Lapas attēli
PDF
ePub

may file the petition for naturalization prescribed by law without making the preliminary declaration of intention required of other aliens, and upon satisfactory proof to the court that he has so acted may be admitted as a citizen of the United States upon complying in all respects with the other requirements of the naturalization law. (47 Stat. 167; 8 U. S. C. 377.) 78

ALIEN ENEMIES MAY BE NATURALIZED-SPECIFIED CONDITIONS AND

PROCEDURE

Eleventh." No alien who is a native, citizen, subject, or denizen of any country, State, or sovereignty with which the United States is at war shall be admitted to become a citizen of the United States unless he made his declaration of intention not less than two nor more than seven years prior to the existence of the state of war, or was at that time entitled to become a citizen of the United States, without making a declaration of intention, or unless his petition for naturalization shall then be pending and is otherwise entitled to admission, notwithstanding he shall

be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject: Provided, That no alien embraced within this subdivision shall have his petition for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Commissioner or Deputy Commissioner of Immigration and Naturalization 80 to be present, and the petition shall be given no final hearing except in open court and after such notice to the representative of the Government from the Immigration and Naturalization Service, 51 whose objection shall cause the petition to be continued from time to time for so long as the Government may require: Provided, however, 62 That nothing herein contained shall be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien; and section twenty-one hundred and seventy-one of the Revised Statutes of the United States is hereby repealed: Provided further, That the President of the United States may, in his discretion, upon investigation and report by the Department of Justice fully establishing the loyalty of any alien enemy not included in the foregoing exemption, except such alien enemy from the classification of alien enemy, and thereupon he shall have the privilege of applying for naturalization;

18 Sec. 10, Act of May 25, 1932, p. 546. The Act of June 29, 1906 (34 ştat. 596), originally contained no provision for the naturalization of persons who, because

of misinformation regarding their citizenship status, bad erroneously exercised the rights and performed the duties of citizens of the United States, but paragraph 2 of sec. 4, Act of June 29, 1906, was amended by sec. 3, Act of June 25, 1910 (36 Stat. 830-831) by adding after the proviso in said paragraph the following:

"Provided further, That any person belonging to the class of persons authorized and qualified under existing law to become a citizen of the United States who has resided constantly in the United States during a period of five years next preceding May first. nineteen hundred and ten, who, because of misinformation in regard to his citizenship or the requirements of the law governing the naturalization of citizens has labored and acted under the impression that he was or could become a citizen of the United States and has in good faith exercised the rights or duties of a citizen or intended citizen of the United States because of such wrongful information and belief, upon making a showing of such facts satisfactory to a court having jurisdiction to issue papers of naturalization to an allen, and the court in its judgment believes that such person has been for a period of more than five years entitled upon proper proceedings to be naturalized as a citizen of the United States, receive from the said court a final certificate of naturalization, and said court may Issue such certificate without requiring proof of former declaration by or on the part of such person of their intention to become a citizen of the United States, but such applicant' for naturalization shall comply in all other respects with the law relative to the issuance of final papers of naturalization to aliens."

Sec. 2, Act of May 9, 1918 (40 Stat. 546–547), repealed sec. 3, Act of June 25, 1910. However, sec. 1 of said Act of May 9, 1918 (40 Stat. 545) amended sec. 4, Act of June 29, 1906, to provide as follows:

"Tenth. That any person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July first, nineteen hundred and fourteen, and was on that date otherwise qualified to become a citizen of the United States, except that he had not made the declaration of intention required by law and who during or prior to that time, because of misinformation

regarding his citl. zenship status erroneously exercised the rights and performed the duties of a citizen of the United States in good faits, may file the petition for naturalization prescribed by law without making the preliminary declaration of intention required of other aliens, and upon satisfactory proof to the court that he has so acted may be admitted as a citizen of the United States upon complying in all respects with the other requirements of the naturalization law."

It will be noted that this subdivision was a substantial re-enactment of the second proviso of the second paragraph of sec. 4. Act of June 29, 1906, except that the original Act fixed, as the date prior to which there must bave been Ave years' residence, May 1, 1910. Sec. 10, Act of May 25, 1932 (47 Stat. 166-167), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173) changed the word "fourteen' in line 3 of this subdivision to read "20." See sec. 320. Nationality Act of 1940 at p. 370 for similar provisions.

** This subdivision was added to sec. 4, Act of June 29, 1906, by sec. 1, Act of May 9, 1918 (40 Stat. 645), p. 616.

* See footnote 69, p. 476.

(40 Stat. 545; 8 U.S. C. 378. 83

REPATRIATION OF FORMER UNITED STATES CITIZENS WHO SERVED IN

ALLIED ARMED FORCES

Twelfth. That any person who, while a citizen of the United States and during the existing war in Europe, entered the military or naval service of any country at war with a country with which the United States is now at war, who shall be deemed to have lost his citizenship by reason of any oath or obligation taken by him for the purpose of entering such service, may resume his citizenship by taking the oath of allegiance to the United States prescribed by the naturalization law and regulations, and such oath may be taken before any court of the United States or of any State authorized by law to naturalize aliens or before any consul of the United States, and certified copies thereof shall be sent by such court or consul to the Department of State and the Immigration and Naturalization Service, 81 and the Act (Public fifty-five, Sixty-fifth Congress, approved October fifth, nineteen hundred and seventeen), is hereby repealed. (40 Stat. 545–546; 8 U.S. C. 18.) 85

Any individual who claims to have resumed his citizenship under the provisions of this subdivision may, upon the payment of a fee of $1, make application to the Commissioner of Immigration and Naturalization,se accompanied by two photographs of the applicant, for a certificate of repatriation. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen and that the citizenship was resumed as claimed, such individual shall be furnished a certificate of repatriation by the Commissioner, but only if such individual is at the time within the United States. The certificate of repatriation issued under this subdivision shall have the same effect as a certificate issued by a court having naturalization jurisdiction, and the provisions of subdivisions (b) and (c) of section 33 shall apply in respect of proceedings and certificates of ropatriation under this subdivision in the same manner and to the same extent, including penalties, as they apply in respect of proceedings and certificates of citizenship issued under such section (46 Stat. 791; 8 U. S. C. 18.) ** PERSONS IN UNITED STATES MILITARY OR NAVAL FORCES AT TERMINATION

* See footnote 61, p. 474.

The provision here omitted from this subdivision relates only to an appropriation for the Ascal year ended June 30, 1919.

83 Sec. 1, Act of May 9, 1918. This section was repealed by sec. 504, Nationality Act of 1940 (64 Stat. 1173 ; 8 U.S. C. 904), effective January 13, 1941, but similar provisions appear in sec. 826 of that Act at p. 374.

* This subdivision was added to sec. 4, Act of June 29, 1906, by sec. 1, Act of May 9, 1918 (40 Stat. 848–646), p. 516.

85 Sec. 1, Act of May 8, 1918, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. 8. C. 904), effective January 13, 1911, but see sec. 323 at p. 371 of that Act for similar provisiors.

^ See footnote 69, p. 476.

OP WORLD WAR OR HONORABLY DISCHARGED FOR DISABILITY IN LINE OF DUTY

Thirteenth." That any person who is serving in the military or naval forces of the United States at the termination of the existing war, and any person who before the termination of the existing war may have been honorably discharged from the military or naval services of the United States on account of disability incurred in line of duty, shall, if he applies to the proper court for admission as a citizen of the United States, be relieved from the necessity of proving that immediately preceding the date of his application he has resided continuously within the United States the time required by law of other aliens, or within the State, Territory, or the District of Columbia for the year immediately preceding the date of his petition for naturalization, but his petition for naturalization shall be supported by the affidavits of two credible witnesses, citizens of the United States, identifying the petitioner as the person named in the certificate of honorable discharge, which said certificate may be accepted as evidence of good moral character required by law, and he shall comply with the other requirements of the naturalization law. (40 Stat. 546; 8 U. S. C. 391.)

DESIGNATION OF NATURALIZATION EXAMINERS OR OFFICERS TO CONDUCT

PRELIMINARY HEARINGS UPON PETITIONS FOR CITIZENSHIP Fourteenth.so (a) The judge of any United States district court, or the senior judge of such court if there are more judges than one, is hereby authorized, in his discretion, to designate one

or more examiners or officers of the Immigration and Naturalization Service o serving as such examiner or officer within the territorial jurisdiction of such court, to conduct preliminary hearings upon petitions for naturalization to such court, and to make findings and recommendations thereon. For such purposes any such designated examiner or officer is hereby authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any petitioner for naturalization, to subpoena witnesses, and to administer oaths, including the oath of the petitioner to his petition and the oath of his witnesses.

* Act of June 21, 1930, repealed by sec. 504. Nationality Act of 1940 (54 Stat. 1178; 8 U. 8. C. 904). effective January 13, 1941. but see sec. 341 (a) at p. 390, 342 (b) at p. 301, and 346 at p. 394 for similar provisions under that Act. w This

subdivision was added to sec. 4. Act of June 29, 1908, by sec. 1, Act of May 9, 1918 (40 Stat. 346), p. 617, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172 ; 8 U. S. C. 904), effective January 13, 1941.

* This subdivision was added to sec. 4, Act of June 29, 1906, by the Act of June 8, 1926 (44 Stat. 709-710), repealed by gre. 604. Nationality Act of 1940 (54 Stat. 1173: 8 V. 8. C. 904), but see secs. 333. p. 382, and 334 (b), D. 383, for provisions regarding designated examiners under that Act.

* Secs. 333 and 834, Nationality Act of 1940 (54 Stat. 1156 : 8 U. S. C. 788, 734) give authority to the Commissioner or a Deputy Commissioner to designate members of the Service to conduct preliminary bearings in both Federal and State naturallastion courts.

See footnoto 61, p. 474.

(b) The findings of any such designated examiner or officer upon any such preliminary hearing shall be submitted to the court at the final hearing upon the petition required by section 9, 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 or officer. The judge to whom such findings and recommendations are submitted shall by written order approve such recommendations with such exceptions as he 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 of Immigration and Naturalization.

(c) The provisions of section 9 requiring 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 or officer has conducted the preliminary hearing authorized by this subdivision; 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. (44 Stat. 709–710; 8 U. S. C. 399a.)

86

WITNESSES_SUBPOENA FOR=SUBSTITUTION OF SEC. 5. The clerk of the court shall, if the petitioner requests it at the time of filing the petition for citizenship, issue a subpoena for the witnesses named by such petitioner to appear upon the day set for the final hearing, but in case such witnesses cannot be produced upon the final hearing other witnesses may be summoned upon noticə to the Immigration and Naturalization Service in such manner and at such time as the Commissioner of Immigratition and Naturalization, with the approval of the Attorney General," may by regulation prescribe. (46 Stat. 1511; 8 U. S. C. 397.)"

TIMB FOR FILING AND HEARING PETITIONS ELECTIONS-CHANGE OF

PETITIONER'S NAME SEO. 6. That petitions for naturalization may be made and filed during 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, and in no case shall final action be had upon a petition until at least ninety days

Bee footnote 69, p. 476.

See footnote 61. p. 474. * See footnote 83, p. 470.

** Sec. 1, Act of March 3, 1931, repealed by sec. 504, Nationality Act of 1940 (64 Stat. 1173; 80. 8. C., 904), but for provisions upon the same subject see sec. 309 (d) of the latter Act, p. 864.

Prior to Ita amendment by the Act of March 8, 1931, this section read as follows in the Act of June 29, 1906 (84 Stat. 698):

"SEC. B. That the clerk of the court shall, immediately after Aling the petition, give notice thereof by posting in a public and conspicuous place in his office, or in the building in which his office is situated, under an appropriate heading the name, nativity, and residence of the allen, the date and place of his arrival in the United States, and the date, as nearly as may be, for the goal bearing of his petition, and the names of the witnesses whom tbe applicant expects to summon in his behalf; and the clerk sball 11 the applicant requests it, issue a subpæna for the witnesses so named by the said applicant to appear upon the day set for the final bearing, but in case such witnesses can not be produced upon the anal hearing other witnesses may be commoned."

have elapsed after filing of such petition (46 Stat. 1511; 8 V. S. C. 396): Provided, That no person shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be lawful, at the time and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance therewith. (46 Stat. 1511; 8 U.S. C. 396.) 95 ANARCHISTS AND POLYGAMISTS INELIGIBLE TO NATURALIZATION OR

CITIZENSHIP Sec. 7.96 That no person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States, or of any other organized government, because of his or their official character, or who is a polygamist, shall be naturalized or be made a citizen of the United States. (34 Stat. 598–599; 8 U. S. C. 364.) ALIENS UNABLE TO SPEAK ENGLISH INELIGIBLE TO NATURALIZATION OR

CITIZENSHIP; EXCEPTIONS SEC. 8.97 That no alien shall hereafter be naturalized or admitted as a citizen of the United States who cannot speak the English language: Provided, That this requirement shall not apply to aliens who are physically unable to comply therewith, if they are otherwise qualified to become citizens of the United States: And provided further, That the requirements of this section shall not apply to any alien who has prior to the passage of this Act declared his intention to become a citizen of the United States in conformity with the law in force at the date of making such declaration : Provided further, That the requirements of section eight shall not apply to aliens who shall hereafter declare their intention to become citizens and

* The provision was walved in the case of certain petitions. For examples, see the seventh subdivision of sec. 4, Act of June 29, 1006 as amended. See p. 472.

* Sec. 2, Act of March 3, 1931, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. 8. C. 904), effective January 13, 1941, but see sec. 332 (d) at p. 382 for provisions on same subject in that Act. This section, prior to its amendment, originally read as follows in the Act of June 29, 1906 (34 Ştat. 598) :

"SEC. 6. That petitions for naturalization may be made and filed during term time or vacation of the court and shall be docketed the same day as filed, but final action thereon sball be had only on stated days, to be fixed by rule of the court, and in no case shall final action be bad upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition : Provided, That no person shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial Jurisdiction. It shall be lawful at the time and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a decree

changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance therewith."

36 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941. See secs. 305 and 346 of that Act, pp. 359 and 394. See Act of March 3, 1903, p. 461, for law on this subject prior to June 30, 1906.

* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U.S. C. 904), effective January 13, 1941, but see sec. 304 of that Act at p. 359 for provisions on the same subject.

« iepriekšējāTurpināt »