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The provisions of this section shall be applicable to any applicant for naturalization who at any time within a period of ten years immediately preceding the filing of the petition for naturalization is, or has been, found to be within any of the clauses [classes) enumerated in this section, notwithstanding that at the time petition is filed he may not be included in such classes. (54 Stat. 1141; 8 U. S. C. 705.)

INELIGIBILITY TO NATURALIZATION OP DESERTERS FROM THB ARMED

FORCES OF THE UNITED STATES

Seo. 306. A person who, at any time during which the United States has been or shall be at war, deserted or shall desert the military or naval forces of the United States, or who, having duly enrolled, departed, or shall depart from the jurisdiction of the district in which 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, lawfully ordered, shall, upon conviction thereof by a court martial, be ineligible to become a citizen of the United States; and such 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. (54 Stat. 1141–1142; 8 U.S. C. 706.)

REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION, AND FAVORABLE DISPOSITION TO THE UNITED STATES

Sec. 307. (a) No person, except as hereinafter provided in this Act, shall be naturalized unless such petitioner, (1) immediately 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 subsection 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. (54 Stat. 1142; 8 U. S. C. 707.)

EFFECT OF ABSENCE FROM THE UNITED STATES, EXCEPTIONS

(b) Absence from the United States for a continuous period of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding 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 be presumed to break the continuity of such residence, but such presumption may be overcome by the presentation of evidence satisfactory to the naturalization court that such individual had a reasonable cause for not sooner returning to the United States. Absence from the United States for a continuous period of one year or more during the period for which

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continuous residence is required for admission to citizenship, immediately preceding 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 least one year, during which period he has made a declaration of intention to become a citizen of the United States, and who thereafter is employed by or under contract with the Gov. ernment of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary thereof, no period of absence from the United States shall break the continuity of residence if

(1) Prior to the beginning of such period (whether such period begins before or after his departure from 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 scientific rescarch 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 proves to the satisfaction of the court that his absence from the United States for such period has been for such purpose. (54 Stat. 1142; 8 U.S. C. 707.)

ABSENCE DURING 6 YEARS PRECEDING JUNE 25, 1936 (c) No period of absence from the United States during the five years immediately preceding June 25, 1936, 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 the court that during all such period of absence he has been under employment by, or contract with, the United States, or such American institution of research, or American firm or corporation, described in subsection (b) of this section, and has been carrying on the activities described in that subsection in its behalf. (54 Stat. 1142-1143; 8 U.S. C. 707.)

SERVICE ON CERTAIN VESSELS ACCEPTED AS RESIDENCE (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 Government 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, protection, and civil government of the Panama Canal and Canal Zone.

(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. (54 Stat. 1143; 8 U.S. C. 707.) EFFECT OF ABSENCE FROM THE UNITED STATES AS CLERGYMAN OR NUN

SEC. 808. 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 nuri, shall be considered as residing in the United States for the purpose of naturalization, 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 hereinbefore described. (64 Stat. 1143; 8 U. S. C. 708.)

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REQUIREMENTS AS TO PROOF VERIFICATION OP PETITION FOR NATURALIZATION BY TWO CITIZEN WIT. NESSES AS TO RESIDENCE, GOOD MORAL CHARACTER, AND ATTACHMENT TO THE CONSTITUTION

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 immediately preceding the date of filing 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 goud 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. (54 Stat. 1143; 8

8 U.S. C. 709.)

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PROOF BY ORAL TESTIMONY OR DEPOSITIONS OF PETITIONER'S QUALIFICA

TIONS AT HEARING UPON PETITION FOR NATURALIZATION (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 preceding the date of filing the petition, and the other qualifications required by subsection (a) of section 307 during such residence shall be proved by the oral testimony of at least two credible witnesses, citizens of the United States, in addition to the affidavits required by subsection (a) of this section to be included in the petition. At the hearing, residence within the United States during the five-year period, but outside the State, or within the State but prior to the six months immediately preceding the date of filing the petition, and the other qualifications required by subsection (a) of section 307 during such period at such places, shall be proved either by depositions taken in accordance with subsection (e) of section 327, or oral testimony, of at least two such witnesses for each place of residence. (54 Stat. 1143; 8 U.S. C. 709.)

EXCEPTIONS AS TO NATURE OF EVIDENCE OP QUALIFICATIONS DURING ABSENCE FROM UNITED STATES FOR UNITED STATES GOVERNMENT, AMERI. CAN INSTITUTION OF RESEARCH, OR AMERICAN FIRM OR CORPORATION ENGAGED IN DEVELOPMENT OF FOREIGN TRADE AND COMMERCE OP UNITED STATES

(c) Notwithstanding the provisions of subsections (a) and (b) of this section the requirements of subsection (a) of section 307 as to the petitioner's residence, moral character, attachment to the principles of the Constitution of the United States, and disposition toward the good order and happiness of the United States may be established by any evidence satisfactory to the naturalization court in those cases under subsection (b) of section 307 in which the alien declarant has been absent from the United States because of his employment by or contract with the Government of the United States or an American institution of research, recognized as such by the Attorney General, or employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary thereof. (54 Stat. 1144; 8 U.S. C. 709).

SUBPENA FOR PETITIONER'S WITNESSES AT FINAL HEARING, SUBSTITUTION

OP WITNESSES UNDER PRESCRIBED REGULATIONS (d) The clerk of court shall, if the petitioner requests it at the time of filing the petition for naturalization, issue a subpena for the witnesses named by such petitioner to appear upon the day set for the final hearing, but in case such witnesses cannot be produced upon the final hearing other witnesses may be summoned upon notice to the Commissioner, in such manner and at such time as the Commissioner, with the approval of the Attorney General, may by regulation prescribe. If it should appear after the petition has been filed that any of the verifying witnesses thereto are not competent, and it further appears that the petitioner has acted in good faith in producing such witnesses found to be incompetent, other witnesses may be substituted in accordance with such regulations. (54 Stat. 1144; 8 U. S. C. 709.)

MARRIED PERSONS

SPOUSES OF CITIZENS BY MARRIAGES PRIOR TO MAY 24, 1984: REQUIREMENTS

AND EXEMPTIONS Sec. 310. (a) Any alien who, after September 21, 1922, and prior to May 24, 1934, has married a citizen of the United States, or any alien who married prior to May 24, 1934, a spouse who was naturalized during such period and during the existence of the marital relation may, if eligible to naturalization, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(1) No declaration of intention shall be required; (2) In lieu of the five-year period of residence within the United States, and the six months' period of residence in the State where the petitioner resided at the time of filing the petition, the petitioner shall have resided continuously in the United States for at least one year immediately preceding the filing of the petition. (54 Stat. 1144; 8 U.S. C. 710.)

SPOUSES OF CITIZENS BY MARRIAGES ON OR AFTER MAY 24, 1934 :

REQUIREMENTS AND EXEMPTIONS (b) Any alien who, on or after May 24, 1934, has married or shall hereafter marry a citizen of the United States, or any alien whose husband or wife was naturalized on or after May 27, 1934, and during the existence of the marital relation or shall hereafter be so naturalized may, if eligible for naturalization, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions :

(1) No declaration of intention shall be required;

2) In lieu of the five-year period of residence within the United States, and the six months period of residence in the State where the petitioner resided at the time of filing the petition, the petitioner shall have resided continuously in the United States for at least three years immediately preceding the filing of the petition. (54 Stat. 1144; 8 U.S. C.710.)

VALIDATION OF NATURALIZATIONS ON OR AFTER MAY 24, 1934, OY

CERTAIN WOMEN SPOUSES OF CITIZENS (c) The naturalization of any woman on or after May 24, 1984, by any naturalization court of competent jurisdiction, upon proof of marriage to a citizen or the naturalization of her husband and proof of but one year's residence in the United States is hereby validated only so far as relates to the period of residence required to be proved by such person under the naturalization laws. (54 Stat. 1144; 8 U.S. C. 710.)

VALIDATION OF NATURALIZATIONS ON OR AFTER MAY 24, 1934, OP

CERTAIN MEN SPOUSES OF CITIZENS (d) The naturalization of any male person on or after May 24, 1934, by any naturalization court of competent jurisdiction, upon proof of marriage to a citizen of the United States after September 21, 1922, and prior to May 24, 1934, or of the naturalization during such period of his wife, and upon proof of three years' residence in the United States, is hereby validated only so far as relates to the period of residence required to be proved by such person under the naturalization laws and the omission by such person to make a declaration of intention. (54 Stat. 1145; 8 U. S. C. 710.)

PERSONS WHO, ON JANUARY 13, 1941, ARE MARRIED TO, OR THEREAFTER MARRY CITIZENS, OR WHOSE SPOUSES ARE NATURALIZED AFTER JANUARY 13, 19413 REQUIREMENTS AND EXEMPTIONS

Sec. 311. A person who upon the effective date of this section is married to or thereafter marries a citizen of the United States, or whose spouse is naturalized after the effective date of this section, if such person shall have resided in the United States in marital union with the United States citizen spouse for at least one year immediately preceding the filing of the petition for naturalization, may be naturalized after the effective date of this section upon compliance with all requirements of the naturalization laws with the following exceptions:

(a) No declaration of intention shall be required.

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