Immigration and Nationality Laws and Regulations, as of March 1, 1944

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]

SEO. 1.38 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," with the approval of the Attorney General, that he

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

(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.2 (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 Nat

* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941.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

41 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) (1) 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 Act of June 8, 1934 (48 Stat. 926-927; 8 U. S. 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 alien shall 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, withhold from the immigration authorities of the United States necessary information concerning his personal history sought in connection with their application to the authorities of any foreign country for permission to deport him thereto."

uralization" a fee of $10.43 All fees collected under this section shall be deposited in the Treasury as miscellaneous receipts.

(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. 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." (45 Stat. 1513; as amended by 47 Stat. 166; 8 U.S. C. 377b.)

SEC. 5. 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.

43 Fee, originally $20, was reduced to $10 by sec. 6, Act of April 19, 1934 (48 Stat. 598; 8 Ú. S. C. 106a). It was subsequently increased to $18 effective January 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. S. 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. S. C. 904), effective January 13, 1941. See secs. 328 (c) and 329 of that Act, p. 377, for similar provisions.

4 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 shall have 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,

See footnote 69, p. 476.

deposited in the Treasury in the same manner as other naturalization fees. (48 Stat. 597; 8 U. S. C. 380a.) 18

SEC. 6.50 (a) The third paragraph of the second subdivision of section 4 of such Act of June 29, 1906, as amended, is amended to read as follows:

"As to each period of residence at any place in the county where the petitioner resides at the time of filing his petition, there shall be included in the petition the affidavits of at least two credible witnesses, citizens of the United States, stating that each has personally known the petitioner to have been a resident at such place for such period, and that the petitioner is and during all such period has been a person of good moral character." 50 (45 Stat. 1513; 8 U. S. C. 379.)

(b) The fourth subdivision of section 4 of such Act of June 29, 1906, as amended, is amended to read as follows:

"Fourth. No alien shall be admitted to citizenship unless (1) immediately preceding the date of his petition the alien has resided continuously within the United States for at least five years and within the county where the petitioner resided at the time of filing his petition for at least six months, (2) he has resided continuously within the United States from the date of his petition up to the time of his admission to citizenship, and (3) during all the periods referred to in this subdivision he has behaved as a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. At the hearing of the petition, residence in the county where the petitioner resides at the time of filing his petition, and the other qualifications required by this subdivision during such residence, shall be proved by the oral testimony of at least two credible witnesses, citizens of the United States, in addition to the affidavits required by this Act to be included in the petition. If the petitioner has resided in two or more places in such county and for this reason two witnesses can not be procured to testify as to all such residence, it may be proved by the oral testimony of two such witnesses for each such

For footnote 48 see p. 532.

Prior to March 2, 1929, the third paragraph of the second subdivision of sec. 4, Act of June 29, 1906 (34 Stat. 597), as amended, read as follows: "The petition shall also be verified by the affidavits of at least two credible witnesses, who are citizens of the United States, and who shall state in their affidavits that they have personally known the applicant to be a resident of the United States for a period of at least five years continuously, and of the State, Territory, or the District of Columbia. In which the application is made for a period of at least one year immediately preceding the date of the filing of his petition, and that they each have personal knowledge that the petitioner is a person of good moral character, and that he is in every way qualified, in their opinion, to be admitted as a citizen of the United States." Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941. See sec. 309 (a) of that Act, p. 363. for similar provisions.

The fourth subdivision of sec. 4. Act of June 29, 1906 (34 Stat. 598), originally read as follows in that Act: "It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the State or Territory where such court is at the time held one year at least and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. In addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence and occupation of each witness shall be set forth in the record." Repealed by sec. 504, Nationality Act of 1840 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941. See sec. 309 (b) and (c) for similar provisions, pp. 363–364.

place of residence, in addition to the affidavits required by this Act to be included in the petition. At the hearing, residence within the United States, but outside the county, and the other qualifications required by this subdivision during such residence shall be proved either by depositions made before a naturalization examiner or by the oral testimony of at least two such witnesses for each place of residence. (45 Stat. 1513-1514; 8 U. S. C. 382.)

"Absence from the United States for a continuous period of more than six months and less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the petition for naturalization, or during the period between the date of filing the petition, and the date of final hearing, shall be presumed to break the continuity of such residence, but such presumption may be overcome by the presentation to the naturalization court of satisfactory. evidence that such individual had a reasonable cause for not returning to the United States during such absence. Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship immediately preceding the date of filing the petition for naturalization or during the period between the date of filing the petition and the date of final hearing, shall break the continuity of such residence, except, that in the case of an alien

"(a) who has been lawfully admitted into the United States for permanent residence,

"(b) who has resided in the United States for at least one year thereafter, and

"(c) who has made a declaration of intention to become a citizen of the United States, who shall be deemed an eligible alien for the purposes of this paragraph and who thereafter has been sent abroad as an employee of or under contract with the Government of the United States, or who thereafter proceeded abroad as an employee or representative of, or under contract with an American institution of research recognized as such by the Attorney General,52 or as an employee of a firm or corporation engaged in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or any such eligible alien as above defined who has proceeded abroad temporarily and has within a period of one year of his departure from the United States become an employee or representative of, or who is under contract with such an American institution of research, or has become an employee of such an American firm or corporation, no such absence shall break the continuity of residence in the United States if

"(1) Prior to the beginning of such absence, or prior to the beginning of such employment, contract, or representation on behalf of an American institution of research or an American firm or corporation as aforesaid, such alien has established to the satisfaction of the Attorney General 52 that his absence for such period is to be on behalf of such government or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged solely or principally in the development of such foreign

See footnote 53, p. 470.

trade and commerce, or whose residence abroad is necessary to the protection of the property rights abroad of such firm or corporation; and

"(2) Such alien proves to the satisfaction of the court that his absence from the United States for such period has been for such purpose.

"An alien who has been lawfully admitted into the United States for permanent residence, and who is the wife or husband of a citizen of the United States so engaged abroad within one of the abovementioned categories, shall be considered as residing in the United States for the purpose of naturalization notwithstanding any absence from the United States.

"This amendment shall not affect cases of aliens who prior to the date of its enactment have established to the satisfaction of the Attorney General,52 pursuant to an Act entitled 'An Act to amend the naturalization laws in respect of residence requirements, and for other purposes,' approved June 25, 1936, that absence from the United States was to be or had been for the purpose of carrying on activities described therein." (52 Stat. 1247–1248; 8 U. Š. C. 382.) 53

For footnote 52 see p. 534.

Joint Resolution of June 29, 1938, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. As originally added to sec. 4, Act of June 29, 1906, by sec. 6 (a) Act of March 2, 1929 (45 Stat. 1513-1514) the second paragraph of the fourth subdivision thereof read as follows: "If an individual returns to the country of his allegiance and remains therein for a continuous period of more than six months and less than one year during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship, the continuity of such residence shall be presumed to be broken, but such presumption may be overcome by the presentation of satisfactory evidence that such individual had a reasonable cause for not returning to the United States prior to the expiration of such six months. Absence from the United States for a continuous period of one year or more during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship shall break the continuity of such residence."

The second paragraph of subdivision 4, sec. 4, Act of June 29, 1906, was subsequently amended by sec. 1, Act of June 25, 1936 (49 Stat. 1925), and between June 25, 1936, and June 29, 1938, read as follows:

"If an individual returns to the country of his allegiance and remains therein for a continuous period of more than six months and less than one year during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship, the continuity of such residence shall be presumed to be broken, but such presumption may be overcome by the presentation of satisfactory evidence that such individual had a reasonable cause for not returning to the United States prior to the expiration of such six months. Absence from the United States for a continuous period of one year or more during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship shall break the continuity of such residence, except that in the case of an alien declarant for citizenship employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Secretary of Labor, or employed by an American firm or corporation engaged in whole or in part in the development of foreign-trade and commerce of the United States or a subsidiary thereof, no period of residence outside the United States shall break the continuity of residence if (1) prior to the beginning of such period (whether such period begins before or after his departure from the United States) the alien has established to the satisfaction of the Secretary of Labor that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the development of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation and (2) such alien proves to the satisfaction of the court that his absence from the United States for such period has been for such purpose." Sec. 2. Act of June 25, 1936, also provided as follows:

"No period of residence outside the United States during the five years immediately preceding the enactment of this Act (June 25, 1936) shall be held to have broken the continuity of residence required by the naturalization laws if the alien proves to the satisfaction of the Secretary of Labor and the court that during all such period of absence he has been under employment by, or contract with, the United States, or such American institution of research, or American firm or corporation, described in section 1 hereof, and has been carrying on the activities described in this Act in their behalf."

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