« iepriekšējāTurpināt »
(9) My last place of foreign residence was
(city or town),
(county, district, or province), (country). (10) I emigrated to the United States from
(city, or town),
(country). (11) My lawful entry for permanent residence in the United States was at (city or town),
(State), under the name of --------, on --------- (month, day, and year), on the
(name of vessel or other means of conveyance), as shown by the certificate of my arrival attached to this petition.
(12) I have ---- been absent from the United States, having departed therefrom on ---- (dates of departures), from the port or ports of ------- upon the following vessels or other means of conveyance:
(names of vessels or conveyances upon departures); and returned to the United States on (dates of return to the United States), at the port or ports of ----, upon the following vessels or other means of convey
(names of vessels or conveyances upon return); (13) I have resided continuously in the United States of America for the term of five years at least immediately preceding the date of this petition, to wit, since -----, and continuously in the State in which this petition is made for the term of six months at least immediately preceding the date of this petition, to wit, since
(14) I declared my intention to become a citizen of the United States on
(month, day, and year), in the (name of court) Court of .--.
at --:- (city or town), (State). (15) I have heretofore made petition for naturalization number -----, on
(month, day, and year), at (city or town),
(county), (State), in the
(name of court), and such petition was dismissed or denied by that Court for the following reasons and causes, to wit:
and the cause of such dismissal or denial has since been cured or removed.
(16) I am not an anarchist, nor a disbeliever in or opposed to organized government, nor a member of or affiliated with any organization or body of persons teaching disbelief in or opposition to organized government.
(17) I am attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.
(18) It is my intention in good faith to become a citizen of the United States, and to reside permanently therein.
(19) It is my intention to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which at this time I am a subject or citizen.
(20) Attached hereto and made a part of this, my petition for naturalization, are my declaration of intention to become a citi. zen of the United States (if such declaration of intention be required by the naturalization law), a certificate of arrival from the Immigration and Naturalization Service of my said lawful entry into the United States for permanent residence (if such certificate of arrival be required by the naturalization law), and the affidavits of the two verifying witnesses required by law.
(21) Wherefore, I, petitioner for naturalization, pray that I may be admitted a citizen of the United States of America, and that my name be changed to
(22) I, aforesaid petitioner, being duly sworn, depose and say that I have (read) (heard read) this petition and know that the same is true of my own knowledge except as to matters herein stated to be alleged upon information and belief, and that as to those matters I believe it to be true; and that this petition is signed by me with my full, true, and correct name. So help me God.
(full, true, and correct name of petitioner). (54 Stat. 1154-1156; 8 Ú. S. C. 732.)
AVERMENTS AND PROOF OF OTHER MATERIAL FACTS REQUIRED (b) The applicant's petition for naturalization, in addition to the averments required by subsection (a) of this section, shall include averments of all other facts which may be material to the applicant's naturalization and required to be proved upon the hearing of such petition. (54 Stat. 1156; 8 U. S. C. 732.) CERTIFICATE OF ARRIVAL AND DECLARATION OF INTENTION TO BE
ATTACHED AND MADE A PART OF PETITION AT TIME OF FILING (c) At the time of filing the petition for naturalization there shall be filed with the clerk of court a certificate from the Service, if the petitioner arrived in the United States after June 29, 1906, stating the date, place, and manner of petitioner's arrival in the United States, and the declaration of intention of such petitioner, which certificate and declaration shall be attached to and made a part of said petition. (54 Stat. 1156; 8 U. S. C. 732.)
FINAL COURT ACTION ON PETITIONS FOR NATURALIZATION ONLY ON COURT
(d) Petitions for naturalization may be made and filed during the term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court. (54 Stat. 1156; 8 U.S. C. 732.)
HEARING OF PETITIONS DESIGNATION OF MEMBERS OF THE SERVICE TO CONDUCT PRELIMINARY HEARINGS AND MAKE FINDINGS AND RECOMMENDATIONS TO THE COURT UPON NATURALIZATION PETITIONS; AUTHORITY TO TAKE TESTIMONY, SUBPENA WITNESSES, AND ADMINISTER OATHS
SEO. 833. (a) The Commissioner or a Deputy Commissioner shall designate members of the Service to conduct preliminary hearings upon petitions for naturalization to any naturalization court and to make findings and recommendations thereon to such court. For such purposes any such designated examiner is hereby authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any petitioner for naturalization, to subpena witnesses, and to administer oaths, including the oath of the petitioner to the petition for naturalization and the oath of petitioner's witnesses. (54 Stat. 1156; 8 U. S. C. 733.) FINDINGS OF DESIGNATED EXAMINER TO BE SUBMITTED TO THE COURT AT
THE FINAL HEARING, ACCOMPANIED BY DUPLICATE LISTS OF PETITIONERS; JUDGE, UPON APPROVAL, TO ENTER WRITTEN ORDER WITH ANY EXCEPTIONS; DISPOSITION OF LISTS
(b) The findings of any such designated examiner upon any such preliminary hearing shall be submitted to the court at the final hearing upon the petition with a recommendation that the petition be granted, or denied, or continued, with the reasons therefor. Such findings and recommendations shall be accompanied by duplicate lists containing the names of the petitioners, classified according to the character of the recommendations, and signed by the designated examiner. The judge to whom such findings and recommendations are submitted shall, if he approve such recommendations, enter a written order with such exceptions as the judge may deem proper, by subscribing his name to each such list when corrected to conform to his conclusions upon such recommendations. One of such lists shall thereafter be filed permanently of record in such court and the duplicate list shall be sent by the clerk of such court to the Commissioner. (54 Stat. 1156; 8 U.S. C. 733.)
FINAL HEARING IN OPEN COURT UPON PETITIONS FOR NATURALIZATION; FINAL ORDER UNDER THE HAND OF THE COURT ENTERED UPON RECORD; EXAMINATION OF PETITIONER AND WITNESSES BEFORE THE COURT
Suc. 334. (a) Every final hearing upon a petition for naturalization shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant, and, except as provided in subsection (b) of this section, the witnesses shall be examined under oath before the court and in the presence of the court. (64 Stat. 1156; 8 U. S. C. 784.)
WAIVING OF EXAMINATION OF PETITIONER AND WITNESSES IN COURT IN
CERTAIN CASES; DISCRETION OF THE COURT (b) The requirement of subsection (a) of this section for the examination of the petitioner and witnesses under oath before the court and in the presence of the court shall not apply in any case where a designated examiner has conducted the preliminary hearing authorized by subsection (a) of section 333; except that the court may, in its discretion, and shall, upon demand of the petitioner, require the examination of the petitioner and the witnesses under oath before the court and in the presence of the court. (54 Stat. 1156; 8 U.S. C. 734.)
NO FINAL AEARING WITHIN THIRTY DAYS OF FILING PETITION FOR NATURAL
IZATION, OR WITHIN SIXTY DAYS PRECEDING A GENERAL ELECTION (c) Except as otherwise specifically provided in this Act, no final hearings shall be held on any petition for naturalization nor shall any person be naturalized nor shall any certificate of naturalization be issued by any court within thirty days after the filing of the petition for naturalization, nor within sixty days preceding the holding of any general election within the territorial jurisdiction of the naturalization court (54 Stat. 1156-1157; 8 U.S. C. 734.) RIGHT OF UNITED STATES TO APPEAR IN NATURALIZATION PROCEEDINGS
AND INTRODUCE EVIDENCE, AND BE HEARD IN OPPOSITION (d) The United States shall have the right to appear before any court in any naturalization proceedings for the purpose of crossexamining the petitioner and the witnesses produced in support of the petition concerning any matter touching or in any way affecting the petitioner's right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings. (64 Stat. 1157; 8 U.S. C. 734.)
CHANGE OF PETITIONER'S NAME AS A PART OF HIS NATURALIZATION
(e) It shall be lawful at the time and as a part of the naturalization of any person, for the court, in its discretion, upon the prayer of the petitioner included in the petition for naturalization of such person, to make a decree changing the name of said person, and the certificate of naturalization shall be issued in accordance therewith. (54 Stat. 1157; 8 U.S. C. 734.)
OATH OF RENUNCIATION AND ALLEGIANCE SCOPE OF THE OATH; JUDICIAL DISCRETION IN CASES OF YOUNG CHILDREN
SEC. 335. (a) A person who has petitioned for naturalization shall, before being admitted to citizenship, take an oath in open court (1) to support the Constitution of the United States, (2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the petitioner was before a subject or citizen, (3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic, and (4) to bear true faith and allegiance to the same, provided that in the case of the naturalization of a child under the provisions of section 315 or 316 the naturalization court may waive the taking of such oath if in the opinion of the court the child is too young to understand its meaning. (54 Stat. 1157; 8 U.S. C. 735.)
FORM OF THE OATH
(b) The oath prescribed by subsection (a) of this section which the petitioner for naturalization is required to take, shall be in the following form:
I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely without any mental reservation or purpose of evasion: So help me God. In acknowledgement whereof I have hereunto affixed my signature. (54 Stat. 1157; 8 U.S. C. 735.)
RENUNCIATION OF HEREDITARY TITLE OR ORDER OF NOBILITY (c) In case the person petitioning for naturalization has borne any hereditary title, or has been of any of the orders of nobility in any foreign state, the petitioner shall, in addition to complying with the requirements of subsections (a) and (b) of this section, make under oath in open court, in the court to which the petition for naturalization is made, an express renunciation of such title or order of nobility, and such renunciation shall be recorded in the court as a part of such proceedings. (54 Stat. 1157; 8 U. S. C. 735.)
CERTIFICATE OF NATURALIZATION: CONTENTS Sec. 386. A person, admitted to citizenship by a naturalization court in conformity with the provisions of this Act, shall be entitled upon
such admission to receive from the clerk of such court a certificate of naturalization, which shall contain substantially the following information: number of petition for naturalization; number of certificate of naturalization; date of naturalization; name, signature, place of residence, autographed photograph, and personal description of the naturalized person, including age, sex, marital status, and country of former nationality; title, venue, and location of the naturalization court; statement that the court, having found that the petitioner intends to reside permanently in the United States, had complied in all respects with all of the applicable provisions of the naturalization laws of the United States, and was entitled to be admitted a citizen of the United States of America, thereupon ordered that the petitioner be admitted as a citizen of the United States of America; attestation of the clerk of the naturalization court; and seal of the court. (54 Stat. 1157-1158; 8 U. S. C. 736.)
FUNCTIONS AND DUTIES OF CLERKS OF COURTS ADMINISTRATION OF OATH TO DECLARANTS, AND DISPOSITION OF COPIES
OF DECLARATION SEC. 837. (a) It is hereby made the duty of the clerk of each and every naturalization court to administer the oath in the clerk's office to each applicant for a declaration of intention made before such clerk, and to retain the original of such declaration of intention for the permanent files of the court, to forward the duplicate thereof to the Commissioner within thirty days after the close of the month in which such declaration was filed, and to furnish the declarant with the triplicate thereof. (54 Stat. 1158; 8 U.S. C. 737.)
DISPOSITION OF PETITIONS FOR NATURALIZATION; CERTIFIED COPIES OF
OTHER PROCEEDINGS AND ORDERS (b) It shall be the duty of the clerk of each and every naturalization court to forward to the Commissioner a duplicate of each petition for naturalization within thirty days after the close of the