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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during the period of thirty days preceding the day of holding of any election within the jurisdiction of the court," is repealed.

SEC. 2. No declaration of intention heretofore filed in disregard of so much of such Act of 1906 as is above repealed shall be held invalid for such cause. (44 Stat. 652; 8 U. S. C. 374.)

NATURALIZATION OP ALIEN VETERANS

[Act approved May 26, 1920) * SEC. 1. That (a) as used in this Act, the term "alien veteran" means an individual, a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918, who is now an alien not ineligible to citizenship; but does not include (1) any individual at any time during such period or thereafter separated from such forces under other than honorable conditions, (2) any conscientious objector who performed no military duty whatever or refused to wear the uniform, or (3) any alien at any time during such period or thereafter discharged from the military or naval forces on account of his alienage. (44 Stat. 654; 8 U.S.C. 241.)

APPOINTMENT OF DESIGNATED EXAMINERS

(Act approved June 8, 1926) ** That section 4 of the Act entitled "An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," approved June 29, 1906, as amended, is amended by adding at the end thereof a new subdivision, to read as follows:

“Fourteenth, (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 33 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.

“(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.

si Sec. 7 of this Act expired by reason of its two-year limitation. It provided as follows (44 Stat. 655):

"SEC. 7: An alien veteran shall, if residing in the United States, be entitled, at any time within two years after the enactment of this Act, to naturalization upon the same terms, conditions, and exemptions which would have been accorded to such aliep if he had petitioned before the armistice of the World War, except that such alien shall be required to appear and file bis petition in person and to take the prescribed oath of allegiance in open court. See extensions of this Act, footnote 18, p. 541, Act of March 4, 1929; footnote 94, p. 544, Act of May 25, 1932; footnote 14, p. 555, Act of June 24, 1935; footnote 15, p. 556, Act of June 24, 1935 (racially ineligible aliens); footnote 31, p. 564, Act of June 21, 1939.

* Repealed effective January 13, 1941, by sec, 504. Nationality Act of 1940 (54 Stat. 1173 ; 8 U. S. C. 901). See secs. 333 and 334 of that Act, pp. 382, 383, for provisions on this subject. * See footnote 61, p. 474.

"(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.)

34

CITIZENSHIP AND NATURALIZATION OF CERTAIN INHABITANTS OF THE

VIRGIN ISLANDS-RESIDENCE IN THE VIRGIN ISLANDS (Act approved February 26, 1927, as amended by sec. 6, Act approved June 28, 1932]

Seo. 1. That the following persons and their children born subsequent to January 17, 1917, are hereby declared to be citizens of the United States:

(a) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and are now residing in those islands or in the United States or Puerto Rico, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declaration, have heretofore renounced or may

hereafter renounce it by a declaration before a court of record;

(b) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and are now residing in those islands or in the United States or Puerto Rico, and who are not citizens or subjects of any foreign country;

(c) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and are now residing in the Virgin Islands of the United States, and who are not citizens or subjects of any foreign country (44 Stat. 1234); and

(d) All natives of the Virgin Islands of the United States who are, on the date of enactment of this subdivision, residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or Territory of the United States, who are not citizens or subjects of

See footnote 69, p. 476.

any foreign country, regardless of their place of residence on January 17, 1917.35 (47 Stat. 336; 8 U. S. C. 5b.)

SEC. 2.36 [Expired by limitation.]

SEC. 3. All persons born in the Virgin Islands of the United States on or after January 17, 1917 (whether before or after the effective date of this Act), and subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States. (44 Stat. 1235; 8 U.S. C. 5c.)

Sec. 4.87 The district court of the Virgin Islands of the United States shall have jurisdiction for naturalization purposes (including jurisdiction for the purpose of setting aside and canceling certificates of citizenship under section 15 of the Act entitled "An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," approved June 29, 1906, as amended); and for the purpose of the naturalization laws residence in the Virgin Islands of the United States shall be considered as residence in the United States. (44 Stat. 1235; 8 U. S. C. 358a.)

Sec. 5. (This section has no relation to naturalization.] CERTAIN PORTO RICAN CITIZENS DEEMED CITIZENS OF THE UNITED STATES

[Act approved March 4, 1927) SEC. 2. That a new section is hereby inserted between sections 5 and 6 of the Act entitled “An Act to provide a civil government for Porto Rico, and for other purposes," approved March 2, 1917, as amended, as follows:

“SEC. 5a. That all citizens of the United States who have resided or who shall hereafter reside in the island for one year shall be citizens of Porto Rico: Provided, That persons born in Porto Rico of alien parents, referred to in the last paragraph of section 5, who did not avail themselves of the privilege granted to them of becoming citizens of the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid section: And provided further, That persons who elected to retain the political status of citizens of Porto Rico may within one year after the passage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Porto Ricans born of foreign parents.” (44 Stat. 1418–1419; 8 U. S. C. 5a; 48 U. S. C. 733a.)

* This subdivision was not originally a part of sec. I, Act of February 25, 1927. but was added thereto by sec. 5, Act of June 28, 1932. 36 This section provided as follows (44 Stat. 1234) :

"Sec. 2. The following persons, if not ineligible to citizenship, may, upon petition filed within one year after the effective date of this Act, and upon full and complete complin nce with all other provisions of the naturalization laws, be naturalized without making a declaration of intention :

“(a) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands or in the United States, and who are now

residing in those islands or in the United States or Puerto Rico, and who are citizens or subjects of any foreign

"(b) all natives of the Virgin Islands of the United States who. on January 17, 1917, resided in the United States, and are now residing in the United States or Puerto Rico, and who are not citizens or subjects of any foreign country; and

"(c) Except as otherwise provided in this section or in section 1, all persons who, on January 17,, 1917, resided in the Virgin Islands of the United States, and are now residing in those islands, and who are not citizens of the United States."

57 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 : 8 U. S. C. 901), effective January 13, 1941. See sec. 381 (a) of that Act, p. 358, for provisions on this subject.

CITIZENSHIP OF CHEROKEE INDIANS

[Act approved January 25, 1929) That it was not the purpose of Congress when passing the Act of June 4, 1924 (Forty-third Statutes, page 376), to repeal, amend, modify, or abridge the provisions of the Act of June 2, 1924 (Fortythird Statutes, page 253), entitled "An Act to authorize the Secretary of the Interior to issue certificates of citizenship to Indians," which conferred full citizenship upon the Indians composing the Eastern Band of Cherokee Indians, located in the State of North Carolina, and that the citizenship of said Indians be and is hereby confirmed. (45 Stat. 1094.)

REGISTRY OF ALIENS (Act approved March 2, 1929, as amended by Act approved August 7, 1939) Sec. 1.88 That (a) the registry of aliens at ports of entry required by section 1 of the Act of June 29, 1906 (Thirty-fourth Statutes at Large, part 1, page 596), as amended, may be made as to any alien not ineligible to citizenship in whose case there is no record of admission for permanent residence, if such alien shall make a satisfactory showing to the Commissioner of Immigration and Naturalization, in accordance with regulations prescribed by the Commissioner of Immigration and Naturalization,39 with the approval of the Attorney General,40 that he

(1) Entered the United States prior to July 1, 1924; 41

(2) Has resided in the United States continuously since such entry;

(3) Is a person of good moral character; and

(4) Is not subject to deportation.“ (45 Stat. 1512–1513; 8 U.S. C. 106a.)

(b) For each such record of registry made as herein authorized the alien shall pay to the Commissioner of Immigration and Naturalization *' a fee of $10.4 All fees collected under this section shall be deposited in the Treasury as miscellaneous receipts.

** Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. S. C. 904), effective January 13, 1941. See sec. 328 (b) of that Act, p. 377, for similar provisions. ** See footnote 69, p. 476.

See footnote 53, p. 470. « The date was originally June 3, 1921, being changed to July 1, 1924, by the Act of August 7, 1939 (53 Stat. 1243;8 U. S. C. 106a), which read as follows: "That section 1. (a) (i) of the Act of March 2, 1929, entitled "An Act to supplement the naturalization laws, and for other purposes' (45' Stat., ch. 536, p. 1512), which now reads (1) Entered the United States prior to June 3, 1921,' is hereby amended, effective as of the date this Act is enacted, so as to read as follows: ‘(1) Entered the United States prior to July 1, 1924.''

* Subdivision (a) of sec. 1, Act of March 2, 1929 (45 Stat. 1512; 8 U. S. C. 106a), was amended by the following temporary provisions contained in the Açt of June 8, 1934 (48 Stat. 026-927; 8 U. 8. c. 106a):

"Upon application filed with the Commissioner General of Immigration within one year after the approval of this Act such registry may be also made as to any alien not ineligible to citizenship who entered the United States prior to July 1, 1933, in whose case there is no record of admission for permanent residence and (a) who prior to that date could not be deported to any country to which it was lawful to deport him, and (b) who was in the United States as a bona fide political or religious refugee, if such allen sball make a satisfactory showing to the Commissioner General of Immigration, in accordance with regulations prescribed by the Commissioner General of Immigration, with the approval of the Secretary of Labor, that he "(1) Has not been out of the United States since entry; "(2) Is a person of good moral character;

(3) Is not subject to deportation under any law other than the Immigration Act of 1924; and

"(4) Did not, before July 1, 1933, withbold from the immigration authorities of the United States necessary information concerning his personal history sought in con. nection with their application to the authorities of any foreign country for permission to deport him thereto,"

(c) The provisions of section 76 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 the record of registry authorized by this section in the same manner and to the same extent, including penalties, as they apply in respect of the oaths, notices, affidavits, certificates, orders, records, signatures, and other instruments, papers, or proceedings specified in such section 76. (45 Stat. 1513; 8 U.S. C. 106.)

SEC. 2.45 Upon the making of a record of registry as authorized by section 1 of this Act, the certificate of arrival required by the fourth paragraph of the second subdivision of section 4 of such Act of June 29, 1906, as amended, may be issued upon application to the Commissioner of Immigration and Naturalization, in accordance with regulations prescribed by the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, ** and upon payment of the fee prescribed by section 5 of this Act. (45 Stat. 1513; 8 U.S. C. 106b.

Sec. 3.45 For the purposes of the immigration laws and the naturalization laws an alien, in respect of whom a record of registry has been made as authorized by section 1 of this Act, shall be deemed to have been lawfully admitted to the United States for permanent residence as of the date of his entry. (45 Stat. 1513; 8 U. S. C. 106c.)

SEC. 4. No daclaration 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; except that no such certificate shall be required if the entry was on or before June 29, 1906.47 (45 Stat. 1513; as amended by 47 Stat. 166; 8 U.S. C. 377b.)

SEO. 5.4 For every certificate of arrival issued for naturalization purposes a fee of $2.50 shall be paid to the Commissioner of Immigration and Naturalization, which fee shall be paid over to and

For footnote 39 see p. 531.

« Fee, originally $20, was reduced to $10 by sec. 6, Act of April 19, 1934 (48 Stat. 598; 8 U. S. C. 106a). It was subsequently increased to $18 effective Jannary 13, 1941, by sec. 342 (b) (1), Nationality Act of 1940 (54 Stat. 1161; 8 U. &. C. 742 (b))'which see at p. 391.

For the provisions of sec. 76, Act of March 4, 1909, which was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. 8. C. 904), see p. 410. See sec. 346, p. 394, for Penal Provisions of that Act.

* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. 8. C. 904), effective January 13, 1941. See secs. 328 (c) and 329 of that Act, p. 377, for similar provisions. 16 See footnote 53, p. 470.

Sec. 4. Act of March 2, 1929, as amended by sec. 6, Act of May 25, 1932. Prior to May 25, 1932, this section read as follows: "Sec. 4. 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 sball bave been established, and a certificate showing the date, place, and manner of his arrival shall have been issued."

- Sec. 3, Act of April 19, 1934, amending sec. 5 of Act of March 2, 1929 (45 Stat, 1512), which latter section read as follows: "For any certificate of arrival issued for naturalization purposes a fee of $5 shall be paid to the Commissioner of Naturalization, which fee shall be paid over to and deposited in the Treasury in the same manner as other naturalization fees." Repealed by sec. 504 Nationality Act of 1940 (54 Stat 1173; 8 U. S. C. 904), effective January 13, 1941,

w See footnote 69, p. 476.

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