# Supplemental Appendix — Lopez v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385011_0057%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Supplemental Appendix - **Published:** January 1, 1983 - **Citation:** 464 U.S. 935 ## Text pe 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 . 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 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 Cn 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 an ef rt = = 4 — . ¥ Sad “* v ‘! rm « sf 600 Kesjeositility fier blank. Keturn «of deface! @te., Vistas Ponaly Devlanstion Petition, certificate et 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 ‘ 5. 7 eee Ry oe ® ‘ . wes te! Fe aa f Be». vate arti pee ". aoe _ams a 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, et 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 7 -. 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- ‘ H , 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, 4 , ‘ ’ ’ tie ee en S PIFTY-NINTIF CONGRESS, Spas. | Cu. Boe, Pe, 603 4 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 SS 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 4 3 + Oy oe ERE OATS tet ed Ate Faby wh “ iat HO04 Petiveon for gatural n 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 i ; » ry pe gil’, . “. Ya eg he A TAs at ny . | a . ~~, * D ’ Pe hee tr 4 eee ‘i vie ss, ys Sada oe 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 “—-—* =. es +++ 9 *+++-6 so hel al | wrten: bao Wer whe ar ww oe —_——- ee ernie Oe ae oF bw et neg. 7a a i de oem ‘ » a refine) sols eka oo Parz J Pr "4 « 4 te ** -- ww atria ts =F at Sl aM hee a KF ; ope re gavel —. ‘—_- ~~ we Ad Nee - ; “ 2 AS wh o a ‘ ae 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 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 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 wR 1940 STATUTE — r , a - * : Pl ie 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-- 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; (c) A person born outside of the United States and its outlying po-=- 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; (c) "f child of unknown parentage found in an outlying possession 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), . =] er \.sa2 . ere? re - ‘yeeres Ves P - a” ‘ e o> ay cases — S Wert «) titia Calta oes »* Aw “a QA 4 Ls ‘ > te"” 1140) Blatus, a! cote Of kegi timation, cte ralizatien puri~ lett Petitions withia Btete judanal Uwtrata ae 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 = “ 7 \ “24mm. art: ~—S __- a. > he - a «x a aes =. ut ae rh + r) 2 a . >» tar hg , . 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 De 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 xt 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 st > ‘ ae bape A Salty a i ; ay ork bel ve oP A fos ‘ me gee pelaty rte 92 PE 7 - ~~ 2 re 2 & Oot eebs mete & OT og vk eee . ° 4 +e * ‘ ty ¥ “a! + ‘ = eet ree a, & ” i 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 *P ewes ——- ¢-- S nes os ae an BT => COT 9 (paper as sailing OR RD ge = 3 wa RRR IE ms : "= Geter - >” eh Lttands eer we Maa : ‘44 hee 4 hate sod aw Poy? a Sage) sabe a, @ etvern mr Bos Raed nae wee fy aw), es 4 we Pprer. Fy om _*3 Th ae a ee TAG eu SUNS “*- > pone sim hts 7) 3) bh Gwe dl ne aS Se FC 7 s a? 4 d : “pho i Otte fc sa oy ‘ af ah 8 2X ee eS tee FP Le " aa 1146 PUBLIC LAWS—CH. 876—OCT. 14, 1940 [54 St 45. (c) The naturalization of the parent having legal custody of the 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 7 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 . (c) Adopted and in the legal custody of the adoptive parent or 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. (c) A person who shall have been a citizen 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 (c) After his naturalization such person shall have the same citi- 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: of 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, us ab + 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 (c) In case such petitioner’s service was not continuous, petitioner’s 4 oti." ° ™* 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 v . wat —— Oe eee ee + ee ee 7 Koen go CA send SDE Se Satu WES ’ ‘ eR RE UPd ~ = “hat Re Se" t a an tie pee . rh ~ dat ee wet ~ . 7 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 ~ ee aan ll es 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 a -% « 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 3 ae A ae Shs bet Dnorene nem Tab: SUVARI IE Rot a edi ee ite me he aman ee 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, (c) The Commissioner is authorized to promote instruction and (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. he -— t aa - 4 hee Kee Pe lk bi. AS Gah “3 ‘ oe Tee te. at. SS Cw. J . bres GEN Six 4 - - Sy a * SS A 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 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) 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 (c) ‘The clerk of any naturalization court specified in subsection (a) 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 ‘Vtansmittal free of {* stage. 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, or other instrument, paper, or proceed- ing, = or authorized by any law relating to naturalization or citizenship. (13) 1 sell, or dispose of unlawfully, a declaration of intention, certificat® of naturalization, certificate of citizenship, or any other docunfentary evidence of naturalization or of citizenship. (14) Knowingly to use in any manner for the purpose of register- ing as'a voter, or as evidence of a right to vote, or otherwise unlaw- fully, any order, certificate, certificate of naturalization, certificate of citizenship, judgment, decree, or exemplification, showing any person to be naturalized or admitted to be a citizen, whether aw A ore or hereafter issued or made, which has been unlawfully issued or made. (15) Knowingly and unlawfully to use, or attempt to use, any order, certifiente, certificate of naturalization, certificate of citizenship, judg- ment, decree, or exemplification, showing any person to be naturalized or admitted to be a citizen, whether heretofore or hereafter issued or made, which has been issued to or in the name of any other person or in a fictitious name, or in the name of a deceased person. (16) To use or attempt to use any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or other documentary evidence of naturalization or of citizenship here- tofore or which may hereafter be issued or granted, knowing the same to be forged, counterfeited, or antedated, or to have been procured by fraud or by false evidence, or without appearance or hearing of the applicant in court where such appearance and hearing are required, or otherwise unlawfully obtained. (17) To aid, assist, or participate in the use of any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or other documentary evidence of naturalization or of citizenship heretofore or which may hereafter be issued or granted, knowing the same to be sy counterfeited, or antedated, or to have been procured by fraud or by false evidlence, or without appearance or hearing of the applicant in court where such appearance and hearing are required, or otherwise unlawfully obtained. (18) Knowingly to falsely represent himself to be a citizen of the United States without having been naturalized or a«lmitted to citizen- “a or without otherwise being a citizen of the United States. _ (19) Knowingly, with the intent to avoid any duty or liability imposed or required by law, to deny that he has been naturalized or 1165 PUBLIC LAWS—CLL. Site—OCT. 14, Lao [4 Strat. - admitted to be a citizen, after having been so naturalized or admitted. (20) To engrave, withont lawful authority, any plate in the likeness of any plate Sealauee for the printing of a deciaration of intention, or certificate of naturalization, or certifieate of citizenship, or any other documentary evidence of naturalization or of citizenship. (21) To cause or procure to be engraved, without lawful authority, any plate in the likeness of any plate designed for the printing of a declaration of intention, or certificate of naturalization, or certificate of citizenship, or any other documentary evidence of naturalization or of citizenship. (22) To assist in engraving. without lawful authority, any plate in the likeness of any plate designed for the printing of a declaration of intention, or certificate of naturalization, or certiticate of citizenship, or any other documentary evidence of naturalization or of citizenship. (23) To sell any plate in the likeness of any plate designed for the printing of a seclaration of intention, or certificate of naturalization, or certificate of citizenship, or any other documentary evidence of nat- uralization or of citizenship. except by direction of the Commissioner or other proper officer of the United States. (24) ‘To bring into the United States from any foreign place any plate in the ‘ikeness of any plate designed for the printing of a declaration ontion, certificate of naturalization, or certificute of citizenship, 0: any other documentary evidence of naturalization or of citizenship, except by direction of the Commissioner or other proper officer of the United States. (25) To have in the control, custody, or possession of any such alien or other person, any metallic plate engraved after the similitude of any plate from which any declaration of intention, or certificate of naturalization. or certifieate of citizenship, or any other documentary evidence of naturalization or of citizenship, has been or is to be printed, with intent to use or to suffer -uch plate to be used in forg- ing or counterfeiting any such declaration of intention, or certificate of naturalization, or certificate of citizenship, or other documentary evidence or any part thereof. (26) To bring into the United States from any foreign place, except by direction of the Connnisxioner or other proper Meet of t United States, any declaration of intention, or certificate of naturali- zation, or certificate of citizenship, or any other documentary evi- dence of naturalization or of ays printed from any metallic ylate engrave) after the similitude of any plate from which any declaration of intention. certificate of naturalization, or certificate of citizenship, or any other documentary evidence, of naturalization or of citizenship has been or is to be printed. (27) To have in his possession, without lawful authority, any blank certificate of arrival, blank declaration of intention, or blank certifi-’ cate of naturalization or of citizenship, provided by the Service, with the intent oe to use the same. (28) To have in adopted by the proper officer or agency of the United States. for the printing or engraving of any declaration of intention, or certificate rl naturalization or of citizenship, with intent unlawfully to use the same. (29) To print, photograph, make, or execnte, or in any manner cause to be viet " photographed, nuvle, or executed, without law- ful authority, » nt or impression in the likenes of any certifi- cate of arrival, ration of intention, or certiGeate of naturaliza- tion or of citizenship, or any part thereof. (9) Knowi to preeure or attempt te an alien or other person to v any-of the provisions of thix Act. is possession a «listinctive beer which has been 4 Star.) Jitu CONG. 3o SESS.—CH. S76—OCT, 14, 1940 (31) Failing, after at least sixty days’ notice, by the appropriate court or the Conimissioner or a Deputy Comnnissioner, to surrender a certificate of naturalization or citizenship which has been canceled, in accordance with the provisions of this Act, such person having such certificate in his possession or under his control. ie (32) Knowingly to certify that an applicant, declarant, petitioner, affiant, witness, deponent, or other person named in an application, declaration, petition, affidavit, deposition, or certificate of naturaliza- tion, or certificate of citizenship, or other paper or writing required or authorized to be executed or used under the provisions of this Act, personally appeared before the person making such certification and was sworn thereto or acknowledyed the execution thereof, or signed the same, when in fact such applicant, declarant, lp erned ‘affiant, witness, (leponent, or other person, did not personally appear before the person making such certification, or was not sworn thereto, or did not execute the same, or did not acknowledge the execution thereof. (33) Knowingly to demand, charge, solicit. collect, or receive, or agree to charge, solicit, collect, or receive any other or additional fees or moneys in naturalization or citizenship or other proceedings under this Act than the fees and moneys specified in such Act. (34) Willfully to neglect to render true accovnts of moneys received by any clerk of « naturalization court or such clerk’s assistant or any other person under this Act or willfully to neglect to pay over any balance of such moneys due to the United States within thirty days after said payment shall become due and demand therefor has been made and refused, which neglect shall constitute embezzlement of the public mone (b) The provisions of this section shall apply to copies and dupli- cates of certificates of urrival, of declarations of intention, of certifi- cates of naturalization, of certificates of citizenship, and of other documents required or authorized by the naturalization laws and citi- zenship laws as well as to the originals of such certiticates of arrival. declarations of intention, certificates of naturalization, certificates of citizenship, and other documents, whether issued by any court or by the Commissioner or a Deputy Commissioner. (c) The provisions of this section shall apply to all proceedings had or taken or atternpted to be had or taken, bet in subsection (a) of section 301, or any court, in which proceedings for naturalization may have been or may be commenced or attempted to be commenced, and whether or not such court at the time such proceedings were had or taken wus vested by law with jurisdiction in naturalization proceedings. (d) Any person violating any provision of subsection a) of this section shall be fined not more than $5,000, or impri not more than five years, or both. (e) Any person who has been subpenaed under the provisions of subzection 3) of section 309 to appear on the final hearing of a petition for naturalization, and who shall neglect or refuse to so appear and to testify, if in the power of such person to do so, shall be subject to the penalties prescribed by sokepation (d) of this section, (f) If any person shall use the endorsement “Official Business” authorized by section 343 to avoid — of or regi fee on a private letter, eee oS matter in aa oni person shall be guilty of a mi and subject to a fine of $300, fo he peesseuted’ tn en Saree risliction. shall. be t » or punished (zg) No person prosecti t for any is commission of such erime is filed within five years next after the crime arising under the isions of this Act unless the indictment found of the information ie file y" ore any court specified ings 1167 Felonies—Cont. Applicability to Certuiad scuments, etc. Applicability to court proce:!- Ante, p. 1140. Peoalty. Noacompliance with su ~ tate, p. 1144. 1168 Applienbility of ¢1- isting luws to pret cTithes. Testunony of of- fieers. ete Noncompliance by cletk« of ovurt, peu ality. ainte, p. LES Fallure to acount for certificates slate, p. 115s. Provisionsappti- catie to fteverd of registr) vinte, p. USI Aate, p. 110. en tog clauses Ante, p. Liw;, past, p. 171. Hearing of ponding petitivs. Neturalization in foreign siste. } PUBLIC LAWS—CHL 876—O0CcT. 14, 10 (54 Srat. (h) For the pucpose of the prosecution of all crimes and offenses against the notnralination or citizenship laws of the United States which may have been committed prior to the date when this Act shall go into effect, the existing naturalization and citizenship laws shall remain in full force and effect. (i) 1t shall be lawful anc admissible as evidence in any — founded under this Act, or any of the penal or crimina provisions of the immigration, naturalization or citizenship laws, for any officer or employee of the United States to render testimony as to any state- tent voluntarily made to such officer or employee in the course of the performance of the official duties of such officer or employee by any defendant at the time of or subsequent to the alleged commission of any crime or offense referred to in this section which may tend to show that such defendant did not or could not have had knowledge of any matter concerning which such defendant is shown to have made aflidavit, or oath, or to have Leen a witness pursuant to such law or hiws. (j) In case any clerk of court shall refuse or neglect to comp! with any of the provisions of section 337 (a), (b), (c), or (a), such clerk of court shall forfeit and pay to the United States the sum of $25 in erch and every case in which such violation or oimission occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk. (k) T€ any clerk of court shall fail to return to the Service or properly account for any certificate of naturalization furnished by the Service as provided in subsection (e) of section 337, such clerk of court shall be liable to the United States in the sum of $50, to be recovered in an action of debt, for each and every such certificate not ae rly accounted for or returned. (1) The provisions of subsections (a), (b), (d), (zg), (hi), and (i) of this section shall apply in respect of the application for and the record of registry authorized by section 328, in the same man- ner and to the same extent, including penalties, as they apply in any naturalization or citizenship proceeding or any other proceeding under section 346. SAVING CLAUSES Sec. 347. (a) Nothing contained in either chapter IIT or in chap- ter V of this Act, unless otherwise provided therein, shall be con- strued to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization or of citi ip, or other document or proceeding which shall be valid at the time this Act shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any act, thing, or mat- ter, civil or criminal, done or existing, at the time this Act shall take effect: but as to all such prosecutions, suits, actions, yooenndiog», acts, things, or matters, the statutes or parts of statutes repealed by this Act, are hereby continued in force and effect. (b) Any petition for naturalization heretofore filed which may be pending at the time this Act shall take effect shall be heard and determined within two years thereafter in accordance with the requirements of Jaw in effect when such petition was filed. CHAPTER 1V—LOSS OF NATIONALITY Src, 401. A person who is a national of the United States, whether by birth or natusalization, shall lose his nationality by: (2) Obtaining naturalization ina foreign state, either upon his own application or through the naturalization of a parent having legal 54 Stat.) fTn CONG. So SESS.—CH, 876—CT. 14, 1040 custody of such person: Provided, however. That nationality shall not be lost as the result of the naturalization of a parent unless and until the child shall have attained the age of twenty-three years with- out acquiring permanent residence in the United States: Provided further, That « persen who has acquired foreign nationality through the naturalization of his parent or parents, «nl who at the same time is a citizen of the United States, shall, if abroad am] he has not heretofore exputriated himself as an American citizen by his own voluntary act, be permitted within two years from the effective date of his Act to return to the United Staies and take up permanent residence therein, and it shall be thereafter deemed that he a elected to be an American citizen. Failure on the part of such person to sv return and take up permanent residence in the United States during such period shall be deemed to be a determination on the part of such person to discontinue his status as an American citizen, and such person shall be forever estopped by such failure from thereafter claim- ing such American citizenship; or (b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or (c) Enteriny, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States, if he has or acquires the nationality of such foreign state; or (d) Accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or political subdivision thereof for which only nationals of such state are eligible; or (e) Voting in a political election in a foreign stute or participating in an election or plebiscite to determine the suvervignty over foreign territory; or (f) Making a formal, renunciation of nationality before a diplo- matic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or (g) Deserting the military or naval service of the United States in time of war, provided he is convicted thereof by a court martial; or (h) Committing any act of treason against, or attempting by force to overthrow or bearing arms against the United States, provided he is convicted thereof by a court martial or by a court of competent jurisdiction. Sre. 402. A national of the United States who was bern in the United States or who was born in any place outside of the jurisdic- tion of the United States of a parent who was born in the United States, shall be presumed to have expatriated himself under subsec- tion (c). or (d) of section 401, when he shall remain for six months or longer within any foreign state of which he or either of his parents shall have been a national according to the laws of such foreign state, or within any place under control of such fureign state, and such »resumption shall exist until overcome whether or not the individual hep returned to the United States. Such presumption may be over- come on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, or n immigration of the United States, under such rules and regulations as the Depart- ment of State and the Department of Justice jointly prescribe. However, no such acee pa shall arise with respect to any officer or employee of the United States while broad as ouch officer or em , hor to any accompanying member of his family. Src. (a) Except as provided in subsections () and th) section 401, ne national can eupeteiate himself, or be expatriate, under this section while within United States or any of its out- lying possessions, but expatriativn shall result frum the performance 1984 710° —41—rv. 1 ——-74 ‘ of I 1169 Proviso F fect upon child. Election of Ameri. C3 citizenship. Osth of allegiance to foreign state. Service ia foreign armed forces. Employment, ete., by foreign govera- ment. Voting in foreigo Iviltier! elections, ete. Formal renunciatia of teatiunality. Dserting U.S. mi ary of veval strike. Committing tree- =n, ete. Tresucn ptlon of et valrtstion. Overcoming pre- sumptioa. 1170 Frypatriation of o#t- tain Inieets, resiric- tion, Expatriation of nat- utsiized nationals theengh foreign tes denee. Persons in U. 8 eruploy aiwoad, etc. No expatrivtion by reshieree shrewd io Gesignsted cuss. Peflect of parent's aa miners residiag sdtimd. Pron en Comiition PUBLIC LAWS—CIL 876—OUT. 14, 1940 [54 Star. within the United States or any of its outlying paws of any of the acts or the fulfillment of any of the conditions specified in this section if and when the national thereafter takes up a residence abroad. (>) No national under eighiteen years of age can expatriate him- self under subsections (b) to (gz), inclusive, of section 401. Sec. 404. A person who has become a national by naturalization shall lose his nationality by: (a) Residing for at least two years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, if he acquires through such residence the nation- ality of such foreign state by operation of the law thereof; or (b) Residing continuously for three years in the territory of a foreigm state of which he was formerly a national or in which the wy. his birth is situated, except as provided in section 406 ereofl. (c) Residing continuously for five years in any other foreign state, except as provided in section 406 hereof. Sec. 495. Section 404 shall have no application to a person: (a) Who resides abroad in the employment and under the orders of the Government of the United States; (b) Who is receiving compensation from the Government of the United States and residing cored on account of disability incurred in its service. Src. 406. Subsections (b) and (c) of section 404 shall have no appli- cation toa person: (2) Who shall have resided in the United States not less than twenty-five years subsequent to his naturalization and ‘shall have attained the age of sixty-five years when the foreign residence is established; (b) Who is residing abroad upon the date of the approval of this Act, or who is thereafter sent abroad, and resides abroad temporarily solely or principaliy to represent a bona fide American educational, scientific, philanthropic, religious, commercial, financial, or business organization, having its principal office or place of businexs in the United States, or an international agency of an official character in which the United States participates, for which he-receives a sub- stantial compensation ; (c) Who is residing abroad on account of ill health; F (ad) Who is residing abroad for the purpose of pursuing studie’ of a specialized character or attending an institution of learning of a = above that of a preparatory school, provided that such residence does not exceed five years; (c¢) Who is the wife, husband, or child under twenty-one years of age of, and is residing abroad for the purpose of being with, an Ameri- can citizen spouse or parent who is residing abroad for one of the objects or causes specified in section 405 or subsections (a), (b), (c), or (d) hereof; (f) Who was born in the United States or one of its outlying ——— who originally had American nationality, and who, after aving lost such nationality through marriage to an alien, reac- uired it. . Sec. 407. A person having American nationality, who is a minor and is residing in 2 foreign state with or wnder the legal custody of a parent who loses American nationality under section 404 of ‘this Act, shall at the same time lose his American nati if such minor has or acquires the nationality of «uch foreign state : ided, That, in such case, American nationality -hall not be lest as the result of loss of American nationality by the parent unless and until the 4 Stat.] 76Tu CONG, 3p SESS.—CHL ST6—OCT. 14, 140 child attains the age of twenty-three years without having acquired permanent residence in the United States. Sec. 408. The loss of nationality under this Act shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this Act. Src. 409. Nationality shall not be lost under the provisions of sec- tion 404 or 407 of this Act until the expiration of one year following the date of the approval of this Act: Provided, however, That a natu- ralized person ms shall have become subject to the presumption that he has ceased to be an American citizen as provided for in the second paragraph of section 2 of the Act of March 2, 1907 (34 Stat. 1228), and who shall not have overcome it under the rules in effect imme- diately preceding the date of the approval of this Act, shall continue to be subject to such presumption for the period of one year following ne a of the approval of this Act unless it is overcome during such ri “om 410. Nothing in this Act shall be applied in contravention of the provisions of any treaty or convention to which the United Stutes is a party upon the date of the approval of this Act. CHAPTER V—MISCELLANEOUS Sec. 501. Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his American nationality under any provision of chapter IV of this Act, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations to be prescribed by the Secretary of State. If the report of the dip- lomatic or consular officer is approved by the Secretary of State, a copy of the certificate shall be forwarded to the Department of Justice, for its information, and the diplomatic or consular office in which the report was made shall be directed to forward a copy of the certificate to the person to whom it relates. Src. 502. The Secretary of State is hereby authorized to issue, in his discretion and in accordance with rules aml regulations prescribed by him, a certificate of nationality for any person not a naturalized citizen of the United States who presents satisfactory evidence that he is an Anierican national and that such certificate is needed for use in judicial or administrative proceedings of a foreign state. Such certificate shall be solely for use in the case for which it was issued and shall be transmitted by the Secretary of State through appro- priate official channels to the judicial or administrative officers of the foreign state in which it is to be used. Src. 503. If any person who claims a right or privil as a national of the United States is denied such et or oriations by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad. may institute an action against the head of such Department or agenc in the District Court of the United States for the District ° Columbia or in the district court of the United States for the district in which such person claims a permanent residence for a ae gene declaring him to be a national of the United States. If person is outside the United States aml shall have instituted such an action in court, he may, upon subinission of a sworn appli- cation showing that the claim of nationality presented in such action is made in good faith and has a substantial basis, obtain from a diplomatic or entisular officer of the United States in ¢ which he is residing a certificate of identity 1171 lass depentent oa OWN arts, etc. Time restriction oo less of nationality. Anis, p. 1izv. Persons subpct to designated $presump tion, § U.5.C.§17. Norpcontravention of treaties, ete. Certificates cf loss of nationality. «bale, p. 1144, Certificates of ba tiomality . Us Cettificates of bien tity for U. 8. entry. 1172 Appeal. Kules, ete. Repeal. PUBLIC LAWS—CIL S76-O0CT. 14, 1to (54 Star. stating that his nationality status is pending before the court, and may adinitted to the United States with such certificaie upon the condition that he shall be subject to deportation in case it shall be decided by the court that he is not a national of the United States. Such certificate of identity shall not be denied solely on the ground that such person has lost a status Pieeny had or acquired as a national of the United States; and from any denial of an uppli- cation for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in Writing the reasons for his decision. The Secretary of State, with approval of the Attorney General, shall preseribe rules and regulations for the issuance of certifi [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385011_0057%3A2. Public record. Not legal advice.