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to any person hereafter deserting the military or naval services of the United States in time of peace :
So much of section 1, Act of October 6, 1917, chapter 79 (40 Stat. 376; U.S.C., title 39, sec. 324), as reads as follows: "Provided further, That all mail matter, of whatever class, relating to naturalization, including duplicate papers required by law or regulation to be sent to the Bureau of Naturalization by clerks of State or Federal courts, addressed to the Department of Justice, or the Bureau of Naturalization, or to any official thereof, and indorsed 'Official Business', shall be transmitted free of postage, and by registered mail if necessary, and so marked: Provided further, That if any person shall make use of such indorsement to avoid payment of postage or registry fee on his or her private letter, package, or other matter in the mail, the person so offending shall be guilty of a misdemeanor and subject to a fine of $300, to be prosecuted in any court of competent jurisdiction.";
Section 1, last proviso of section 2, and second paragraph of section 3, Act of May 9, 1918 (40 Stat. 542-546, 547, 548), as amended by section 6 (c), (d), Act of March 2, 1929' (45 Stat. 1514); Act of June 21, 1930 (46 Stat. 791); and sections 2 (a), 3, and 10, Act of May 25, 1932 (47 Stat. 165-166; U.S.C., title 8, secs. 18, 354, 377, 378, 384, 387, 388, 389, 391, 392, 393, 394, 395, 403, and 405);
Proviso to second paragraph of section 4, chapter XII, Act of July 9, 1918, chapter 143 (40 Stat. 885; U. S. C., title 8, sec. 366);
Second proviso to section 1, Act of August 31, 1918, chapter 166 (40 Stat. 955);
Act of November 6, 1919, chapter 95 (41 Stat. 350; U. S. C., title 8, sec. 3);
Sections 1, 2, 3, and 4, Act of September 22, 1922 (42 Stat. 10211022); as amended by sections 1 and 2, Act of July 3, 1930 (46 Stat. 854); section 4, Act of March 3, 1931 (46 Stat. 1511-1512); and section 4, Act of May 24, 1934 (48 Stat. 797; U. S. C., title 8, secs. 367, 368, 368a, 369, and 369a);
Act of June 8, 1926 (44 Stat. 709; U.S. C., title 8, sec. 399a);
Section 4, Act of February 25, 1927 (44 Stat. 1235; U. S. C., title 8, sec. 358a);
Act of March 2, 1929, chapter 536 (45 Stat. 1512-1516) (except sec. 6 (e), and sec. 7 (b)); as amended or added to by sections 4, 5, and 6, Act of May 25, 1932 (47 Stat. 165–166); and sections 1, 2, 3, 4, and 6, Act of April 19, 1934 (48 Stat. 597-598; U. S. C., títlé 8, secs. 106a, 106b, 106c, 356, 377b, 377c, 379, 380a, 380b, 382, 388, 399b (a), 399b (b), 399b (c), 399b (d), 399c (a), 399C (b), 399c(c), 399d, 399e, and 402);
Section 1, of Act of March 4, 1929 (45 Stat. 1545; U. S.C., title 8, sec. 373);
Act of June 21, 1930 (46 Stat. 791; U. S. C., title 8, sec. 18);
Section 2, Act of July 3, 1930 (46 Stat. 854; U. S. C., title 8, sec. 369);
Act of February 11, 1931 (46 Stat. 1087; U. S. C., title 8, sec. 366a);
** See sec. 401 (8), as amended by the Act of Jan. 20, 1944, p. 404, for further modifying provisions. See sec. 2, Act of Jan, 20, 1944, p. 414, for authority for reenlistment of deserters in time of war.
Act of March 3, 1931 (46 Stat. 1511-1512) (except section 4 (b), thereof) (U. S. C., title 8, secs. 9, 372a, 396, and 397);
Sections 2, 3, 4, 6, 8, 9, and 10, Act of May 25, 1932 (47 Stat. 165– 166); as amended by section 2, Act of April 19, 1934 48 Stat. 597; U. S. C., title 8, secs. 356 (a), 377, 377b, 384, 388, 399b (b), and 399b (c));
Act of April 19, 1934 (48 Stat. 597-598; U. S. C., title 8, secs. 106a (b), 380a, 399b (a), 399b (b), 399b (c), 399c (a), 399f, and 402);
Sections 1, 2, 3, and 4, Act of May 24, 1934 (48 Stat. 797; U.S.C., title 8, secs. 6, 8, 17a, and 368); and
Second proviso to Act of June 27, 1934 (48 Stat. 1245, ch. 845; U.S. C., title 48, sec. 733b);
Act of June 24, 1935, chapter 288 (49 Stat. 395);
And any other Acts or parts of Acts in conflict with the provisions of this Act, except for the purposes of section 346 of this Act.
The repeal herein provided shall not terminate nationality heretofore lawfully acquired, nor restore nationality heretofore lost under any law of the United States or any treaty to which the United States may have been a party. (54 Stat. 1172–1174; 8 U.S. C. 904.)
JUDICIAL DECLARATION OF INVALIDITY OF PART OF NATIONALITY ACT OF
1940 NOT TO INVALIDATE REMAINDER Sec. 505. If any provision of this Act shall for any reason be declared by any court of competent jurisdiction to be invalid, such declaration shall not invalidate the remainder of this Act. (54 Stat. 1174; 8 U. S. C. 905.)
EFFECTIVE DATE OF NATIONALITY ACT OF 1940—JANUARY 13, 1941 SEC. 601. This Act shall take effect from and after ninety days from the date of its approval.
Approved, October 14, 1940. (54 Stat. 1174; 8 U. S. C. 1001.)
TITLE III NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF THE
UNITED STATES DURING THE PRESENT WAR Sec. 701. Notwithstanding the provisions of sections 303 and 326 of this Act, any person not a citizen, regardless of age, who has served or hereafter serves honorably in the military or naval forces of the United States during the present war and who, having been lawfully admitted to the United States, including its Territories
» Title III added by the Act of March 27, 1942.
and possessions, shall have been at the time of his enlistment or induction a resident thereof, may be naturalized upon compliance with all the requirements of the naturalization laws except that (1) no declaration of intention and no period of residence within the United States or any State shall be required; (2) the petition for naturalization may be filed in any court having naturalization jurisdiction regardless of the residence of the petitioner; (3) the petitioner shall not be required to speak the English language, sign his petition in his own handwriting, or meet any educational test; and (4) no fee shall be charged or collected for making, filing, or docketing the petition for naturalization, or for the final hearing thereon, or for the certification of naturalization, if issued: Provided, however, That (1) there shall be included in the petition the affidavits of at least two credible witnesses, citizens of the United States, stating that each such witness personally knows the petitioner to be 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, (2) the service of the petitioner in the military or naval forces of the United States shall be proved by affidavits, forming part of the petition, of at least two citizens of the United States, members or former members during the present war of the military or naval forces of the noncommissioned or warrant officer grade or higher (who may be the witnesses described in clause (1) of this proviso), or by a duly authenticated copy of the record of the executive department having custody of the record of petitioner's service, showing that the petitioner is or was during the present war a member serving honorably in such armed forces, and (3) the petition shall be filed not later than one year after the termination of the effective period of those titles of the Second War Powers Act, 1942, for which the effective period is specified in the last title thereof. The petitioner may be naturalized immediately if prior to the filing of the petition the petitioner and the witnesses required by the foregoing proviso shall have appeared before and been examined by a representative of the Immigration and Naturalization Service.
Sec. 702. During the present war, any person entitled to naturalization under section 701 of this Act, who while serving honorably in the military or naval forces of the United States is not within the jurisdiction of any court authorized to naturalize aliens, may be naturalized in accordance with all the applicable provisions of section 701 without appearing before a naturalization court. The petition for naturalization of any petitioner under this section shall be made and sworn to before, and filed with, a representative of the Immigration and Naturalization Service designated by the Commissioner or a Deputy Commissioner, which designated representative is hereby authorized to receivé such petition in behalf of the Service, to conduct hearings thereon, to take testimony concerning any matter touching or in any way affecting the admissibility of any such petitioner for naturalization, to call witnesses, to administer oaths, including the oath of the petitioner and his witnesses to the petition for naturalization and the oath of renunciation and allegiance prescribed by section 335 of this Act, and to grant naturalization, 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 alienage, 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.
Seo. 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; Ú. 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 Afteen and eighteen years, without the consent of his parents or guardian, or any minor under the age of Afteen years, shall be punished as a court-martial may direct."