PERSONS NOT CITIZENS OWING PERMANENT ALLEGIANCE TO THE

UNITED STATES

SEO. 30. That all the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe permanent allegiance to the United States, and who may become residents of any State or organized Territory of the United States, with the following modifications: The applicant shall not be required to renounce allegiance to any foreign sovereignty; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission; and residence within the jurisdiction of the United States, owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years' residence clause of the existing law. (34 Stat. 606-607; 8 U. S. C. 360.)

EFFECTIVE DATE of ACT OF JUNE 29, 1906

SEO. 31. That this Act [of June 29, 1906] shall take effect and be in force from and after ninety days from the date of its passage: Provided, That sections one, two, twenty-eight, and twenty-nine shall go into effect from and after the passage of this Act. (34 Stat. 607.)

COMMISSIONER OF IMMIGRATION AND NATURALIZATION AUTHORIZED TO ISSUE NEW DECLARATIONS OF INTENTION AND NEW CERTIFICATES OF CITIZENSHIP IN LIEU OF THOSE LOST, MUTILATED, OR DESTROYED

SEC. 32. If any certificate of citizenship issued to any citizen, or any declaration of intention furnished to any declarant, under the naturalization laws, is lost, mutilated, or destroyed, the citizen or declarant may, upon the payment to the Commissioner of a fee of $1, make application (accompanied by two photographs of the applicant) to the Commissioner of Immigration and Naturalization 50 for a new certificate or declaration. If the Commissioner finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration with one of such photographs of the applicant affixed thereto : Provided, That an alien veteran as defined in section 1 of the Act of May 26, 1926 (44 Stat. 654; U. S. C., title 8, sec. 241 (a)), shall not be required to pay the fee required by this subdivision. (48 Stat. 597; 8 U. S. C. 399b (a).) 51

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172), effective January 13, 1941. See sec. 321 of that Act, p. 370, for provisions on this same subject.

"Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172), effective January 13,

1941.

This section was added to the Act of June 29, 1906, as amended, by sec. 9, Act of March 2, 1929 (45 Stat. 1515-1516), effective July 1, 1929, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941. See sec. 341 (b) of that Act, p. 390. for similar provisions.

50 Between March 2, 1929, and June 10, 1933, the words "Commissioner of Immigration and Naturalization" read "Commissioner of Naturalization." For discussion of authority for change in title, see footnote 25, p. 462.

1 Sec. 4, Act of April 19, 1934, amending sec. 32, Act of June 29, 1906. as added thereto by sec. 9. Act of March 2, 1929 (45 Stat. 1515-1516). This subdivision originally read as follows: "Sec. 32. (a) If any certificate of citizenship issued to any citizen, or any declaration of intention furnished to any declarant, under the naturalization laws, is lost. mutilated, or destroyed, the citizen or declarant may upon the payment to the Commissioner of a fee of $10, make application (accompanied by two photographs of the applicant) to the Commissioner of Naturalization for a new certificate or declaration. If the Commissioner finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration with one of such photographs of the applicant affixed thereto."

SPECIAL CERTIFICATE OF CITIZENSHIP TO OBTAIN RECOGNITION AS A CITIZEN BY COUNTRY OF FORMER ALLEGIANCE

(b) Upon payment to the Commissioner of Immigration and Naturalization of a fee of $5,5 the Commissioner shall issue, for any naturalized citizen, a special certificate of citizenship, with a photograph (furnished by such citizen) affixed thereto, for use by such citizen only for the purpose of obtaining recognition as a citizen of the United States by the country of former allegiance of such citizen. Such certificate, when issued, shall be furnished to the Secretary of State for transmission by him to the proper authority in such country of former allegiance. (45 Stat. 1515; 8 U. S. C. 399b (b).) 53

(c) If the name of any naturalized citizen has, subsequent to naturalization, been changed by order of a court of competent jurisdiction, or by marriage, the citizen may, upon the payment to the Commissioner of a fee of $52 make application (accompanied by two photographs of the applicant) for a new certificate of citizenship in the new name of such citizen. If the Commissioner finds the name of the applicant to have been changed as claimed, he shall issue to the applicant a new certificate with one of such photographs of the applicant affixed thereto. (47 Stat. 165-166; 8 U. S. C. 399b (c).)

(d) The Commissioner of Immigration and Naturalization" is authorized to make and issue, without fee, certifications of any part of the naturalization records of any court, or of any certificate of citizenship, for use in complying with any statute, State or Federal, or in any judicial proceeding. Any such certification shall be admitted in evidence equally with the original from which such certification was made in any case in which the original thereof might be admissible as evidence. No such certification shall be made by any clerk of court except upon order of court. (47 Stat. 166; 8 U. S. C. 399b (b).) 65

APPLICATIONS FOR CERTIFICATE of DERIVATIVE CITIZENSHIP-CERTIFICATE OF ARRIVAL-EFFECT OF CERTIFICATE OF DERIVATIVE CITIZENSHIP-PENAL

PROVISIONS

SEC. 33 66 (a) Any individual over twenty-one years of age who claims to have derived United States citizenship through the naturalization of a parent, or a husband, may, upon the payment of a fee of $5," make application to the Commissioner of Immigration and Naturalization," accompanied by two photographs of the

57

Fee, originally $10, was reduced to $5 by sec. 2, Act of April 19, 1934 (48 Stat. 597). Sec. 9, Act of March 2, 1929. Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. 8. C. 904) effective January 13, 1941. See sec. 341 (c) at p. 890 and 842 (b) (6) at p. 891 thereof for similar provisions of that Act.

Sec. 4, Act of May 25, 1932, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1178: 8 U. S. C. 904), effective January 13, 1941. See secs. 841 (d) at p. 390 and 342 (b) (8) at p. 391 of that Act for similar provisions.

Sec. 4, Act of May 25, 1932, repealed, effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173). See sec. 841 (e) thereof, at p. 391, for similar provisions of that Act.

This section was added to Act of June 29, 1906, as amended by sec. 9. Act of March 2, 1929 (45 Stat. 1515-1516), effective July 1, 1929, and was repealed effective January 18. 1941 by sec. 504, Nationality Act of 1940 (54 Stat. 1173).

Fee, originally $15, including $5 for a certificate of arrival which requirement was repealed by Act of May 25. 1932 (47 Stat. 166). The $10 fee was reduced to $5 by sec, 2, Act of April 19, 1934 (48 Stat. 597), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941. See secs. 339, at p. 389, and 342 (b) (5) thereof, at p. 891 for similar provisions of that Act.

See footnote 69, p. 476.

60

applicant, for a certificate of citizenship. Upon proof to the satisfaction of the Commissioner that the applicant is a citizen and that the alleged citizenship was derived as claimed, and upon taking and subscribing to, before a designated representative of the Immigration and Naturalization Service within the United States, the oath of allegiance required by the naturalization laws of a petitioner for citizenship, such individual shall be furnished a certificate of citizenship by the Commissioner, but only if such individual is at the time within the United States. In all courts, tribunals, and public offices of the United States, at home and abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States, the certificate of citizenship issued under this section shall have the same effect as a certificate of citizenship issued by a court having naturalization jurisdiction. (45 Stat. 1515; 8 U. S. C. 399c (a).) 61

(b) Any person who (1) knowingly issues or is a party to the issuance under this section of a certificate of citizenship not authorized by the provisions of this section; or (2) demands, charges, collects, or receives any other or additional fees or moneys under this section except the fees and moneys herein specified; or (3) knowingly certifies that an applicant, affiant, or witness named in an affidavit, application, or certificate of citizenship or other paper or writing required to be executed under the provisions of this section, personally appeared before him, and was sworn thereto or acknowledged the execution thereof or signed the same when in fact such petitioner, affiant, or witness did not personally appear before him or was not sworn thereto, or did not execute the same, or did not acknowledge the execution thereof; or (4) procures a certificate of citizenship under this section, knowing or having reason to believe that he is not entitled thereto, shall be guilty of a felony and on conviction thereof shall be fined not more than $5,000, or imprisoned not more than five years, or both. (45 Stat. 1516; 8 U.S. C. 399c (b).)

62

(c) The provisions of sections 74 to 81,61 inclusive, 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 of proceedings and certificates of citizenship under this section in the same manner and to the same extent, including penalties, as they apply in respect of proceedings and certificates of citizenship under the naturalization laws. (45 Stat. 1516; 8 U. S. C. 399c (b).) as

ACCOUNTING FOR FEES BY THE COMMISSIONER OF NATURALIZATION

SEC. 34. Fees collected by the Commissioner of Immigration and Naturalization 58 under the two preceding sections shall be paid

For footnote 58 see p. 497.

The phrase "Upon obtaining a certificate from the Secretary of Labor showing the date, place, and manner of arrival in the United States," which originally appeared here was repealed by sec. 5, Act of May 25, 1932 (47 Stat. 166).

00 See footnote 61. p. 474.

Sec. 9, Act of March 2, 1929.

02 Sec. 9, Act of March 2, 1929, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941. See sec. 346 thereof, at p. 394, for Penal Provisions of that Act.

For text of secs. 74 to 81, inclusive, of Act of March 4, 1909 (35 Stat. 1102-1103). see pp. 501-504.

Secs. 34, 35, and 36 were added to the Act of June 29, 1906, as amended, by sec. 9. Act of March 2, 1929 (45 Stat. 1516), effective July 1, 1929, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941. See sec. 330 of that Act, p. 378, for requirements respecting photographs, and sec. 342, p. 391, concerning fees.

over to and deposited in the Treasury and accounted for by the Commissioner to the General Accounting Office in the same manner as other naturalization fees received by the Immigration and Naturalization Service." (45 Stat. 1516; 8 U. S. C. 399b-399d.)1

64

DEFINITION OF THE TERM "COUNTY"

SEC. 35. When used in this Act the term "county" includes parish in the State of Louisiana; any political subdivision of a State not included within any county; a division of the judicial district in the Territory of Alaska; the entire island in the case of Puerto Rico; the entire territory comprised within the Virgin Islands in the case of the Virgin Islands; and the entire district in the case of the District of Columbia. (45 Stat. 1516; 8 U. S. C. 380b.)o1

PHOTOGRAPHS OF APPLICANTS FOR DECLARATIONS OF INTENTION AND PETITIONS FOR CITIZENSHIP TO BE FURNISHED

SEC. 36. Two photographs of himself shall be furnished by each applicant for a declaration of intention and by each petitioner for citizenship. One of such photographs shall be affixed by the clerk of the court to the declaration of intention issued to the declarant and one to the declaration of intention required to be forwarded to the Immigration and Naturalization Service; and one of such photographs shall be affixed to the certificate of citizenship issued to the naturalized citizen and one to the duplicate certificate of citizenship required to be forwarded to the Immigration and Naturalization Service. (45 Stat. 1516; 8 U. S. C. 377c.) 1

VALIDATION OF NATURALIZATION CERTIFICATES

[Act approved June 29, 1906]

SEC. 1. That naturalization certificates issued after the Act approved March third, nineteen hundred and three, entitled "An Act to regulate the immigration of aliens into the United States," went into effect, which fail to show that the courts issuing said certificates complied with the requirements of section thirty-nine of said Act, but which were otherwise lawfully issued, are hereby declared to be as valid as though said certificates complied with said section: Provided, That in all such cases applications shall be made for new naturalization certificates, and when the same are granted, upon compliance with the provisions of said Act of nineteen hundred and three, they shall relate back to the defective certificates, and citizenship shall be deemed to have been perfected at the date of the defective certificate. (34 Stat. 630-631; 8 U. S. C. 407.)

SEC. 2. That all the records relating to naturalization, all declarations of intention to become citizens of the United States, and all certificates of naturalization filed, recorded, or issued prior to the time when this Act takes effect in or from the criminal court of Cook County, Illinois, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized. (34 Stat. 631.)

For footnotes 60, 61, and 64 see p. 498.

EXPATRIATION OF CITIZENS AND THEIR PROTECTION ABROAD; CITIZENSHIP OF WOMEN BY MARRIAGE; CITIZENSHIP OF CHILDREN BORN abroad of CITIZEN PARENTS

65

66

[Act approved March 2, 1907]

SEO. 1. [Repealed by sec. 5, Act of June 4, 1920 (41 Stat. 751).] SEC. 2. That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. (34 Stat. 1228; 8 U. S. C. 17.)

When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state, it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war. (34 Stat. 1228; 8 U. S. C. 16, 17.)

67

SEC. 3.6 [Repealed by sec. 7, Act of Sept. 22, 1922 (42 Stat. 1022; 8 U. S. C. 9).]

SEO. 4.88 (Repealed by sec. 6, Act of Sept. 22, 1922 (42 Stat. 1022; 8 U. S. C. 10).]

SEC. 5. That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the father or the mother: Provided, That such naturalization or resumption shall take place during the minority of such child; And provided further, That the citizenship of such minor child' shall

65 This section prior to its repeal read as follows:

"That the Secretary of State shall be authorized, in his discretion, to issue passports to persons not citizens of the United States as follows: Where any person has made a declaration of intention to become such a citizen as provided by law and has resided in the United States for three years, a passport may be issued to him entitling him to the protection of the Government in any foreign country: Provided, That such passport shall not be valid for more than six months and shall not be renewed, and that such passport shall not entitle the holder to the protection of this Government in the country of which he was a citizen prior to making such decision of intention."

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941. See ch. IV of that Act p. 403 for provisions covering loss of nationality.

This section prior to its repeal read as follows:

"SEC. 3. That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States. or, if residing in the United States at the termination of the marital relation, by continuing to reside therein.'

It was provided by sec. 7, Act of Sept. 22, 1922, however, that the repeal of sec. 3, Act of Mar. 2, 1907, should not restore citizenship lost under said section nor terminate citizenship resumed thereunder and that a woman who had resumed under such section citizenship lost by marriage should upon passage of said Act of Sept. 22, 1922, have for all purposes the same citizenship status as immediately preceding her marriage. As to resumption of American citizenship upon termination of marriage, see Act of June 25. 1936, as amended by the Act of July 2, 1940, p. 565. See also sec. 317 (b), at p. 368, Nationality Act of 1910.

This section prior to its repeal read as follows:

"SEC. 4. That any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continue to reside in the United States, unless she makes formal renunclation thereof before a court having jurisdiction to naturalize aliens, or if she resides abroad she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation."

With reference to acquisition of American citizenship through marriage, see sec. 1994, Revised Statutes, p. 451.