Lapas attēli
PDF
ePub

(b) The amendment made by this section to section 4 of such Act of September 22, 1922, shall not terminate citizenship acquired under such section 4 before such amendment. (46 Stat. 854; 8 U.S. C. 369.)

SEC. 3. (Relates to nonquota status of women repatriated by marriage.]

WITHDRAWAL OP DECLARATION OF INTENTION

(Act approved February 11, 1931) · That, notwithstanding any provision of law to the contrary, no alien shall be debarred from becoming a citizen of the United States on the ground that he withdrew his intention to become a citizen of the United States in order to secure discharge from the military service, if such withdrawal (and the application therefor) and discharge took place after November 11, 1918.86 (46 Stat. 1087; 8 U. S. C. 366a.)

SUBPOENA OP WITNESSES; NATURALIZATION OF PERSONS ESTABLISHING RESIDENCE ABROAD PRIOR TO JANUARY 1, 1917; AND CITIZENSHIP OF MARRIED WOMEN

[Act approved March 3, 1931) Sec. 1.86 That section 5 of the Naturalization Act of June 29, 1906, as amended, is amended to read as follows:

“Sec. 5. The clerk of the court shall, if the petitioner requests it at the time of filing the petition for citizenship, issue a subpoena for the witnesses named by such petitioner to appear upon the day set for the final hearing, but in case such witnesses can not be produced upon the final hearing other witnesses may be summoned upon notice to the Immigration and Naturalization Service 87 in such manner and at such time as the Commissioner of Immigration and Naturalization, with the approval of the Attorney General,89 may by regulation prescribe.” 30 (46 Stat. 1511; 8 U. s. C. 397.)

Sec. 2.So much of section 6 of such Act, as amended, as reads "and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition" is amended to read as follows: "and in no case shall final action be had upon a petition until at least ninety days have lapsed after filing of such petition." DO (46 Stat. 1511; 8 U. S. C. 396.)

SEC. 3.8. (a) Any person, born in the United States, who had established permanent residence in a foreign country prior to January 1, 1917, and who has heretofore lost his United States citizenship by becoming naturalized under the laws of such foreign country, may, if eligible to citizenship and if, prior to the enactment of this Act, he has been admitted to the United States for permanent residence, be naturalized upon full and complete compliance with all of the requirements of the naturalization laws, with the following exceptions:

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

* For provisions of sec. 4. Act of July 9, 1918 (Ch. XII, 40 Stat. 885), and sec. 1, Act of August 31, 1918 (40 Stat. 955), relating to effect of withdrawal of declaration of intention, see p. 520.

* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. S. C. 904), effective January 13, 1941. See sec. 309 (a), p. 364, for similar provisions in that Act.

* See footnote 61, p. 474. # See footnote 69, p. 476. * See footnote 53, P. 470.

80 For provisions of this section as it originally read in the Act of June 29, 1906, see footnote 93 to that Act, p. 481.

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. 8. C. 904). effective January 13, 1941. See sec. 334 (c), p. 383, of that Act for provisions on this same subject.

(1) The five-year period of residence within the United States shall not be required;

(2) The declaration of intention may be made at any time after admission to the United States, and the petition may be filed at any time after the expiration of six months following the declaration of intention;

(3) If there is attached to the petition, at the time of filing, a certificate from a naturalization examiner stating that the petitioner has appeared before him for examination, the petition may be heard at any time after filing.

(b) After naturalization such person shall have the same citizens status as immediately preceding the loss of United States citizenship. (46 Stat. 1511; 8 U.S. C. 372a.)

SEC. 4.92 (a) Section 3 of the Act entitled "An Act relative to the naturalization and citizenship of married women,” approved September 22, 1922, as amended, is amended to read as follows:

"SEC. 3. (a) A woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after this section, as amended, takes effect, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens.

“(b). Any woman who before this section, as amended, takes effect, has lost her United States citizenship by residence abroad after marriage to an alien or by marriage to an alien ineligible to citizenship may, if she has not acquired any other nationality by affirmative act, be naturalized in the manner prescribed in section 4 of this Act, as amended. Any woman who was a citizen of the United States at birth shall not be denied naturalization under section 4 on account of her race.

"(c) No woman shall be entitled to naturalization under section 4 of this Act, as amended, if her United States citizenship originated solely by reason of her marriage to a citizen of the United States or by reason of the acquisition of United States citizenship by her husband.” (46 Stat. 1511-1512; 8 U.S. C. 9.)

(b) Section 5 of such Act of September 22, 1922, is repealed.”

DEEMING AS INVALID PETITION MADE OUTSIDE OF THE UNITED STATES

[Act approved May 25, 1932) * SEC. 1. (b) 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. C. 392b.)

la Repealed by sec, 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. S. C. 904), erective January 13, 1941. See sec. 317, p. 367, for provisions of that Act on the same subject.

* For provisions of sec. 5, Act of September 22, 1922, as that section read prior to its repeal, see footnote 27 to that Act, p. 526.

24. The provisions of sec. 1 (a), Act of May 25, 1932 (47 Stat. 165), relating to the naturalization of allen veterans, expired by reason of the two-year limitation therein. Sec. 1 (a), of said Act, provided as follows:

"Sec. 1. That (a) an alien veteran, as defined in section 1 of the Act of May 26, 1926 (ch, 398, 44 Stat. 654; title 8, sec. 241, U. S. C., Supp. 1), 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 allen if he had petitioned before the armistice of the World War, except that (1) such alien shall be required to prove that immediately preceding the date of his petition he has resided continuously within the United States for at least two years, in pursuance of a legal admission for permanent residence, and that during all such period he has behaved as a person of good moral character ; (2) if such admission was subsequent to March 3, 1924, such alien shall Ale with his petition a certificate of arrival issued by the Commissioner of Immigration and Naturalization ; (3) final action shall not be had upon the petition until at least ninety days have elapsed after filing of such petition; and (4) such alien shall be required to appear and file his petition in person, and to take prescribed oath of allegiance in open court. Such residence and good moral character shall be proved either by the affidavits of two credible witnesses who are citizens of the United States, or by depositions by two such witnesses made before a naturalization examiner, for each place of residence." See extensions of this Act, footnote 14, p. 555, Act of June 24, 1935; footnote 15, p. 556, Act of June 24, 1935 (racially ineligible aliens) ; footnote 31, p. 504, Act of June 21, 1939.

SEC. 2.85 (a) The seventh subdivision of section 4 of the Naturalization Act of June 29, 1906, as amended, is amended by striking out “the National Guard or Naval Militia of any State, Territory, or the District of Columbia, or the State militia in Federal service,

(b) This section shall not be applied in the case of any individual whose petition for naturalization has been filed before the enactment of this Act. (47 Stat. 165; 8 U. S. C. 388.)

Sec. 3. The last proviso in the first paragraph of the seventh subdivision of section 4 of such Act of June 29, 1906, as amended, is amended by striking out the period at the end thereof and inserting in lieu thereof a semicolon and the following: "except that this

proviso shall not apply in the case of service on Americanowned vessels by an alien who has been lawfully admitted to the United States for permanent residence.” (47 Stat. 165; 8 U.S.C. 384.)

SEC. 4. Section 32 of such Act of June 29, 1906, as amended, is amended by adding at the end thereof the following new subdivisions:

"(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 $5,9% 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 o7 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

* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), efective January 13, 1941.

be Fee, originally $10 by terms of this subdivision, 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; 8 U. 8. C. 904), effective January 13, 1941. See secs. 341 (d) and (e), pp. 300-391, and 342 (b) (8), p. 391, for provisions in that Act on the same subject.

See footnote 69, p. 476.

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 the court.” (47 Stat. 166; 8 U.S. C. 399b (b).)

Sec. 5. So much of subdivision (a) of section 33 of such Act of June 29, 1906, as amended, as reads "Upon obtaining a certificate from the Attorney General showing the date, place, and manner of arrival in the United States,” is hereby repealed. (47 Stat. 166; 8 U. S. C. 399c (a).)

SEC. 6.99 Section 4 of the Act entitled “An Act to supplement the naturalization laws, and for other purposes," approved March 2, 1929, is amended by striking out the period at the end thereof and inserting in lieu thereof a semicolon and the following: "except that no such certificate shall be required if the entry was on or before June 29, 1906.". (47 Stat. 166; 8 U. S. C. 377b.)

Sec. 7. (Omitted as it relates to conditions under which certain deported aliens may reenter the United States.] (47 Stat. 166; 8 U.S. C. 181.)

SEC. 8.99 The compilation of the statistics to show races, nationalities, and other information, authorized and directed to be prepared by the Commissioner of Immigration and Naturalization, shall be completed and published at the same time, as near as practicable, as the publication of the statistics of the 1930 census; except that reports covering the census of 1910 shall be completed and submitted not later than January 31, 1933, and reports covering the census of 1920 not later than December 31, 1933. Such statistics shall show the records of registry made under the provisions of the Act entitled "An Act to supplement the naturalization laws, and for other purposes," approved March 2, 1929. Payment for the equipment used in preparing such compilation shall be made from appropriations for miscellaneous expenses of the Immigration and Naturalization Service. (47 Stat. 166; 8 U. S. C. 399e.)

SEO. 9. The Secretary of the Treasury, upon the recommendation of the Attorney General,98 is authorized to provide quarters, without payment of rent, in the building occupied by the Immigration and Naturalization Service in New York City, for a photographic studio operated by welfare organizations without profit and solely for the benefit of aliens seeking naturalization. Such studio shall be under the supervision of the Commissioner of Immigration and Naturalization. (47 Stat. 166; 8 U.S. C. 356a.)

Sec. 10. The tenth subdivision of section 4 of the Act of June 29, 1906 (ch. 3592, 34 Stat. 598), as amended by the Act of May 9, 1918 (ch. 69, 40 Stat. 545; U. S. C., title 8, sec. 377), is hereby amended to read as follows:

“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 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. 166-167; 8 U.S. C. 377.)

See footnote 53, p. 470. * Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. See sec. 345, p. 394, of that Act for similar provisions.

1 See footnote 69, p. 476. * See footnote 61, p. 474.

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. 8. C. 904), effective January 13, 1941. See secs. 327 (h), p. 376, and 320, p. 370, for similar provisions in that Act.

CITIZENSHIP AND NATURALIZATION OF CERTAIN INHABITANTS OF THE VIRGIN ISLANDS-RESIDENCE IN THE VIRGIN ISLANDS

[Act approved June 28, 1932) SEC. 5. Section 1 of the Act entitled "An Act to confer ed States citizenship upon certain inhabitants of the Virgin Islands and to extend the naturalization laws thereto," approved February 25, 1927, is amended by adding at the end thereof the following:

"(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 any foreign country, regardless of their place of residence on January 17, 1917.” (47 Stat. 336; 8 U. S. C. 5b.)*

NATURALIZATION OF WOMEN BORN IN HAWAII

(Act of July 2, 1932, as amended by Act approved July 1, 1940]" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled “An Act relating to the naturalization of certain women born in Hawaii,” approved July 2, 1932, is amended to read as follows: That for the purposes of subdivision (b) of section 3 of the Act entitled "An Act relative to the naturalization and citizenship of married women," approved September 22, 1922, as amended, a woman born in Hawaii prior to June 14, 1900, shall be considered to have been a citizen of the United States at birth. (54 Stat. 707; 8 U. S. C. 368b.)

REORGANIZATION OF EXECUTIVE DEPARTMENTS

(Act approved March 3, 1933) Sec. 16. Title IV of Part II of the Legislative Appropriation Act, fiscal year 1933, is amended to read as follows:

For provisions of sec, 1, Act of February 25, 1927 (44 Stat. 1235), prior to addition of subdivision (d) thereto, see p. 529.

6 The Act of July 2, 1932, in its unamended form read as follows:

"That for the purposes of subdivision (b) of section 3 of the Act entitled 'An Act relative to the naturalization and citizenship of married women,' approved September 22, 1922, as amended, a woman born in Hawaii prior to June 14, 1900, shall, if residing in the United States on the date of enactment of this Act, be considered to have been a dtizen of the United States at birth."

« iepriekšējāTurpināt »