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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.) **

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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."

4 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

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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.

personally known the petitioner to have been a resident at such place for such period, and that the petitioner is and during all such period has been a person of good moral character. (45 Stat. 1513; 8 U. S. C. 379.) 48

CERTIFICATE OF ARRIVAL AND DECLARATION OF INTENTION TO BE FILED WITH CLERK OF COURT AT TIME PETITION IS FILED

At the time of filing his petition there shall be filed with the clerk of the court a certificate from the Department of Justice, if the petitioner arrives in the United States after the passage of this Act, stating the date, place, and manner of his 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. (34 Stat. 597; 8 U. S. C. 380.)

OATH OF RENUNCIATION AND ALLEGIANCE

Third, He shall, before he is admitted to citizenship, declare on oath, in open court, that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of which he was before a citizen or subject; and he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same. (53 Stat. 844; 8 U. S. C. 381.)

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REQUIREMENTS AND PROOF AS TO RESIDENCE, CHARACTER, AND
ATTACHMENT TO CONSTITUTION

Fourth. No alien shall be admitted to citizenship unless (1) immediately preceding the date of his petition the alien has resided continuously within the United States for at least five years and within the county where the petitioner resided at the time of filing his petition for at least six months, (2) he has resided continously within the United States from the date of his petition up to the time of his admission to citizenship, and (3) during all the

For footnote 47 see page 467.

48 Sec. 6 (a), Act of March 2, 1929, repealed effective January 18, 1941, by sec. 504. Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904). This paragraph originally read as follows in the Act of June 29, 1906 (34 Stat. 597); "The petition shall also be verified by the affidavits of at least two credible witnesses who are citizens of the United States, and who shall state in their affidavits that they have personally known the applicant to be a resident of the United States for a period of at least five years continuously, and of the State, Territory or district in which the application is made for a period of at least one year immediately preceding the date of the filing of his petition, and that they each have personal knowledge that the petitioner is a person of good moral character, and that he is in every way qualified in their opinion, to be admitted as a citizen of the United States." Sec. 3 Act of May 9, 1918 (40 Stat. 548), p. 519, amended the word "district" appearing in this paragraph in its unamended form to read "the District of Columbia."

Prior to June 14, 1940, the words "Department of Justice" read "Department of Labor," see footnote 25, p. 462.

Bo Sec. 3, Act of June 20, 1939, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904) effective January 13, 1941, but see sec. 332 (a) allegations (17), (18), and (19) thereof, p. 381, for requirements in that Act on same subject. This subdivision originally read as follows in the Act of June 29, 1906 (34 Stat. 597598).

"Third. He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures 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 was before a citizen or a subject; that he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same."

periods referred to in this subdivision he has behaved as 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. At the hearing of the petition, residence in the county" where the petitioner resides at the time of filing his petition, and the other qualifications required by this subdivision during such residence, shall be proved by the oral testimony of at least two credible witnesses, citizens of the United States, in addition to the affidavits required by this Act to be included in the petition. If the petitioner has resided in two or more places in such county" and for this reason two witnesses cannot be procured to testify as to all such residence, it may be proved by the oral testimony of two such witnesses for each such place of residence, in addition to the affidavits required by this Act to be included in the petition. At the hearing, residence within the United States but outside the county," and the other qualifications required by this subdivision during such residence shall be proved either by depositions made before a naturalization examiner " or by the oral testimony of at least two such witnesses for each place of residence. (45 Stat. 1513-1514; 8 U. S. C. 382.) 2

EFFECT OF ABSENCE FROM UNITED STATES

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Absence from the United States for a continuous period of more than six months and less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the petition for naturalization, or during the period between the date of filing the petition, and the date of final hearing, shall be presumed to break the continuity of such residence, but such presumption may be overcome by the presentation to the naturalization court of satisfactory evidence that such individual had a reasonable cause for not returning to the United States during such absence. Absence from the United States for a continuous period of one year or more

For footnote 47 see page 467.

1 Provision was originally made in sec. 10, Act of June 29, 1906, for proof of residence in the United States during the period preceding the required State residence period by depositions of two or more citizen witnesses. This section, repealed by sec. 6e, Act of March 2, 1929 (45 Stat. 1514), originally read as follows:

"SEC. 10. That in case the petitioner has not resided in the State, Territory, or district for a period of five years continuously and immediately preceding the filing of his petition he may establish by two witnesses, both in his petition and at the hearing, the time of his residence within the State, provided that it has been for more than one year, and the remaining portion of his five years' residence within the United States required by law to be established may be proved by the depositions of two or more witnesses who are citizens of he United Sates, upon notice to the Bureau of Immigration and Naturalization and the United States attorney for the district in which said witnesses may reside." (34 Stat. 599.) Sec. 1. Act of May 9, 1918 (40 Stat. 544), repealed the requirement of this section of notice to the United States attorneys to take depositions.

3 Sec. 6 (b), Act of March 2, 1929, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), but see secs. 307, 308 and 309 thereof, at pp. 361-364, for provisions under that Act on the same subject. The fourth subdivision to sec. 4, Act of June 29, 1906, prior to its amendment, read as follows (34 Stat. 598):

"It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the State or Territory where such court is at the time held one year at least, and that during that time he has behaved as a man 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 same. In addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record."

during the period for which continuous residence is required for admission to citizenship immediately preceding the date of filing the petition for naturalization or during the period between the date of filing the petition and the date of final hearing, shall break the continuity of such residence except, that in the case of an alien(a) who has been lawfully admitted into the United States for permanent residence,

(b) who has resided in the United States for at least one year thereafter, and

(c) who has made a declaration of intention to become a citizen of the United States, who shall be deemed an eligible alien for the purposes of this paragraph and who thereafter has been sent abroad as an employee of or under contract with the Government of the United States, or who thereafter proceeded abroad as an employee or representative of, or under contract with an American institution of research recognized as such by the Attorney General, or as an employee of a firm or corporation engaged in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or any such eligible alien as above defined who has proceeded abroad temporarily and has within a period of one year of his departure from the United States become an employee or representative of, or who is under contract with such an American institution of research, or has become an employee of such an American firm or corporation, no such absence shall break the continuity of residence in the United States if—

"(1) Prior to the beginning of such absence, or prior to the beginning of such employment, contract, or representation on behalf of an American institution of research or an American firm or corporation as aforesaid, such alien has established to the satisfaction of the Attorney General 5 that his absence for such period is to be on behalf of such government or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged solely or principally in the development of such foreign trade and commerce, or whose residence abroad is necessary to the protection of the property rights abroad of such firm or corporation; and

"(2) Such alien proves to the satisfaction of the court that his absence from the United States for such period has been for such purpose.

"An alien who has been lawfully admitted into the United States for permanent residence, and who is the wife or husband of a citizen of the United States so engaged abroad within one of the above-mentioned categories, shall be considered as residing in the United States for the purpose of naturalization notwithstanding any absence from the United States.

"This amendment shall not affect cases of aliens who prior to the date of its enactment have established to the satisfaction of the Attorney General,53 pursuant to an Act entitled 'An Act to amend the naturalization laws in respect of residence requirements, and for other purposes', approved June 25, 1936, that absence from the

5 Prior to June 14, 1940, the words "Attorney General" read "Secretary of Labor," see footnote 25, p. 462.

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