Lapas attēli
PDF
ePub

jurisdiction of the United States, and misinformation regarding United States citizenship status, and shall be accompanied by proof thereof satisfactory to the court. After making such declaration and submitting such proofs, such person shall be admitted to take the oath of allegiance before the court, and thereupon shall be considered a citizen of the United States." (52 Stat. 377; 8 U. S. C. 5a-1.) 86

NATURALIZATION JURISDICTION GRANTED TO DISTRICT COURT OF THE UNITED STATES FOR PUERTO RICO-RESIDENCE IN PUERTO RICO

[Act approved March 2, 1917]

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, and 48 U. S. C.

863.)

ALLOWANCE OF FEES TO CLERKS OF COURT

[Act approved June 12, 1917]

SEC. 1. * *Provided, That the whole amount allowed for a fiscal year to the clerk of a court and his assistants from naturalization fees and this appropriation or any similar appropriation made hereafter shall be based upon and not exceed the one-half of the gross receipts of said clerk from naturalization fees during the fiscal year immediately preceding, unless the naturalization business of the clerk of any court during the year shall be in excess of the naturalization business of the preceding year, in which event the amount allowed may be increased to an amount equal to one-half the estimated gross receipts of the said clerk from naturalization fees during the current fiscal year: * 87 (40 Stat. 171;

8 U. S. C. 402.)

TRANSMISSION OF MAIL MATTER

[Act approved October 6, 1917]

SEC. 1.88 * That all mail matter, of whatever class, relating to naturalization, including duplicate papers required by law or regulation to be sent to the Immigration and Naturalization Service by clerks of State or Federal courts, addressed to the Department of Justice, or the Immigration and Naturalization Service, or to any official thereof, and indorsed "Official Business," shall be transmitted free of postage, and by registered mail if necessary,

Act of May 16, 1938, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904), effective January 13, 1941. See secs. 202, p. 357, and 822, p. 371, of that Act for provisions on this subject.

87 This provision, which carried into effect sec. 13, Act of June 29, 1906 (34 Stat. 600; 8 U. S. C. 402), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), supplemented but did not amend Act of June 29, 1906.

This section, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941, supplemented but did not amend Act of June 29, 1906 (34 Stat. 596). See sec. 343 of that Act, p. 393, for use of franking privilege by clerks of courts.

See footnote 49, p. 468.

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. (40 Stat. 376; 39 U. S. C. 324.)

NATURALIZATION OF PERSONS WITH MILITARY SERVICE; CITIZENSHIP EDUCATION; NATURALIZATION OTHER SPECIAL CLASSES OF PERSONS; ALIEN ENEMIES; ETC.

[Act approved May 9, 1918]

SEC. 1. That section four of the Act entitled "An Act to establash a Bureau of Immigration and Naturalization and to provide a uniform rule for the naturalization of aliens throughout the United States," approved June twenty-ninth, nineteen hundred and six, be, and is hereby, amended by adding seven new subdivisions as follows:

"Seventh. Any native-born Filipino of the age of twenty-one years and upward who has declared his intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the United States Navy or Marine Corps or the Naval Auxiliary Service, or the Coast Guard (50 Stat. 548-549; 8 U. S. C. 388), and who, after service of not less than three years, may be honorably discharged therefrom, or who may receive an ordinary discharge with recommendation for reenlistment; or any alien, or any Puerto Rican not a citizen of the United States, of the age of twenty-one years and upward, who has enlisted or entered or may hereafter enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, or in the United States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board vessels of more than twenty tons' burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels (45 Stat. 1514; 8 U. S. C. 388), and while still in the service on a reenlistment or reappointment, or within six months after an honorable discharge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization and may be naturalized without complying with the requirements of residence within the United States and within the county (45 Stat. 1514; 8 U. S. C. 392); any alien serving in the military or naval service of the United States during the time this country is engaged in the present war may file his petition for naturalization without making the preliminary declaration of intention and without proof of the required five years' residence within the United States (40 Stat.

91

Repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904). See Nationality Act of 1940 on same subjects.

Sec. 8, Act of July 80, 1937 (50 Stat. 548-549; 8 U. S. C. 388), amending subd. 7, sec. 4, Act of June 29, 1906, as added to said Act by sec. 1, Act of May 9, 1918. For text of this paragraph as it read originally in the Act of May 9, 1918, and for discussion of amendments as made thereto by sec. 6 (c) and (d) Act of March 2, 1929 (45 State. 1514), and sec. 2. Act of May 25, 1932 (47 Stat. 165), see footnote 58 to Act of June 29, 1906, at p. 473.

93

92

542; 8 U. S. C. 392) any alien declarant who has served in the United States Army or Navy, or the Philippine Constabulary, and has been honorably discharged therefrom, and has been accepted for service in either the military or naval service of the United States on the condition that he becomes a citizen of the United States, may file his petition for naturalization upon proof of continuous residence within the United States for the three years immediately preceding his petition, by two witnesses, citizens of the United States, and in these cases only residence in the Philippine Islands and the Panama Canal Zone by aliens may be considered residence within the United States, and the place of such military service shall be construed as the place of residence required to be established for purposes of naturalization (40 Stat. 542-543; 8 U. S. C. 389); and any alien, or any person owing permanent allegiance to the United States embraced within this subdivision, may file his petition for naturalization in the most convenient court without proof of residence within its jurisdiction, notwithstanding the limitation upon the jurisdiction of the courts specified in section three of the Act of June twenty-ninth, nineteen hundred and six, provided he appears with his two witnesses before the appropriate representative of the Immigration and Naturalization Service and passes the preliminary examination hereby required before filing his petition for naturalization in the office of the clerk of the court, and in each case the record of this examination shall be offered in evidence by the representative of the Government from the Immigration and Naturalization Service 98 and made a part of the record at the original and any subsequent hearings; and, except as otherwise herein provided, the honorable discharge certificate of such alien, or person owing permanent allegiance to the United States, or the certificate of service showing good conduct, signed by a duly authorized officer, or by the masters of said vessels, shall be deemed prima facie evidence to satisfy all of the requirements of residence within the United States and within the State, Territory, or the District of Columbia, and good moral character required by law, when supported by the affidavits of two witnesses, citizens of the United States, identifying the applicant as the person named in the certificate or honorable discharge, and in those cases only where the alien is actually in the military or naval service of the United States, the certificate of arrival shall not be filed with the petition for naturalization in the manner prescribed (40 Stat. 543; 8 U. S. C. 393); and any petition for naturalization filed under the provisions of this subdivision may be heard immediately notwithstanding the law prohibits the hearing of a petition for naturalization during thirty days preceding any election in the jurisdiction of the court (40 Stat. 543; 8 U. S. C. 394). Any alien, who, at the time of the passage of this Act [of May 9, 1918], is in the military service of the United States, who may not be within the jurisdiction of any court authorized to naturalize aliens, may file his petition for naturaliza

The exemptions granted to veterans of the first World War were extended by several Acts of Congress with short lapses of time between the date of expiration and date of reenactment, For the provisions of these various Acts see Act of July 19, 1919 (41 Stat. 222), p. 522; Act of May 26, 1926 on p. 528; Act of March 4, 1929, on p. 540; Act of May 25, 1932, on p. 544; Act of June 24, 1985, on p. 555; Act of August 28, 1937, on p. 560; and Act of June 21, 1939, p. 564.

See footnote 61, p. 474.

tion without appearing in person in the office of the clerk of the court and shall not be required to take the prescribed oath of allegiance in open court. The petition shall be verified by the affidavits of at least two credible witnesses who are citizens of the United States, and who shall prove in their affidavits the portion of the residence that they have personally known the applicant to have resided within the United States. The time of military service may be established by the affidavits of at least two other citizens of the United States, which, together with the oath of allegiance, may be taken in accordance with the terms of section seventeen hundred and fifty of the Revised Statutes of the United States after notice from and under regulations of the Immigration and Naturalization Service.94 Such affidavits and oath of allegiance shall be admitted in evidence in any original or appellate naturalization proceeding without proof of the genuineness of the seal or signature or of the official character of the officer before whom the affidavits and oath of allegiance were taken, and shall be filed by the representative of the Government from the Immigration and Naturalization Service" at the hearing as provided by section eleven of the Act of June twenty-ninth, nineteen hundred and six (40 Stat. 543; 8 U. S. C. 390). [All petitions for citizenship made outside the United States in accordance with the seventh subdivision of section 4 of the Naturalization Act of June 29, 1906, as amended, upon which naturalization has not been heretofore granted, are hereby declared to be invalid for all purposes. (47 Stat. 165; 8 U. S. Č. 392b).] 5 Members of the Immigration and Naturalization Service may be designated by the Attorney General to administer oaths relating to the administration of the naturalization law (40 Stat. 544; 8 U. S. C. 354); and the requirement of section ten of notice to take depositions to the United States attorneys is repealed," and the duty they perform under section fifteen of the Act of June twenty-ninth, nineteen hundred and six (Thirty-fourth Statutes at Large, part one, page five hundred and ninety-six), may also be performed by the Commissioner or Deputy Commissioner of Immigration and Naturalization 98 (40 Stat. 544; 8 U. S. C. 405): Provided further, That service by aliens upon vessels other than of American registry, whether continuous or broken, shall not be considered as residence for naturalization purposes within the jurisdiction of the United States, and such aliens can not secure residence for naturalization purposes during service upon vessels of foreign registry; except that this proviso shall not apply in the case of service on American-owned vessels by an alien who has been lawfully admitted to the United States for permanent residence. (47 Stat. 165; 8 U. S. C. 384.)∞

94

[blocks in formation]

97

[graphic]
[ocr errors]

90 Sec. 3, Act of May 25, 1932, amending the first paragraphs of subd. 7. sec. 4. Act of June 29, 1906, as amended, to provide for striking out the period at the end thereof and inserting in lieu thereof a semicolon and the words "except that this proviso shall not apply in the case of service on American-owned vessels by an alien who has been lawfully admitted to the United States for permanent residence."

[ocr errors]

94

"During the time when the United States is at war no clerk of a United States court shall charge or collect a naturalization fee from an alien in the military service of the United States for filing his petition or issuing the certificate of naturalization upon admission to citizenship, and no clerk of any State court shall charge or collect any fee for this service unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A full accounting for all of these transactions shall be made to the Immigration and Naturalization Service in the manner provided by section thirteen of the act of June twentyninth, nineteen hundred and six. (40 Stat. 544; 8 U. S. C. 403.) "Eighth: [Repealed by Act of June 15, 1935, 49 Stat. 376.] "Ninth. That for the purpose of carrying on the work of the Immigration and Naturalization Service of sending the names of the candidates for citizenship to the public schools and otherwise promoting instruction and training in citizenship responsibilities of applicants for naturalization, as provided in this subdivision, authority is hereby given for the reimbursement of the printing and binding appropriations of the Department of Justice upon the records of the Treasury Department from the naturalization fees deposited in the Treasury through the Immigration and Naturalization Service for the cost of publishing the citizenship textbook prepared and to be distributed by the Immigration and Naturalization Service to those candidates for citizenship only who are in attendance upon the public schools, such reimbursement to be made upon statements by the Commissioner of Immigration and Naturalization of books actually delivered to such student candidates for citizenship, and a monthly naturalization bulletin, and in this duty to secure the aid of and cooperate with the official State and national organizations, including those concerned with vocational education * (40 Stat. 544-545; 8 U. S. C. 387.)

"Tenth. That any person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July 1, 1920, and was on that date otherwise qualified to become a citizen of the United States, except that he had not made a declaration of intention required by law and who during or prior to that time, because of misinformation regarding his citizenship status erroneously exercised the rights and performed the duties of a citizen of the United States in good faith, 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

For footnote 94 see p. 514.

1 Prior to its repeal on June 15, 1935, this subdivision provided as follows: "Eighth. That every seaman, being an allen, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served three years upon such merchant or fishing vessels of the United States, be deemed a citizen of the United States for the purpose of serving on board any such merchant or fishing vessel of the United States, anything to the contrary in any Act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such after the filing of his declaration of intention to become such citizen: Provided, That nothing contained in this Act shall be taken or construed to repeal or modify any portion of the Act approved March fourth, nineteen hundred and fifteen (Thirty-eighth Statutes at Large, part one, page eleven hundred and sixty-four, chapter one hundred and fifty-three), being an Act to promote the welfare of American seamen." Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941. See sec. 344 of that Act, p. 393, for similar provisions.

See footnote 49, p. 468.

« iepriekšējāTurpināt »