MAKING REGISTRY OF ALIENS IN CERTAIN CASES WHERE THERE IS NO RECORD OF ADMISSION FOR PERMANENT RESIDENCE 20

That (a) the registry of aliens at ports of entry required by section 1 of the Act of June 29, 1906 (Thirty-fourth Statutes at Large, part 1, page 596), as amended, may be made as to any alien not ineligible to citizenship in whose case there is no record of admission for permanent residence, if such alien shall make a satisfactory showing to the Commissioner of Immigration and Naturalization, in accordance with regulations prescribed by the Commissioner of Immigration and Naturalization, with the approval of the Attorney General,25 that he

(1) Entered the United States prior to July 1, 1924;27 (2) Has resided in the United States continuously since such entry;

3823

(3) Is a person of good moral character; and

(4) Is not subject to deportation. (45 Stat. 1512-1513; 8 U. S. C. 106a.) 28

FEE FOR RECORD OF REGISTRY

(b) For each such record of registry made as herein authorized the alien shall pay to the Commissioner of Immigration and Naturalization a fee of $10.29 All fees collected under this section shall be deposited in the Treasury as miscellaneous receipts. (45 Stat. 1513; 8 U. S. C. 106a.)

PENALTIES FOR VIOLATIONS IN REGISTRY PROCEEDINGS

(c) The provisions of section 76 of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909, shall apply in respect to the record of

30

For footnote 25 see page 462.

As supplemented by secs. 1, 2, 3, and 5, Act of March 2, 1929 (45 Stat. 1512-1513; 8 U. S. C. 106a, 106b, 106c), effective July 1, 1929, as amended by the Act of June 8, 1934 (48 Stat. 926, 927; 8 U. S. C. 106a), and the Act of August 7, 1939 (53 Stat. 1243; 8 U. S. C. 106a), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941. See secs. 328, 329, and 842 (b) (1), Nationality Act of 1940, at pages 377 and 391.

The date was originally June 8, 1921, being changed to July 1, 1924, by the Act of August 7, 1939 (53 Stat. 1243; 8 U. S. C. 106a), which read as follows:

That sec. 1 (a) (1) of the Act of March 2, 1929. entitled 'An Act to supplement the naturalization laws, and for other purposes' (45 Stat., ch. 536, p. 1512), which now reads (1) Entered the United States prior to June 3, 1921,' is hereby amended, effective as of the date this Act is enacted, so as to read as follows: (1) Entered the United States prior to July 1, 1924.'"

23 Subdivision (a) of sec. 1. Act of March 2, 1929 (45 Stat. 1512; 8 U. S. C. 106a), was amended by the following temporary provisions contained in the Act of June 8, 1934 (48 Stat. 926-927; 8 U. S. C. 106a):

"Upo n application filed with the Commissioner General of Immigration within one year after the approval of this Act such registry may also be made as to any allen not ineligible to citizenship who entered the United States prior to July 1, 1933, in whose case there is no record of admission for permanent residence and (a) who prior to that date could not be deported to any country to which it was lawful to deport him, and (b) who was in the United States as a bona fide political or religious refugee, if such alien shall make a satisfactory showing to the Commissioner General of Immigration, in accordance with regulations prescribed by the Commissioner General of Immigration, with the approval of the Secretary of Labor, that he

"(1) Has not been out of the United States since entry; "(2) Is a person of good moral character;

(3) Is not subject to deportation under any law other than the Immigration Act of 1924; and

"(4) Did not, before July 1, 1933, withhold from the immigration authorities of the United States necessary information concerning his personal history sought in connection with their application to the authorities of any foreign country for permission to deport him thereto."

Fee, originally $20, was reduced to $10 by sec. 6, Act of April 19, 1934 (48 Stat. 598; 8 U. S. C. 106a). It was subsequently increased to $18 effective January 13, 1941. by sec. 842 (b) (1), Nationality Act of 1940 (54 Stat. 1161; 8 U. S. C. 742 (b)), which see at p. 391.

80 For the provisions of sec. 76, Act of March 4, 1909, which was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), see p. 502.

registry authorized by this section in the same manner and to the same extent, including penalties, as they apply in respect of the oaths, notices, affidavits, certificates, orders, records, signatures and other instruments, papers or proceedings specified in such section 76.1 (45 Stat. 1513; 8 U. S. C. 106a.)

ALIENS IN RESPECT OF WHOM AUTHORIZED RECORD OF REGISTRY HAS BEEN MADE, DEEMED LAWFULLY ADMITTED TO UNITED STATES FOR PERMANENT RESIDENCE AS OF DATE OF ENTRY"

For the purposes of the immigration laws and the naturalization laws an alien, in respect of whom a record of registry has been made as authorized by section 1 of this Act (of March 2, 1929), shall be deemed to have been lawfully admitted to the United States for permanent residence as of the date of his entry. (45 Stat. 1513; 8 U. S. C. 106c.)

CERTIFICATE OF ARRIVAL MAY BE ISSUED UPON APPLICATION TO COMMISSIONER OF IMMIGRATION AND NATURALIZATION AND PAYMENT OF FEE"

Upon the making of a record of registry as authorized by section 1 of this Act, the certificate of arrival required by the fourth paragraph of the second subdivision of section 4 of such Act of June 29, 1906, as amended, may be issued upon application to the Commissioner of Immigration and Naturalization, in accordance with regulations prescribed by the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, and upon payment of the fee prescribed by section 5 of this Act (of March 2, 1929). (45 Stat. 1513; 8 U. S. C. 106b.)

FEE FOR CERTIFICATE OF ARRIVAL TO BE PAID TO THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION

For every certificate of arrival issued for naturalization purposes a fee of $2.50 shall be paid to the Commissioner of Immigration and Naturalization, which fee shall be paid over to and deposited in the Treasury in the same manner as other naturalization fees. (48 Stat. 597; 8 U. S. C. 380a.) 4

84

PROVISIONS FOR CARRYING ACT OF JUNE 29, 1906, INTO EFFECT

SEC. 2. (This section is omitted, as it authorized the Secretary of Commerce and Labor to provide the necessary offices in the city of Washington and take the necessary steps for the proper discharge of the duties imposed by the Act of June 29, 1906; 34 Stat. 596.)

1 Effective July 1, 1929.

Sec. 8, Act of March 2, 1929, effective July 1, 1929, p. 532, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), p. 410.

Sec. 2, Act of Mach 2, 1929, effective July 1, 1929, p. 532, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904),

D. 410.

Sec. 3, Act of April 19, 1934, amending sec. 5 of Act of March 2, 1929 (45 Stat. 1513), which latter section read as follows: "For any certificate of arrival issued for naturalization purposes a fee of $5 shall be paid to the Commissioner of Naturalization, which fee shall be paid over to and deposited in the Treasury in the same manner as other naturalization fees." Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172).

JURISDICTION OF NATURALIZATION COURTS"

SEO. 3. That exclusive jurisdiction to naturalize aliens as citizens of the United States is hereby conferred upon the following specified courts:

89

United States District Courts now existing, or which may hereafter be established by Congress in any State, United States District Courts for the Territories " of Hawaii and Alaska, District Courts of the United States for the District of Columbia 88 and Puerto Rico and the District Court of the Virgin Islands of the United States;40 also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited."

That the naturalization jurisdiction of all courts herein specified, State, Territorial, and Federal, shall extend only to aliens resident within the respective judicial districts of such courts.

NATURALIZATION FORMS TO BE FURNISHED BY THE SERVICE

The courts herein specified shall, upon the requisition of the clerks of such courts, be furnished from time to time by the Immigration and Naturalization Service with such blank forms as may be required in the naturalization of aliens, and all certificates of naturalization shall be consecutively numbered and printed on safety paper furnished by said Service. (34 Stat. 596; 8 U. S. C. 408.)

LIMITATION ON MANNER OF NATURALIZATION 43

SEC. 4. That an alien may be admitted to become a citizen of the United States in the following manner and not otherwise; (34 Stat. 596.)

35 Sec. 3 was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), but substantially re-enacted in sec. 301 there of, at p. 358.

26 United States circuit courts, which were originally given naturalization jurisdiction by the Act of June 29, 1906 (34 Stat. 596), were abolished from and after January 1, 1912, by the Act of Congress approved March 3, 1911 (36 Stat. 1167).

37 The United States District Courts for the Territories of Arizona, New Mexico, and Oklahoma were abolished by Acts of Congress conferring statehood upon those Terrltories.

38 Name of the "Supreme Court for the District of Columbia," included in the 1906 Naturalization Act was changed to "District Court of the United States for the District of Columbia," by the Act of June 25, 1936 (49 Stat. 1921).

Naturalization jurisdiction was conferred upon the District Court of the United States for Puerto Rico by sec. 41, Act of March 2, 1917, which read as follows: "SEC. 41. That Puerto Rico shall constitute a judicial district to be called 'the district of Puerto Rico.' The district court for said district shall be called 'the District Court of the United States for Puerto Rico,' and said district court shall have jurisdiction for the naturalization of aliens and Puerto Ricans, and for this purpose residence in Puerto Rico shall be counted in the same manner as residence elsewhere in the United States (39 Stat. 965; 8 U. S. C. 358, 48 U. S. C. 863.) 40 Naturalization jurisdiction was conferred upon the District Court of the Virgin Islands of the United States by sec. 4, Act of February 25, 1927, which read as follows: "SEC. 4. The District Court of the Virgin Islands of the United States shall have jurisdiction for naturalization purposes (including jurisdiction for the purpose of setting aside and canceling certificates of citizenship under section 15 of the act entitled 'An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States,' approved June 29, 1906, as amended); and for the purpose of the naturalization laws residence in the Virgin Islands of the United States shall be considered as residence in the United States." (44 Stat. 1235; 8 U. S. C. 358a.)

This paragraph of sec. 3, Act of June 29, 1906 (34 Stat. 596), originally read as follows: United States circuit and district courts now existing, or which may hereafter be established by Congress in any State, United States district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the supreme court of the District of Columbia, and the United States courts for the Indian Territory; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited."

Sec. 4 was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), but see sec. 331 thereof, at p. 378, for present requirements.

DECLARATION OF INTENTION—ALLEGATIONS

First. He shall declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States and to reside permanently therein, and that he will, before being admitted to citizenship renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty. Such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien. No declaration of intention or petition for naturalization shall be made outside of the office of the clerk of court. (53 Stat. 843; 8 U. S. C. 373.) 43

NO DECLARATION OF INTENTION TO BE MADE UNTIL LAWFUL ENTRY FOR PERMANENT RESIDENCE IS ESTABLISHED AND CERTIFICATE OF ARRIVAL ISSUED

[No declaration of intention shall be made by any alien under such Act of June 29, 1906, as amended, or, if made, be valid, until the lawful entry for permanent residence of such alien shall have been established, and a certificate showing the date, place, and manner of his arrival shall have been issued." (45 Stat. 1513.)]

Sec. 1, Act of June 20, 1939. This subdivision originally read as follows in the Act of June 29, 1906 (34 Stat. 596): "First. He shall declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. And such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said allen: Provided, however, That no alien who, in conformity with the law in force at the date of his declaration has declared his intention to become a citizen of the United States shall be required to renew such declaration." The subdivision was subsequently amended by sec. 1, Act of March 4, 1929 (45 Stat. 1545-1546), to read as follows: "First. He shall declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States and to reside permanently therein, and that he will, before being admitted to citizenship, renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or soveregnity, and particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time of admission a citizen or subject. Such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien. No declaration of intention or petition for naturalization shall be made outside of the office of the clerk of court." Sec. 2 of this Act provides as follows: "Section 1 of this Act [of March 4, 1929] shall take effect sixty days after its enactment. A declaration of intention made before the expiration of such sixty-day period, whether before or after the enactment of this Act, in which appears an erroneous statement of allegiance, shall not be held invalid for such cause if the error was due to a change of political boundaries, or the creation of new countries, or the transfer of territory from one country to another. Nothing in this section shall permit the reinstatement of a petition for naturalization dismissed for such cause, but in such a case the benefits of this section may be obtained by filing a new petition before the expiration of the period of validity of the declaration of intention."

Sec. 4. Aet of March 2, 1929. effective July 1. 1929; amended by Act of May 25, 1932 (47 Stat. 166), see p. 545, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904). While sec. 4 of the Act of March 2, 1929, did not specifically state that it amended the first subdivision of sec. 4 of the Act of June 29, 1906, its effect was to amend such subdivision.

PETITION FOR CITIZENSHIP-TIME LIMITATION-ALLEGATIONS-VERIFICATION

after

Second. Not less than two years nor more than seven years he has made such declaration of intention he shall make and file, in duplicate, a petition in writing, signed by the applicant in his own handwriting and duly verified, in which petition such applicant shall state his full name, his place of residence (by street and number, if possible), his occupation, and, if possible, the date and place of his birth; the place from which he emigrated, and the date and place of his arrival in the United States, and, if he entered through a port, the name of the vessel on which he arrived; the time when and the place and name of the court where he declared his intention to become a citizen of the United States; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing his petition; and if he has children, the name, date, and place of birth and place of residence of each child living at the time of the filing of his petition: Provided, That if he has filed his declaration before the passage of this Act [of June 29, 1906] he shall not be required to sign the petition in his own handwriting. (34 Stat. 597; 8 U. S. C. 379.)

The petition shall set forth that he is not a disbeliever in or opposed to organized government or a member of or affiliated with any organization or body [of] 5 persons teaching disbelief in or opposed to organized government, a polygamist or believer in the practice of polygamy, and that it is his intention to become a citizen of the United States and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and that it is his intention to reside permanently within the United States, whether or not he has been denied admission as a citizen of the United States, and if denied, the ground or grounds of such denial, the court or courts in which such decision was rendered, and that the cause for such denial has been since cured or removed and every fact material to his naturalization and required to be proved upon the final hearing of his application. (53 Stat. 843-844; 8 U. S. C. 379.) 48

46

As to each period of residence at any place in the county" where the petitioner resides at the time of filing his 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

Original reads "or."

Sec. 2, Act of June 20, 1939, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904), effective January 13, 1941, but see sec. 332 (a) allegations (15) to (19) inclusive thereof, at p. 381, for present requirements. This paragraph originally read as follows in the Act of June 29, 1906 (34 Stat. 597):

"The petition shall set forth that he is not a disbeliever in or opposed to organized government, or a member of or affiliated with any organization or body of persons teaching disbelief in or opposed to organized government, a polygamist or believer in the practice of polygamy, and that it is his Intention to become a citizen of the United States and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state, or sovereignty, of which he at the time of filing of his petition may be a citizen or subject, and that it is his intention to reside permanently within the United States, and whether or not he has been denied admission as a citizen of the United States, and, if denied, the ground or grounds of such denial, the court or courts in which such decision was rendered, and that the cause for such denial has since been cured or removed, and every fact material to his naturalization and required to be proved upon the final hearing of his application."

47 For definition of "county" as used in Act of June 29, 1906 (34 Stat. 596), see sec. 35 of said Act, p. 499.