Lapas attēli
PDF
ePub

(b) The petitioner shall have resided continuously in the United States for at least two years immediately preceding the filing of the petition in lieu of the five-year period of residence within the United States and the six months' period of residence within the State where the naturalization court is held. (54 Stat. 1145; 8 U.S. C. 711.)

ALIEN SPOUSE OF CITIZEN IN EMPLOYMENT OF UNITED STATES GOVERNMENT,

RECOGNIZED AMERICAN INSTITUTION OF RESEARCH, OR AMERICAN FIRM OR CORPORATION ENGAGED IN DEVELOPMENT OF FOREIGN TRADE AND COM. MERCE OF UNITED STATES: REQUIREMENTS AND EXEMPTIONS

Sec. 312. An alien, whose spouse is (1) a citizen of the United States, (2) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, and (3) regularly stationed abroad in such employment, and who is

1) in the United States at the time of naturalization, and (2) declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all requirements of the naturalization laws, with the following exceptions:

(a) No declaration of intention shall be required; and

(b) No prior residence within the United States or within the jurisdiction of the naturalization court or proof thereof shall be required. (54 Stat. 1145; 8 U. 8. C. 712.)

CHILDREN

CHILD BORN OUTSIDE OF UNITED STATES OF ONE ALIEN AND ONE CITIZEN PARENT AT TIME OF BIRTH: CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED

Sec. 313. A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, be deemed a citizen of the United States, when

a (a) Such naturalization takes place while such child is under the age of eighteen years; and

(b) Such child is residing in the United States at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of eighteen years. (54 Stat. 1145; 8 U. S. C. 713.)

CHILD BORN OUTSIDE OF UNITED STATES OP ALIEN PARENTS: CONDITIONS

UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED Sec. 314. A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfillment of the following conditions:

(a) The naturalization of both parents; or

(b) The naturalization of the surviving parent if one of the parents is deceased; or

(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 place 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 naturalizaton 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. (54 Štat. 1145-1146; 8 U. S. C. 714.)

CHILD BORN OUTSIDE OF UNITED STATES: NATURALIZATION ON PETITION OF

CITIZEN PARENT; REQUIREMENTS AND EXEMPTIONS Sec. 315. A child born outside of the United States, one of whose parents is 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 otherwise disqualified from becoming a citizen and is residing permanently in the United States with the citizen parent, on the petition of such citizen parent, without a declaration of intention, upon compliance with the applicable procedural provisions of the naturalization laws. (54 Stat. 1146; 8 U.S. C. 715.)

ADOPTED CHILD: NATURALIZATION ON PETITION OF ADOPTIVE CITIZEN

PARENT OR PARENTS; REQUIREMENTS Seo. 816. An adopted child may, if not otherwise disqualified from becoming a citizen, be naturalized before reaching the age of eighteen years upon the petition of the adoptive parent or parents if the child has resided continuously in the United States for at least two years immediately preceding the date of filing such petition, upon compliance with all the applicable procedural provisions of the naturalization 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 residence; and

(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. (54 Stat. 1146; 8 U. 8. C. 716.)

FORMER CITIZENS OF THE UNITED STATES WOMEN WHO LOST CITIZENSHIP PRIOR TO SEPTEMBER 22, 1922, THROUGH

MARRIAGE TO ALIENS OR LOSS OF CITIZENSHIP BY HUSBANDS' NATURALI. ZATION: REQUIREMENTS AND EXEMPTIONS; RESULTING CITIZENSHIP STATUS

Sec. 317. (a) A person who was a citizen of the United States and who prior to September 22, 1922, lost United States citizenship by marriage to an alien or by the spouse's loss of United States cítizenship, 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 upon 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 Stato 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.

() The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner.

(4) The petition may be heard at any time after filing if there is attached to the petition at the time of filing a certificate from a naturalization examiner stating that the petitioner has appeared before such examiner for examination.

Such person shall have, from and after the naturalization, the same citizenship status as that which existed immediately prior to its loss. (54 Stat. 1146; 8 U.S. C. 717.)

WOMAN CITIZEN AT BIRTH WHO LOST OR IS BELIEVED TO HAVE LOST CITI

ZENSHIP THROUGH MARRIAGE TO AN ALIEN, AND WHOSE MARRIAGE HAS TERMINATED: DEEMED TO BE CITIZEN ON TAKING OATH OF ALLEGIANCE AS THOUGH HAD NOT LOST CITIZENSHIP; CERTIFIED COPY OF PROCEEDINGS AS EVIDENCE

(b) (1) From and after the effective date of this Act, a woman, who was a citizen of the United States at birth, and who has or is believed to have lost her United States citizenship solely by reason of her marriage prior to September 22, 1922, to an alien, and whose marital status with such alien has or shall have terminated, if no other nationality was acquired by affirmative act other than such marriage, shall, from and after the taking of the oath 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 diplomatic 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 legation 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 legation or consulate or naturalization court, shall be delivered to such woman at a cost not exceeding $1, which certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department of the United States. (54 Stat. 1146–1147; 8 U. S. C. 717.)

DUAL NATIONAL WHO HAS BEEN EXPATRIATED THROUGH ENTERING OR

SERVING IN ARMED FORCES OF FOREIGN STATE: IMMIGRATION STATUS; NATURALIZATION REQUIREMENTS AND EXEMPTIONS

(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

a

citizenship of the United States under the provisions of section 401 (c) of this Act, shall be entitled to the benefits of the provi, sions of subsection (a) of this section, except that contained in subdivision (2) thereof. Such person, if abroad, may enter the United States as a nonquota immigrant, for the purpose of recovering his citizenship, upon compliance with the provisions of the Immigration Acts of 1917 and 1924. (54 Stat. 1147; 8 U. S. C. 717.) FORMER CITIZEN OP UNITED STATES EXPATRIATED THROUGH PARENTAGE:

NATURALIZATION BEFORE 25 YEARS OF AGE; REQUIREMENTS AND EXEMPTIONS

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 affirmative act other than the expatriation of his parent or parents may be naturalized upon filing a petition for naturalization before reaching the age of twenty-five years and upon compliance with all requirements of the naturalization laws with the following exceptions:

71) 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 attached to the petition at the time of filing, a certificate 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 disposed to the good 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 naturalization court. (54 Stat. 1147; 8 U.S. C. 718.)

a

IMMIGRATION STATUS

(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 other than 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 years. (54 Stat. 1147; 8 U. S. C. 718.)

CITIZENSHIP STATUS

(c) After his naturalization such person shall have the same citizenship status as if he had not been expatriated. (64 Stat. 1147; 8 U.S. C. 718.)

MINOR CHILD'S CITIZENSHIP LOST THROUGH CANCELATION OF PARENT'S NATURALIZATION: REQUIREMENTS TO REGAIN CITIZENSHIP; EXEMPTIONS

SEO. 319. (a) A person who as a minor child lost citizenship of the United States through the cancelation of the parent' naturalization on grounds other than actual fraud or presumptive fraud as specified in the second paragraph of section 15 of the Act of June 29, 1906, as amended (34 Stat. 601; 40 Stat. 544, U. S. C., title 8, sec. 405), or who shall lose citizenship of the United States under subsection (c) of section 338 of this Act, may, if such person resided in the United States at the time of such cancelation and if, within two years after such cancelation or within two years after the effective date of this section, such person files a petition for naturalization or such a petition is filed on such person's behalf by a parent or guardian if such person is under the age of eighteen years, be naturalized upon compliance with all requirements of the naturalization 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. *(54 Stat. 1148; 8 U. S. C. 719.) CITIZENSHIP ACQUIRED UNDER THIS SECTION TO BEGIN ON THE DATE OF

NATURALIZATION: EXCEPTION (b) Citizenship acquired under this section shall begin as of the date of the person's naturalization, except that in those cases 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 person shall relate back to the date of the parent's naturalization 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. (54 Stat, 1148; 8 U.S. C. 719.)

PERSONS MISINFORMED OF CITIZENSHIP STATUS: REQUIREMENTS AND

EXEMPTIONS

SEO. 320. A person not an alien enemy, who resided uninterruptedly within

the United States during the period of five years next preceding 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, erroneously exercised the rights and performed the duties of a citizen of the United States in good faith, may file the petition for naturalization prescribed by law 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. (54 Stat. 1148; 8 U. S. Č. 720.)

NATIONALS BUT NOT CITIZENS OF THE UNITED STATES: RESIDENCE

WITHIN OUTLYING POSSESSIONS

SEC. 321. A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified may, if he becomes a resident of any State, be naturalized upon compliance with the requirements of this Act, except that in petitions for naturalization filed under the provisions of this section, residence

« iepriekšējāTurpināt »