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and to issue certificates of citizenship: Provided, That the record of any proceedings hereunder together with a copy of the certificate of citizenship shall be forwarded to and filed by the clerk of a naturalization court in the district in which the petitioner is a resident and be made a part of the record of the court.

SEC. 703. The ninety days' notice required by subsection (b) of section 326 of this Act to be given by the clerk of the naturalization court to the Commissioner may be waived by the Commissioner in his discretion. In any petition in which such notice is waived the Commissioner shall cause the clerk of court to be notified to that effect.

SEC. 704. The provisions of this title shall not apply to (1) any person who during the present war is dishonorably discharged from the military or naval forces or is discharged therefrom on account of his alíenage, or (2) any conscientious objector who performed no military duty whatever or refused to wear the uniform: Provided, That citizenship granted pursuant to this title may be revoked as to any person subsequently dishonorably discharged from the military or naval forces in accordance with Section 338 of this Act; and such ground for revocation shall be in addition to any other provided by law.

SEC. 705. The Commissioner, with the approval of the Attorney General, shall prescribe and furnish such forms, and shall make such rules and regulations, as may be necessary to carry into effect the provisions of this Act. (56 Stat. 182-183; 8 U. S. C. 1001-1005.)

TO AMEND THE NATIONALITY ACT OF 1940

Act approved January 20, 1944

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 401 (g) of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1169; 8 U. Š. C., 801g), be, and the same is hereby amended to read as follows:

(g) Deserting the military or naval forces of the United States in time of war, provided he is convicted thereof by court martial and as the result of such conviction is dismissed or dishonorably discharged from the service of such military or naval forces: Provided, That notwithstanding loss of nationality or citizenship or civil or political rights under the terms of this or previous Acts by reason of desertion committed in time of war, restoration to active duty with such military or naval forces in time of war or the reenlistment or induction of such a person in time of war with permission of competent military or naval authority, prior or subsequent to the effective date of this Act, shall be deemed to have the immediate effect of restoring such nationality or citizenship and all civil and political rights heretofore or hereafter so lost and of removing all civil and political disabilities resulting therefrom; or

SEC. 2. Section 1420 Revised Statutes (21 Stat. 3, 34 U. S. C. 163) as amended, is hereby amended as follows: Strike out the period at the end of the section, and insert the following: except

that in time of war such deserters may be enlisted in the naval service, upon permission of competent naval authority thereunto authorized by the Secretary of the Navy.20

SEC. 3. Section 339 of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1160), is hereby amended to read as follows:

SEC. 339. A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of section 201 (c), (d), (e), and (g) of the Nationality Act of 1940 (54 Stat. 1138; U. S. C., title 8, sec. 601), may apply to the Commissioner for a certificate of citizenship. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen, and that the applicant's alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking 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 by the Commissioner or a deputy commissioner with a certificate of citizenship, but only if such individual is at the time within the United States.

Section 342 (a) (5) of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1161), is hereby amended to read as follows:

(5) For application for a certificate of citizenship under section 339, $5. (Public Law 221, 78th Congress; Chapter 2, 2d Session.)

Sec. 1420 of the Act of May 12, 1879, as amended (21 Stat. 3), prior to its amendment by the Act of Jan. 20, 1944, read as follows:

"Sec. 1420... That article nineteen of section sixteen hundred and twenty-four be amended so as to read as follows:

"Sec. 1624. Article 19. Any officer who knowingly enlists into the naval service any deserter from the naval or military service of the United States, or any insane or intoxicated person, or any minor between the ages of fifteen and eighteen years, without the consent of his parents or guardian, or any minor under the age of fifteen years, shall be punished as a court-martial may direct."

Statutes Relating to Nationality That Were in Effect

Before January 13, 19411

REVISED STATUTES OF THE UNITED STATES (1878)

WHO ARE CITIZENS OF THE UNITED STATES

[Act of April 9, 1866]

SEC. 1992. All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. (8 U. S. C. 1.)

CITIZENSHIP OF CHILDREN BORN ABROAD OF CITIZEN FATHERS

[Acts of April 14, 1802, and February 10, 1855, as amended by Act of May 24, 1934] • SEC. 1993. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Bureau of Naturalization. (Sec. 1, Act of May 24, 1934, 48 Stat. 797; 8 U. S. C. 6.)

CITIZENSHIP OF MARRIED WOMEN

[Act of February 10, 1855, as limited by Act of February 5, 1917] ►

SEC. 1994. Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. That the marriage to an American citizen of a female of the sexually immoral classes the exclusion or deportation of which is prescribed by this Act shall not vest such female with United States citizenship if the marriage of such alien female shall be solemnized after her arrest or after the commission of acts which make her liable to deportation under this Act. (Sec. 19, Act of February 5, 1917, 39 Stat. 889; 8 U. S. C. 155.)

1 See sec. 504, Nationality Act of 1940 (54 Stat. 1172-1174), p. 410, for repealing provisions.

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), p. 410. Before its amendment, sec. 1993 read as follows:

"Sec. 1993. All children heretofore born or hereafter born out of the limits and Jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States."

For Act of May 24, 1934, see p. 552.

Repealed by sec. 6, Act of September 22, 1922 (42 Stat. 1022), p. 526.

PERSONS BORN IN OREGON

[Act of May 18, 1872]

SEC. 1995. All persons born in the district of country formerly known as the Territory of Oregon, and subject to the jurisdiction of the United States on the 18th May, 1872, are citizens in the same manner as if born elsewhere in the United States. (8 U. S. C. 2.)

RIGHTS AS CITIZENS FORFEITED FOR DESERTION

[Act of March 3, 1865]

SEO. 1996. All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. (8 U. S. C. 12.)

AVOIDING THE DRAFT

[Act of March 3, 1865, as amended by Act of August 22, 1912]▪

SEC. 1998. That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: And provided further, That the loss of rights of citizenship heretofore imposed by law upon deserters from the military or naval service may be mitigated or remitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interests: And provided further, That the provisions of section eleven hundred and eighteen of the Revised Statutes of the United States that no deserter from the military service of the United States shall be enlisted or mustered into the military service, and the provisions of section two of the Act of Congress approved August first, eighteen hundred and ninety-four, entitled "An Act to regulate enlistments in the Army of the United States," shall not be construed to preclude the reenlistment or muster into the Army of any person who has deserted, or

See sec 1, Act of August 22, 1912, at page 506.
Before its amendment, sec. 1998 read as follows:

"SEC. 1998. Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six." For Act of August 22, 1912, see p. 506.

For proclamation granting amnesty and restoring citizenship to certain deserters of the armed forces of the United States, see p. 601. See also sec. 401 (g), Act of Oct. 14, 1940, as amended by the Act. of Jan. 20, 1944, for restoration of citizenship to certain deserters, p. 404.

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