), , (county, district, or province),

(country).

(10) ¥ emigrated to the United States from

(city or eek: (country).

4 Star.) TOru CONG., 3v SESS.—CH. 876-—OCT. 14, 10

(11) My lawful entry for permanent residence in the United States

was at —————-. (city or town), ————— _ (State), under the

name of ——————,, on ——————__ (month, day, and year), on the

————— (name of vessel or other means of conveyance), as shown

by the certificate of my arrival attached to this petition.

(12) I have —— ees absent from the United States, having

departed therefrom on (dates of departures), from the

pert or ports of , upon the following vessels or other means

of conveyanie: (names of vessels or convey-

ances upen departures); and returned to the United States on

———_ (dates of return to the United States), at the port or

ports of ——————-, upon the following vessels or other means of

conveyance : (naines of vessels or conveyances upen

return).

(13) I have resided continuously in the United States of America

for the term of tive years at least immediately preceding the date of

this lnegee to wit, since ——————,, and continuously in the State

in ‘which this petition is made for the term of six months at least

immediately preceding the date of this petition, to wit, since ————.

(1t) I declared my intention to become a citizen of the United

States on —————— (month, day, and year), in the

(name of court) Court of , at (city or town),

—_—— (State).

(15) I have heretofore made petition for naturalization

number , on (month, ay. and year), at

(city or town), (county), —————— (State), in the

(name of court), and such petition was dismissed or denied

by that Court for the following reasons and causes, to wit: :

and the cause of such dismissal or denial has since been cured or

removed.

(16) I am not an anarchist, nor a disbeliever in or opposed to

organized government, nor a member of or aHiliated with any. organi-

zation or y of persons teaching disbelief in or opposition to

organized government.

(17) I am attached to the principles of the Constitution of the

United States and well disposed to the good order and happiness of

the United States.

(18) It is my intention in good faith to become a citizen of the

United States, and to reside permanently therein.

.(19) It is my intention to renounce absolutely and forever all

allegiance and fidelity to any foreign prince, potentate, state, or

sovereignty of whom or which at this time 1 am a subject or citizen.

(20) Attached hereto and made a part of this, my petition for

naturalization, are my declaration of intention to becoine a citizen of

the United States (if such declaration of intention be required by the

naturalization law), a certificate of arrival from the Immigration and

Naturalization Service of my said lawful entry into the United States

for permanent residence (if such certificate of arrival be required by

the naturalization law), and the affidavits of the two verifying witnesses .

required by huw.

(21) Wherefore, I, petitioner for naturalization, pray that I may be

admitted a citizen of the United States of America, and that my name

be changed to - —.

(22) I, aforesaid petitioner, being duly sworn, depose and say that

I have (read) (heard read) this petition and know that the same is

true of my own knowledge except as to matters herein stated to be

alleged upon information and belief, and that as to those matters I

believe it to be true; and that this petition is signed by me-with my

1155

1156

Avermonts of thet

toatetial [acts.

Pili of certificate

of arrival, ctc., with

petition.

Making aod Oling

of j=t itions

Preliminary bear-

ings by devigasted

examiners.

Findings, ctec., of

eromuiners.

Approval by jucige.

Final hearing io

court.

Final order.

PUBLIC LAWS—CIL S76—OCT. 14, 140 (54 Sra.

full, true, and correct name. So help me God.

(full, true, and correct name of petitioner).

(b) The applicant’s petition for naturalization, in addition to the

averinents required by subsection (a) of this section, shall include aver-

ments of all other facts which may be material to the applicant’s

naturalization and required to be proved upon the hearing of such

petition.

filed with the clerk of court a certitieate from the Service, if the peti-

tioner arrived in the United States after June 29, 1906, stating the date,

place, and manner of petitioner's arrival in the Unite: States, and the

declaration of intention of such petitioner, which certificate and decla-

ration shall be attached to and made a part of said petition,

(d) Petitions for naturalization may be made and filed during the

term time or vacation of the court and shall be docketed the same day

as filed, but final action thereon shall be had only on stated days, to be

fixed by rule of the court.

ILEARING OF PETITIONS

Src. 333. (a) The Commissioner or a Deputy Commissioner shall

designate members of the Service tu conduct preliminary hearings upon

titions for naturalization to any naturalization court and to make

findings and recommendations thereon to such court. For such pur-

poses any such designated examiner is hereby authorized to take testi-

money concerning any matter touching or in any way affecting the

admissibility of any petitioner for naturalization, to subpena witnesses,

and to administer ouths, including the oath of the petitioner to the

petition for naturalization and the oath of petitioner’s witnesses,

(b) The findings of any such designated examiner upon any such

preliminary hearing shall be submitted to the court at the final hear-

ing upon the petition with a recommendation that the petition be

granted, or denied, or continued, with the reasons therefor. Such find-

ings and recommendations shall be accompanied by duplicate lists con-

taining the names of the petitioners, classified according to the char-

acter of the recominendations, and signed by the designated examiner.

The judge to whom such findings and recommendations are submitted

shall, if he approve such recommendations, enter a written order

with such exceptions as the judge may deem proper, by subscribing

his name to each such list when corrected to conform to his conclu-

sions upon such recommendations. One of such lists shall thereafter

be fied pennnentty of record in such court and the duplicate list

shall be sent by the clerk of such court to the Commissioner.

Sec. 334. (a) Every final hearing upon a petition for naturaliza-

tion shall be had in open court before a judge or judges thereof, and

every final order which may be made upon such petition shall be

under the hand of the court and entered in full upon a record ke

for that purpose, and upon such final hearing of such petition the

— and, except as provided in subsection (b) of this section,

the witnesses shall examined under oath before the court and in

the presence of the court.

(b) The requirement of subsection (a) of this section for the

examination of the petitioner and witnesses under oath before the

court and in the presence of the court shall not apply in any case

where a designated examiner has conducted the preliminary hearing

authorized by subsection (a) of section 333; except that the court

may, in its diseretion, and shall, upon demand of the petitioner,

require the examination of the petitioner and the witnesses under

oath before the court and in the presence of the court.

hearing shall be held on any petition for naturalization nor shall

54 Stat.) Ttitn CONG., 3p SESS.—CH. 870-—-OCT. 14, 1340

any person be naturalized nor shall any certificate of naturalization

be issued by any court within thirty days after the filing of the

petition for naturalization, nor within sixty days preceding the hold-

ing of any general election within the territorial jurisdiction of the

naturalization court,

(d) The United States shall have the right to appear before any

court in any naturalization proceedings for the purpose of cross-

examining the petitioner and the witnes-es produced in support of

the petition concerning any matter touching or in any way ailecting

the petitioner's right to adiiission to citizenship, and shall have the

right to call witnesses, produce evidence, and be heard in opposition

to the granting of any petition in nacuralization proceedings.

(e) It shall be lawful at the time and as a part of the naturali-

zation of any person, for the court, in its discretion, upon the prayer

of the petitioner included in the petition for naturalization of such

person, to make a decree changing the name of said person, and the

certificate of naturalization shall be issued in accordance therewith.

OATH OF RENUNCIATION AND ALLEGIANCE

Src. 335. (a) A person who has petitioned for naturalization shall,

before being admitted to citizenship, take an oath in open court (1)

to support the Constitution of the United States, (2) to renounce and

abjure absolutely and entirely all allegiance and fidelity to any

foreign prince, potentate, state, or sovereiznty of whom or which the

petitioner was before a subject or ciizen, (3) to support and defend

the Constitution and the laws of the United States against all enemies,

foreiym and domestic, and (4) to bear true faith and allegiance to

the same, provided that in the case of the naturalization of a child

under the provisions of section 315 or 316 the naturalization court

may waive the taking of such oath if in the opinion of the court

the child is too young to understand its meaning.

(b) The oath prescribed by subsection (a) of this section which

the petitioner for naturalization is required to take, shall be in the

following form:

I hereby declare, on oath, that I absolutely and entirely renounce

and abjure all allegiance and fidelity to any foreign prince, potentate,

state, or sovereignty of whom or which I have heretofore 1 a sub-

ss or citizen; that I will support and defend the Constitution and

aws of the United States of America aguinst all enemies, foreign and

domestic: that I will bear true faith and allegiance to the same; and

that I take this obligation freely without any mental reservation or

— of evasion: So help me God. In acknowledgment whereof

have hereunto affixed my signature.

any hereditary title, or has been of any of the orders of nobility in

any foreign state, the petitioner shall, in addition to complying with

the requirements of subsections (a) and (b) of this section, make

under oath in open court, in the court to which the petition for

naturalization is made, an express renunciation of such title or order

of nobility, and such renunciation shall be recorded in the court as a

part of such proceedings.

CERTIFICATD OF NATURALIZATION

Sec. 336. A person, admitted to citizenship by a naturalization ;

court in conformity with the provisions of this Act, shall be entitled

upon such admission to receive from the clerk of such court a certifi-

cate of naturalization, which shall contain substantially the followi

information : number of petition for naturalization ; number of cortiffe

cate of naturalization; dute of naturalization; name, signature, place

1157

Richt of U. &. to

Crass—"tBaiNe, ete.

Change of name.

Aate, p. 11%.

Form.

Renunciation of

tithe, ete.

1158

Functions al da-

ties of cherries of courts

Franc, ete.

PUBLIC LAWS—CH. 876—OCT. 14, 1940 (4 Star.

of residence, autographed photograph, and personal <lescription of

the naturalized person, including age, sex, marital status, aud country

of former nativnality; title, venue, and lucation of the naturalization

court: statement that the court, having found that the petitioner

intends to reside permanently in the United States, had complied in

all respects with all of the applicable provisions of the naturalization

laws of the United States, and was entitled to be admitted a citizen

of the United States of America, thereupon ordered that the peti-

tioner be admitted as 2 citizen of the United States of America;

attestation of the clerk of the naturalization court; and seal of the

court. .

FUNCTIONS AND DUTIES OF CLERKS OF COURTS

Sec. 337. (2) It is hereby made the duty of the clerk of each and

every naturalization court to administer the oath in the clerk’s office

to each applicant for a declaration of intention made before such

clerk, and to retain the original of such declaration of intention for

‘the permanent files of the court, to forward the duplicate thereof

to the Commissioner within thirty days after the close of the month

in which such declaration was filed, and to furnish the declarant with

the triplicate theneof.

(b) It shall be the duty of the clerk of each and every naturaliza-

tion court to forward to the Commissioner a duplicate of each petition

for naturalization within thirty days after the close of the month

jn which such petition was filed, and to forward to the Commissioner

certified copies of such other proceedings and orders instituted in or

issued out of said court affecting or relating to the naturalization of

rsons as may be required from time to time by the Commissioner.

tion court to issue to any person admitted by such court to citizen-

ship a certificate of naturalization and to forward to the Commis-

sioner within thirty days after the close of the month in which such

certificate was issued, a duplicate thereof, and to make and keep on

file in the clerk’s office a stub for each certificate so issued, whereon

shall be entered a memorandum of all the essential facts set forth

in such certificate, and to forward a duplicate of each such stub

to the Commissioner within — days after the close of the month

in which such certificate was issued.

(d) It shall be the ~~“ of the clerk of each and every naturaliza-

tion court to report to the Commissioner, within thirty days after

the close of the month in which the final hearing and decision of the

court was had, the name and number of the petition of each and every

person who shall be denied naturalization together with the cause

of such denial.

(e) Clerks of courts shall be responsible for all blank certificates

of naturalization received by them from time to time from the Com-

missioner, and shall account to the Commissioner for them whenever

required to clo so. No certificate of naturalization received by any

clerk of court which may be defaced or injured in such manner as

to prevent its use as herein provided shall in any case be destroyed,

but such certificate shall be returned to the Commissioner.

(£) It shall be the duty of the clerk of each and every naturaliza-

tion court to cause to be filed in chronological order in separate vol-

umes, indexed, consecutively numbered, and made a part of the records

of stich court, all declarations of intention and petitions for natu-

ralization. :

REVOCATION OF NATURALIZATION

Sro. 338. (a) It shall be the duty of the United States district

attorneys for the respective districts, upon affidavit

cause therefor, to institute proceedings in any court specified in sub-

ot Strat.) Tra CUNGU., 3o SESS.—CHL ST6—OCT. Li, MHv

section (a) of section 301 in the judicial district in which the natu-

ralized citizen may reside at the time of bringing suit, for the purpose

of revoking and setting aside the order admitting such person to

citizenship and canceling the certificate of naturalization on the

ground ss Y fraud or on the ground that such order and certificate of

naturalization were illegally procured. ae

(b) The party to whom was granted the natnralization alleged to

have been fraudulently or illegally procured shall, in any such pro-

ceedings under subsection (a) of this section, have sixty days’ per-

sonal notice in which to make answer to the petition of the United

States; aml if such naturalized person be absent from the United

States or from the judicial district in which such persun last had his

residence, such notice shall be given by publication im the manner

rovided for the service of summons by cabtiestion or upon absentees

aa the laws of the State or the place where such suit is brought.

years after such naturalization, return to the country of such person's

nativity, or go to any other foreign country, and take permanent resi-

dence therein, it shall be considered prima facie evidence of a lack of

intention on the part of such person to become a permanent citizen

of the United S. ates ut the time of filing such person's petition for

naturalization, and, in the absence of countervailing evidence, it shall

be sufficient in the proper proceeding to authorize the revocation and

setting aside of the order admitting such person to citizenship and

the cancelation of the certificate of naturalization as having been

obtained through fraud. The diplomatic and consular officers of the

United States in foreign countries shall from time to time, throu

the Department of State, furnish the Department of Justice with t

names of those persons within their respective jurisdictions who have

been so naturalized and who have taken permanent residence in the

country of their nativity, or in any other foreizn conrntry, and such

statements, duly certified, shall be admissible i> cvidence in all courts

in proceedings to revoke and set aside the order admitting to citizen-

ship and tw cancel the certificate of naturalization.

(a) The revocation and setting asule of the order admitting any

person to citizenship and canceling his certificate of naturalization

under the provisions of subsection (a) of section 33% shall not, where

such action takes place after the effective date of this Act, result in the

loss of citizenship or any right or privilege of citizenship which would

have been derived by or available to a wife or minor child of the

naturalized person had such naturalization not been revoked, but the

citizenship and any such right or privilege of such wife or minor child

shall be deemed valid to the extent that it shall not be affected by such

revocation: Provided, That this subsection shall not apply in any case

where the revocation and setting aside of the order was the result of

actua) fraud.

(e) When a person shall be convicted under this Act of eats fe

procuring naturalization in violation of law, the court in which suc

conviction is had shall thereupon revoke, set aside, and declare void

the final orter admitting such person to citizenship, and shall declare

the certificate of naturalization of such person to be canceled. Juris-

diction is hereby conferred on the courts having juris:liction of the trial

of such offense to make such adjudication.

(f) Whenever an order admitting un alien to citizenship shall be

revoked and set aside or a certificate of naturalization shall be canceled,

or both, as provided in this section, the court in which such judgment or

decree is rendered shall make an order canceling such certificate and

shall sen«d a certified copy of such order to the Commissioner; in case

Such certificate was not ori eye issued by the court making such

order, it =hall direct the clerk of the naturalization court in which the

1159

Ante, p. Lied.

Notice

reiavenshreet

Furolsbing of cer-

Ufe«! staterments by

Jiplonsstic, ele., ol

ered U.S.

Copy to issuing

ovurt.

1160

Fotry upon troords,

Surresder of ecxr-

tifh-ate.

_Apolicabiity of pro

Viseuns

Canceistion of cer-

tificaics, etc d

Notice.

Certificates of nat-

Ams, p. Ue. -

PURLIC LAWS—CIL. ST6—OUCT. 14, 1040 (54 Strat.

order is revoked and set aside to transmit a copy of such order and

judgment to the court out of which such certificate of naturalization

shall have been originally issued. It shall thereupon be the duty of the

clerk of the court receiving such certified copy of the order and judg-

ment of the court to enter the same of record and to cancel such original

certificate of naturalization, if there be any, upon the records and to

notify the Commissioner of the entry of such order and of such cancel-

ation. A person holding a certificate of naturalization or citizenship

which has been canceled.as provided by this section shall upon notice

by the court by which the decree of cancelation was mude, or by the

Commissioner, surrender the same to the Commissioner.

(zg) The provisions of this section shall apply not only to any natu-

ralization granted and to certificates of naturalization and citizenship

issued under the provisions of this Act, but to any naturalization

heretofore granted by any court, and to all certificates of naturaliza-

tien and citizenship which a have been issued heretofore by any

court or by the Commissioner based upon naturalization granted by

any court.

CERTIFICATES OF DERIVATTVE CITTZENSHIP

Sre. 259. A person who claims to Nave derived United States citi-

zenship .'aough the naturalization of a parent or through the natu-

ralization. or citizenship of a spouse may apply to the Commissioner

for a certuicate of citizenship. Upon proof to the satisfaction of

the Conmissioner that the applicant is a citizen, and that the a pli-

cant’s alleged citizenship was derived as claimed, and upon

and subscribing before a member of the Service within the United

States to the oath of allegiance required by this Act of a petitioner -

for naturalization, such individual shall be furnished hy the Com-

missioner or a Deputy Commissioner with a certificate of citizenship,

but only if such individual is at the time within the United States.

REVOCATION OF CEETIFICATES ISSUED BY TITRE CoM MISSIOUNER OR A DEPUTY

COMMISSIONER

Sec. 340. The Commissioner is authorized to cancel any certificate of

citizenship or any copy of a declaration of intention or certificate of

naturalization heretofore or hereafter issued by the Commissioner or

a Deputy Commissioner if it shall appear to the Commissioner’s satis-

faction that such document was illegally or fraudulently obtained

from the Comuissioner or a Deputy Commissioner; but the person to

whom such document has been issued, shall be given at such person’s

last known place of address, written notice of the intention to cancel

such document with the reasons therefor and shall be given at least

sixty days in which to show cause why such document should not be

canceled. The cancelation of any such document:shall affect only the

document and not the citizenship status of the person in whose name

the document was issued.

DOCUMENTS AND COPIES ISSUED BY THE COMMISSIONER OR A DEPUTY

CUM MISSIONER

Src. 341. (a) A person who claims to have been naturalized in the

United States under section 323 of this Act may make application

to the Commissioner for a certificate of naturalization. Upon proof

to the satisfaction of the Commissioner or a ty Commissioner

that the applicant is a citizen and that p< n naturalized as

claimed in the application, such individual sliall be furnished a cer-

tificate of naturalization by the Comunissioner or a

es but only if the applicant is at the time within the United

4 Start.) 76tu CONG., 3n SFESS.—CU. 876—OCT. 14, 140

(b) If any certificate of naturalization or citizenship issued to any

citizen, or any declaration of intention furnished to any declarant,

is lest, mutilated, or destroyed, the citizen or declarant may make

application to the Commissioner for a new certificate or declaration.

If the Commissioner or a Deputy Commissioner finds that the cer-

tificate or declaration is lost, mutilated, or destroyed. he shall issue

to the applicant a new certificate or declaration. If the certificate

or declaration has been mutilated, it shall be surrendered to the

Couunissioner or a Deputy Commissioner before the appliesnt may

receive such new certificate or declaration. If the certificate or dec-

laration has been lost, the applicant or any other person who may

come into possession of it is hereby required to surrender it to the

Commissioner or a Deputy Commissioner.

any naturalized citizen, on such citizen's application therefor, a spe-

cit] certificate of naturalization for use by such citizen only for the

re of obtaining recognition as a citizen of the United States

»y a foreign state. Such certificate when issued shall be furnished

to the Seeretary of State for transmission to the proper authority

in such foreign state.

(d) If the name of any naturalized citizen has, subsequent to

naturalization, been changed by order of any court of competent

jurisdiction, or by marriage, the citizen may make application for

a Lew certificate of naturalization in the new name of such citizen.

If the Comunissioner or a me ad Commissioner tinds the name of

the applicant to have been changed as claimed. the Commissioner

ora uty Commissioner shall issue to the applicant a new certifi-

cate cal shall notify the naturalization court nt such action.

(e) The Commissioner or a Deputy Commissioner is authorized

to make and issue, without fee, certifications of any part of the uatu-

ralization records of any court, or of any certificate of naturaliza-

tion or citizenship, for use in complying with any statute, State or

Federal, or in any judicial adecoeiing. No such certification shall

be made by any clerk of court except upon order of the court.

Fiscat Provisions

See. 342. (a) The clerk of each and every naturalization court

shall charge, collect, and account for the following fees:

(1) For receiving and filing a declaration of intention, and issu-

Inga duplicate and triplicate - Soe $2.50.

(2) For making, filing, and docketing a petition for naturaliza-

tion, $5, including the final hearing on such petition, if such hearing

be held, and a certificate of naturalization, if the issuance of suc

certificate is authorized by the naturalization cuurt.

(>) The Commissioner shall charge, collect, and account for the

following fees: ;

(1) For application for record of registry, $18.

2) For the issuance of each certificate of arrival, $2.50.

3) For application for a declaration of intention in lieu of a decla-

ration alleged to have been lost, mutilated, or destroyed, $1.

(4) For application for a certificate of naturalization in lieu of a

certificate alleged to have been lost, mutilated, or destroyed, $1.

(5) For application for a certificate of derivative citizenship, $5.

(6) For application for the issuance of a special certiticate of citizen-

ship to obtain recognition, $5.

{ 2 For application for « certificate of naturalization under section

323, $1.

(8) For application for « certificate of citizenship in changed

name, SS,

1161

Tres, ete. «{ certit-

CMes oF cecil .ratious,

Special evrtifieate

of petarViration

New certificate

Srwrug change of

halur

Certifications of

roour ts, ete

Court fees.

Commissioner's

hors.

1162

\erwunting

inte. p 110

Tay of amb titivasl

clierwal force

Deporit of fees.

Limitvtien on ceua-

sels lows. exception.

Wartime [ee restric

thons.

Report to Commis-

Scet.

Additional fees, ete.

PrURLIC LAWS—CIE S76—44°T, 14, TH40 (4 Star.

(9) Reasonable fees, with the approval of the Attorney General, in

cases where such fees have not been established by law, to cover the cost

of furnishing, to other than officials or agencies of the Federal Gov-

ernment, copies, whether certified or uncertified, of any part of the

records, or information from the records, of the Service. Such fees

shall not exceed a maximum of 25 cents per folio, with a minimnin fee

of 50 cents for any one such service, in addition to a fee of $1 for any

official certification furnished under seal. é

of section 301 (except the courts specified in subsection (d) of this

section), shall account for and pay over to the Commissioner one-half

of all fees up to the sum of $6,000, amd all fees in excess of 36,000,

collected by any such clerk in naturalization proceedings in any fiscal

ear.

: 0 The clerk of any United States district court (except in Alaska)

and the clerk of the District Court of the United States for the District

of Columbia shall account for and pay over to the Commissioner all

fees collected by any such clerks in naturalization proceedings.

(e) The acconnting required by subsections (c) aud (d) of this

section shall be made and the fees pail over to the Commissioner by

such respective clerks in their quarterly accounts which they ure hereby

iio to render to the Commissioner within thirty days from the

close of eacl. quarter of each and every fiseal year, in accordance with

regulation , ceseribed by the Commissioner.

(f) ‘The clerks of the various naturalization courts shall pay all

additional clerical force that may be required in performing the duties

imposed by this Act upon clerks of courts from fees retained under the

provisions of this section by such clerks in naturalization proceedings.

(gz) All fees collected by the Comrnissioner and all fees paid over to

the Commissioner by clerks of naturalization courts under the provi-

sions of this Act. shall be deposited by the Commissioner in the Treasury

of the United States.

(h) In all naturalization proceedings in which an alien applying

for a certificate of naturalization or of citizenship is represented by

counsel, there is herely established a limit of $25 for counsel’s fees

except where lega) action before a court requires extended lezal

service when the court niav approve a reasonable fee in excess of $25.

(i) During the time when the United States is at war no clerk

of a United States court shall charge or collect a naturalization fee

from an alien. in the military or naval service of the United States

for filing a petition for naturalization or issuing a certificate of

naturalization upon admission to citizenship, and no clerk of any State

court shall charye or collect any fee for such services unless the laws

of the State require such charge to be made, in which case nothing

more than the portion of the fee required to be paid to the State

shall be charged or collected. A report of all transactions under

this subsection shall be made to the Commissioner as in the case of

other reports required of clerks of courts by this Act.

(j) In addition to the other fees required by this Act, the peti-

tioner for naturalization shall, upon the filing of a petition for

naturalization, deposit with and pay to the clerk of the naturaliza-

tion court a sum of money sufficient to cover the expenses of sub-

penaing and paying the legal fees of any witnesses for whom such

petitioner may request a subpena, and upon the final discharge of

such witnesses, they shall receive, if they demand the same from the

clerk, the customary and usual witness fees from the moneys which

the petitioner shall have paid to such clerk for such purpose, and

the residue, if any, shall be returned by the clerk to the petitioner.

Ess | oe

‘4 Star.) 76rn CONG., 30 SESS.—CH. 878#—OCT. 14, 1940

MAIL

Sec. 343. All mail matter of whatever class, relating to naturaliza-

tion, including duplicate papers required by law or regulation to be

sent to the Service by clerks of courts addressed to the Department

of Justice or the Service, or any official thereof, and endorsed

“Official Business”, shall be transmitted free of postage and by regis-

tered mail if nevessary, and so marked.

TEXTDBOOKS

Src. 344. Authorization is hereby granted for the publication and

distribution of the citizenship texibook described in subsection (c)

of section 327, and for the reimbursement of the printing and binding

uppropriation of the Departinent of Justice npon the records of the

Treasury Department from the naturalization fees deposited in tho

Treasury throuyh the Service for the cost of such publication and

distribution, such reimbursement to be nade upon statements by the

Commissioner of books so published and distributed.

Comrtmation or Natcrauization Statistics

Sec, 345. The Commissioner is authorized and directed to prepare

from the records in the custody of the Service a report upon thew

heretofore seeking . itizenship to show by nationalities their relation

to the numbers of aliens annually arriving and to the prevailin

census populations of the foreign born, their economic, vocational,

aul other classification, in statistical form, with analytical comment.

thereon, and to prepare such report annually hereafter. Payment

for the equipment used in preparing such compilation shall be made

from the appropriation, “Salaries and expenses, Immigration and

Naturalization Service”.

Prenat Provisions

Sec. 346. (a) It ix hereby made a felony for any alien or other

person, whether an applicant for naturalization or citizenship, or

utherwise, and whether an employee of the Government of the

United States or not—

(1) Knowingly to make a false statement under oath, either orally

or in writing. in any case, proceeding, or matter relating to, or under,

or by virtue of any law of the United States relating to naturalization

or citizenship.

(2) Knowingly to procure or attempt to procure—

a. The naturalization of any such person, contrary to the provi-

sions of any law; or

b. Documentary or other evidence of naturalization or of citizen-

ship of any such person, contrary to the provisions of any law.

3) To procure or attempt to procure any documentary or other

evidence of naturalization or of citizenship of any person knowing

or having reason to believe that such person is not entitled thereto.

(4) To encourage, advise, aid, or assist any person—

a. Not then entitled or qualified under this Act to apply for a

declaration of intention, to apply for such declaration of intention,

with knowledge or having reason to believe that such person was

not then so entitled or qualified ; or

b. Not then entitled or qualified under this Act to secure a decla-

ration of intention, to obtain such declaration of intention, with

knowledge that such person was not then so entitled or qualified; or

c. Not then entitled or qualified under this Act to pea for natn-

1163

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Preparation, ete

Penal provisioos.

PF lupies

1164

PUBLIC LAWS—CH. S76—("T. 15, 140 (34 Star.

ralization or citizenship, to apply for such naturalization or citizen-

ship, with knowledge that such person was not then so entitled or

qualified ; or

d. Not then entitled or qualified under this Act to obtain naturali-

zation or citizenship, to obtain such naturalization or citizenship, with

knowledge that such person was not then so entitled or qualified; or

e. Not then entitled or qualitied under this Act to apply for docu-

mentary or other evidence of naturalization or of citizenship, to apply

for such documentary or other evidence of naturalization or of citI-

zenship, with knowledge that such person was not then so entitled or

qual ified ; or

f. Not then entitled or qualified under this Act to obtain doceu-

mentary or other evidence of naturalization or of citizenship, to obtain

such documentary or other evidence of naturalization or of citizen-

ship, with knowledge that such person was not then so entitled or

qualified.

(5) To encourage, aid, advise, or assist any person not entitled

thereto to obtain, accept, or receive any certificate of arrival, declaration

of intention, certificate of naturalization, or certificate of citizenship,

or other documentary evidence of naturalization or of citizenship—

a. Knowing the same to have been procured by fraud; or

b. Knowing the same to have been procured by the use or means

of any false name or false statement given or made with the intent

to procu.« the issuance of such certificate of arrival, declaration of

intention, . ‘tificate of naturalization, or certificate of citizenship, or

other docu:rentary evidence of fiaturalization or of citizenship; or

c. Knowing the same to have been fraudulently altered in any

manner.

(6) Knowingly, in any naturalization or citizenship proceeding,

whether as the upplicant, declarant, petitioner, witness, or otherwise

in such proceeding—

a. To personate another person;

b. To appear falsely in the name of a deceased person, or in an

assumed or fictitious name.

(7) Knowingly, contrary to the provisions of this Act—

a. To issue a certificate of arrival, declaration of intention, certifi-

cate. of naturalization, certificate of citizenship, or any other docu-

mentary evidence of naturalization or of citizenship ; or :

b. To assist in or be a party to the issuance of a certificate of arrival

declaration of intention, certificate of naturalization, certificate of

citizenship, or any other documentary evidence of naturalization or

of citizenship.

(8) Knowingly to possess without lawful authority or lawful

excuse, and with intent unlawfully to use the same, any false, forged,

antedated, or counterfeited certificate of arrival, declaration of inten-

tion, certificate of naturalization, certificate of citizenship, or any

other documentary evidence of naturalization or of citizenship, pur-

porting to have been issued under any law of the United States relat-

ang to naturalization or citizenship, knowing such certificate of

arrival, declaration of intention, certificate of naturalization, certifi-

cate of citizenship, or any other documentary evidence of naturaliza-

tion or of citizenship to be false, forged, antedated, or counterfeited.

(9) Falsely to make, forge, or counterfeit any oath, notice, affidavit,

certificate of arrival, declaration of intention, certificate of naturali-

zation, certificate of citizenship, or any other documentary evidence of

naturalization or of citizenship, or any order, record, si , or

other instrument, paper, or proceeding, required or a i

any law relating to naturalization or citizenship.

S4 Stat.) 7itn CONG., 30 SESS.—CH. 876-——OCT, 14, 1940

(10) To cause or procure to be falsely mae, forged, or counter-

feited, any oath, notice, affidavit, certificate, certificate of arrival,

declaration of intention, certiticate of naturalization, certificate of citi-

zenship, or any other documentary evidence of naturalization or of

citizenship, or any order, record, signature, or other instrument,

paper, or proceeding, required or authorized by any law relating

to naturalization or citizenship.

(11) ‘To aid or assist in Saleoly making, forging, or counterfeiting,

any oath, notice, affidavit, certificate, certificate of arrival, declaration

of intention, certificate of miturulization, certificate of citizenship, or

any other documentary evidence of naturalization or of citizenship, or

any order, record, signature, or other instrument, paper, or proceed-

ing, required or authorized by any law relating to naturalization or

citizenship.

(12) To utter, sell, dispose of, or use as true or genuine, for any

unlawful purpose, any false, forged, antedated, or counterfeited oath,

notice, affidavit, cortifeate, certificate of arrival, declaration of inten-

tion, certificate of naturalization, certificate of citizenship, or any

other documentary evidence of naturalization or of citizenship, or

any order, record, signature, o

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