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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 os 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. Č. 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 naturalization 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).] * 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 TM (40 Stat. 544; 8 U. $. C. 405):87 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.)"

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

541 Stat. 222), p. 622 : Act of May 26, 1926 on p.

528; Act of March 4, 1929, on p. 640; Act of May 25, 1932, on p. 544; Act of June 24, 1985, on p. 668 ; Act of August 28 1837, on p. 560; and Act of June 21, 1939, p. 664.

See tootnote 61, p. 474.

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" See footnote 61, p. 474.
95 Sec. 1 (b), Act of May 25, 1932.

See footnote 53, P. 470. • Prior to its repeal by Act of May 25. 1926 (44 Stat. 662), there appeared in this subsection preceding the words, "Provided further," the following proviso: "Provided, That It shall not be lawful to make a declaration of intention before the clerk of any court on election

day or during the period of thirty days preceding the day of holding of any election within the jurisdiction of the court." See full context of this Act on

See footnote 69, p. 476. so Sec. 3, Act of May 25, 1932, amending the arst paragraphs of subd. 7, sec. 4, Act of June 29, 1906, as amended, to provide for striking out the period at the end thereot 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."

p. 527.

“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 84 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:1 (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 Services 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 s for the cost of publishing the citizenship textbook prepared and to be distributed by the Immigration and Naturalization Service 94 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 Ashing 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 bling 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.

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.).

"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 of Immigration and Naturalization 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 Gov. ernment from the Immigration and Naturalization Service, whose objection shall cause the

petition to be continued from time to time for so long as the Government may require: Provided, however, That nothing herein contained shall be taken or construed to in terfere 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; (40 Stat. 545; 8 U. S. C. 379.)?

“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 Department of State and the Immigration and Naturalization Service, 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.)

• Sec. 10, Act of May 25, 1932. Between May 9, 1918, and May 25, 1932, the words "during the period of dve years next preceding July 1. 1920" read “during the period of five years next preceding July 1, 1914.". For discussion of sec. 3. Act of June 25, 1910 (36 Stat. 830-831), repealed by sec. 2, Act of May 9, 1918 (40 Stat. 546-647), providing for the naturalization of persons misinformed as to citizenship status, see footnote 78 to Act of June 29, 1906, at p. 478.

* See footnote 61, p. 474. • See footnote 49. p. 468. "For provisions relating to alien enemies prior to the enactment of this law, see gec. 2171 Revised Statutes, p. 457. For present provis.ons, see sec. 326 of the Nationality Act of 1940, p. 374.

“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, 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 repatriation 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.) |

"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.)

REPEALING PROVISIONS AND SAVING CLAUSE Sec. 2. That the following provisions of law be, and they are hereby, repealed : Section twenty-one hundred and sixty-six and twenty-one hundred and seventy-four of the Revised Statutes of

For footnote 5 see p. 516.

• Act of June 21, 1920. Prior to June 21, 1930, the twelfth subdivision as added to dec. 4, Act of June 29, 1906, as amended, by séc. 1, Act of May 9, 1918 (40 Stat. 545-546), read as follows:

"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 sucb 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, and the Act (Public Afty-five Sixty-ffth Congress, approved October afth, nineteen hundred and seventeen), is hereby repealed."

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