Lapas attēli
PDF
ePub

SEC. 2. Section 1 of this Act shall take effect sixty days after its enactment. A declaration of intention made before the expiration of such sixty-day period, whether before or after the enactment of this Act, in which appears an erroneous statement of allegiance, shall not be held invalid for such cause if the error was due to a change of political boundaries, or the creation of new countries, or the transfer of territory from one country to another. Nothing in this section shall permit the reinstatement of a petition for naturalization dismissed for such cause, but in such a case the benefits of this section may be obtained by filing a new petition before the expiration of the period of validity of the declaration of intention. (45 Stat. 1545-1546; 8 U. S. C. 373.)

SEC. 3.78

Expired by limitation.]

CITIZENSHIP OF CHEROKEE INDIANS

[Act approved June 19, 1930]

That all noncitizen Cherokee Indians born within the territorial limits of the United States and resident in the State of North Carolina are hereby declared to be citizens of the United States and entitled to all the rights, privileges, and immunities belonging to such citizens, including the right of franchise, provided they can meet and conform to the educational and other tests imposed upon voters of the State of North Carolina, as a condition precedent to the exercise of such right of franchise. All Acts or parts of Acts of Congress inconsistent herewith are hereby repealed. Nothing contained in this Act shall in any manner impair or otherwise affect the right of any Indian to tribal or other property. (46 Stat 787; 8 U. S. Č. 3a.)

CERTIFICATE of repATRIATION

[Act approved June 21, 1930] TM

That the twelfth subdivision of section 4 of the Naturalization Act of June 29, 1906, as amended, is amended by adding at the end thereof the following paragraph:

"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,80 accompanied by two photographs of the

of eighteen years, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly, by name to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. And such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien: Provided, however, That no alien who, in conformity with the law in force at the date of his declaration, has declared his intention to become a citizen of the United States shall be required to renew such declaration." 78 This section provided as follows (45 Stat. 1546):

"SEC. 3. An allen veteran, as defined in sec. 1 of the Act of May 26, 1926 (ch, 398, 44 Stat. 654, title 8, sec. 241, U. S. Code, 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 alien if he had petitioned before the armistice of the World War, except that such alien shall be required to appear and file his petition in person and to take the prescribed oath of allegiance in open court."

Repealed by sec. 504, Nationality Act of 1910 (54 Stat. 1173: 8 U. S. C. 904). effective January 13, 1941. See secs. 323, p. 371, 341 (a), p. 390, and 342 (b) (7), p. 391, of that Act for provisions on same subject.

See footnote 61, p. 474.

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.” 81 (46 Stat. 791; 8 U. S. C. 18.)

NATURALIZATION AND CITIZENSHIP OF MARRIED WOMEN

[Act approved July 3, 1930] "

SEC. 1. That the last three sentences of section 3 of the Act entitled "An Act relative to the naturalization and citizenship of married women," approved September 22, 1922 (relating to the presumption of loss of citizenship by married women by residence abroad), are repealed, but such repeal shall not restore citizenship lost under such section 3 before such repeal. (46 Stat. 854; 8 U.S. C. 9.)

SEC. 2.83 (a) Section 4 of such Act of September 22, 1922, is amended to read as follows:

"SEC. 4. (a) A woman who has lost her United States citizenship by reason of her marriage to an alien eligible to citizenship or by reason of the loss of United States citizenship by her husband may, if eligible to citizenship and if she has not acquired any other nationality by affirmative act, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

"(1) No declaration of intention and no certificate of arrival shall be required, and no period of residence within the United States or within the county where the petition is filed shall be required;

(2) The petition need not set forth that it is the intention of the petitioner to reside permanently within the United States;

"(3) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner;

"(4) 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 her naturalization such woman shall have the same citizenship status as if her marriage, or the loss of citizenship by her husband, as the case may be, had taken place after this section, as amended, takes effect."

[ocr errors]

81 For text of twelfth subdivision as it was added to sec. 4, Act of June 29, 1906, as amended by sec. 1, Act of May 9, 1918 (40 Stat. 545-546), see p. 516.

The provisions of this Act, except those contained in section z thereof, were not repealed by the Nationality Act of 1940 (54 Stat. 1137). 83 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. See sec. 317 (a) of that Act, p. 367, for similar provisions.

(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 OF 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, 1918.85 (46 Stat. 1087; 8 U.S. C. 366a.)

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

86

[Act approved March 3, 1931]

SEC. 1.8 That section 5 of the Naturalization Act of June 29, 1906, as amended, is amended to read as follows:

88

"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." 90 (46 Stat. 1511; 8 U. S. C. 397.) SEC. 2.91 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." (46 Stat. 1511; 8 U. S. C. 396.)

90

SEC. 3.84 (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

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904). effective 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 (d), p. 364, for similar provisions in that Act.

See footnote 61, p. 474.
See footnote 69, p. 476.
See footnote 53, p. 470.

90 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. S. C. 904). effective January 13, 1941. See sec. 334 (c), p. 383, of that Act for provisions on this same subject.

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:

(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 citizenship 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

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

4 The provisions of sec. 1 (a), Act of May 25, 1932 (47 Stat. 165), relating to the naturalization of alien 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

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.)

SEC. 2.95 (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," 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 97 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

have been accorded to such alien 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 file 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. 564, Act of June 21, 1939.

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

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. S. C. 904), effective January 13, 1941. See secs. 341 (d) and (e), pp. 390-391, and 342 (b) (8), p. 391, for provisions in that Act on the same subject. See footnote 69, p. 476.

« iepriekšējāTurpināt »