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the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Immigration and Naturalization Service.” 10 (48 Stat. 797; 8 U. S. C. 6.)

Sec. 2. Section 5 of the Act entitled "An Act in reference to the expatriation of citizens and their protection abroad," approved March 2, 1907, as amended, is amended to read as follows:

"SEC. 5. That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the father or the mother: Provided, That such naturalization or resumption shall take place during the minority of such child: And provided further, That the citizenship of such minor child shall begin five years after the time such minor child begins to reside permanently in the United States.” 11 (48 Stat. 797; 8 U.S. C. 8.)

SEC. 3. A citizen of the United States may upon marriage to a foreigner make a formal renunciation of his or her United States citizenship before a court having jurisdiction over naturalization of aliens, but no citizen may make such renunciation in time of war, and if war shall be declared within one year after such renunciation then such renunciation shall be void. (48 Stat. 797; 8 U. S. C. 17a.)

SEC. 4. Section 2 of the Act entitled "An Act relative to the naturalization and citizenship of married women," approved September 22, 1922, is amended to read as follows:

"SEC. 2. That an alien who marries a citizen of the United States, after the passage of this Act, as here amended, or an alien whose husband or wife is naturalized after the passage of this Act, as here amended, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, he or she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

“(a) No declaration of intention shall be required.

"(b) In lieu of the five-year period of residence within the United States and the one-year period of residence within the State or Territory where the naturalization court is held, he or she shall have resided continuously in the United States, Hawaii, Alaska, or Puerto Rico for at least three years immediately preceding the filing of the petition.” (48 Stat. 797; 8 U.S. C. 368.)

10 Prior to its amendment at 12 noon (E. S. T.) May 24, 1934, sec. 1993, United States Revised Statutes read as follows: "All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizeng thereof, are declared to be citizens of the United States ; but the rights of citizenship shall not descend to children whose fathers never resided in the United States."

11 Prior to its amendment at 12 noon (E. S. T.) May 24, 1934, sec. 5, Act of March 2, 1907 (34 Stat. 1229), read as follows: "That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent: Provided, That such naturalization or resumption takes place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States."

SEO. 5. The following Acts and parts of Acts, respectively, are repealed: The Act entitled “An Act providing for the naturalization of the wife and minor children of insane aliens, making homestead entries under the land laws of the United States, approved February 24, 1911; subdivision "Sixth" of 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; and section 8 of the Act entitled “An Act relative to the naturalization and citizenship of married women," approved September 22, 1922, as said section was added by the Act approved July 3, 1930, entitled "An Act to amend an Act entitled ‘An Act relative to naturalization and citizenship of married women,' approved September 22, 1922."

The repeal herein made of Acts and parts of Acts shall not affect any right or privilege or terminate any citizenship acquired under such Acts and parts of Acts before such repeal. (48 Stat. 798; 8 U. S. C. 371, 375, 137a.)

CITIZENSHIP OF PERSONS BORN IN PUERTO RICO

(Act approved June 27, 1934) That a new section is hereby inserted between sections 5a and 6 of the Act entitled "An Act to provide a civil government for Puerto Rico, and for other purposes," approved March 2, 1917, as amended, as follows:

“Sec. 5b. All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act) and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country: And provided further, 12 That any woman, native of Puerto Rico, and permanently residing therein, who, prior to March 2, 1917, had lost her American nationality by reason by her marriage to an alien eligible to citizenship, or by reason of the loss of the United States citizenship by her husband, may be naturalized under the provisions of section 4 of the Act of September 22, 1922, entitled 'An Act relative to the naturalization and citizenship, of married women,' as amended.” (48 Stat. 1245; 48 U.S. C. 733b.)

1 Second proviso repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. 8. C. 904), effective January 13, 1941.

PROTECTION OF AMERICAN SEAMEN; REPEAL

(Act approved June 15, 1935) Sec. 1. That subdivision "Eighth" of section 4 of the Act of June 29, 1906, entitled “An Act to establish a Bureau of Immigration and Naturalization and to provide a uniform rule for the naturalization of aliens throughout the United States," as amended by section 1 of the Act entitled "An Act to amend the naturalization laws and to repeal certain sections of the Revised Statutes of the United States and other laws relating to naturalization, and for other purposes," approved May 9, 1918 (U. S. C., title 8, sec. 376), is hereby repealed.13

SEC. 2. This Act shall take effect ninety days after its enactment. (49 Stat. 376; 8 U. S. C. 376.)

NATURALIZATION OF ALIEN VETERANS, INCLUDING VETERANS OF ALLIED

ARMIES

16

(Act of June 24, 1935) 1 [This Act continued in force and effect the provisions of the Act of May 25, 1932 (47 Stat. 165), concerning the naturalization of alien veterans to include petitions for naturalization filed by such veterans prior to May 25, 1937.]

2.2 Subdivision 8, sec. 4, Act of June 29, 1906, as added to sald Act by sec. 1 Act of May

9, 1918 (40 Stat. 542, 544), provided as follows:

*Eighth. That every seaman, being an alien, shall, after his declarattion of intention to become a citizen of the United States, and after he shall bave 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 fishing 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 citi. zen, be deemed such after the filing 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.'

14 49 Stat. 395. The provisions of this Act read as follows:

"it enacted by the Senate and House of Representatives of the United States of America in Congress 488embled, That subdivision (a) of section 1 of the Act entitled 'An Act to further amend the naturalization laws, and for other purposes', approved May 25, 1932 (47 Stat. 165; U. S. C., Supp. VII, title 8, sec. 392b (a)) shall, as herein amended, continue in force and effect to include petitions for citizenship filed prior to May 25,

1937, with any court having naturalization Jurisdiction : Provided, That for the purposes of this Act clause (1) of subdivision (a) of section 1 of the aforesaid Act of May 25, 1932, is amended by striking out the words "all such period" and in lieu thereof inserting the words "the ive years immediately preceding the filing of his petition."

“SEC, 2. The provisions of section 1 of this Act are hereby extended to include any alien lawfully admitted into the United States for permanent residence who departed therefrom between August 1914, and April 6, 1917, or who, having been denied entry into the military and naval forces of the United States, departed therefrom subsequent to April 5, 1917, for the purpose of serving, and actually served prior to November 11, 1918, in the military or naval forces of any of the countries allied with the United States in the World

War and was discharged from such service under honorable circumstances : Provided, Tbat before any applicant for citizenship under this section is admitted to citizenship, the court shall be satisfied by competent proof that he is entitled to, and has complied in all respects with, the provisions of this Act; and that he was and had been a bona fide lawfully admitted resident in the United States for two years before the passage of this Act.

"SEC. 3. The Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, shan prescribe such rules and regulations as may be nec essary for the enforcement of tbis Act.” (49 Stat. 396 ; U. 8. C., title 8 sec. 392b, 392c, 392d.)

See also Act of June 24, 1935 (49 Stat. 397) and Act of June 21, 1939 (53 Stat. 851) extending the provisions of this Act.

568700_44-26

NATURALIZATION OF ALIENS VETERANS INELIGIBLE TO CITIZENSHIP

[Act approved June 24, 1935) 16 [Section 1 of this Act required that petitions for naturalization thereunder must be filed prior to January 1, 1937.]

REPATRIATION OF NATIVE-BORN WOMEN WHO LOST CITIZENSHIP BY

MARRIAGE

(Act approved June 25, 1936, as amended by Act approved July 2, 1940) That hereafter a woman, being a native-born citizen, who has or is believed to have lost her United States citizenship solely by reason of her marriage prior to September 22, 1922, to an alien, and whose marital status with such alien has or shall have terminated or who has resided continuously in the United States since the date of such marriage, shall be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922: Provided, however, That no such woman shall have or claim any rights as a citizen of the United States until she shall have duly taken the oath of allegiance as prescribed in section 4 of the Act approved June 29, 1906 (34 Stat. 596; U.S. C., title 8, sec. 381), at any place within or under the jurisdiction of the United States before a court exercising naturalization jurisdiction thereunder or, outside of the jurisdiction of the United States, before a secretary of embassy or legation or a consular officer as prescribed in section 1750 of the Revised Statutes of the United States (U. S. C., title 22, sec. 131); and such officer before whom such oath of allegiance shall be taken shall make entry thereof in the records of his office or in the naturalization records of the court, as the case may be, and shall deliver to such person taking such oath, upon demand, a certified copy of the proceedings had, including a copy of the oath administered, under the seal of his office or of such court, at a cost not exceeding $1, which shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department of the United States. (54 Stat. 715; 8 U.S. C. 9a.) 16

15 49 Stat. 397. The provisions of this Act read as follows: "SEC. 1. That notwithstanding the racial limitations contained within section 2169 of the Revised Statutes of the United States, as amended (U. S. C., title 8. sec. 359), and within section 14 of the Act of May 6, 1882, as amended (U. S. C., title 8, sec. 363), any alien veteran of the World War heretofore ineligible to citizenship because not a free white person or of African nativity or of African descent may be naturalized under this Act if he

"(a) Entered the service of the armed forces of the United States prior to November 11, 1918;

"(b) Actually rendered service with armed forces of the United States between April 6, 1917, and November 11, 1918;

"(c) Received an honorable discharge from such service for any reason other than his alienage ;

"(d) Resumed his previous permanent residence in the United States or any Territory thereof; and

*(e) Has maintained a permanent residence continuously since the date of discharge and is now a permanent resident of the United States or any Territory thereof; upon compliance with all the requirements of the naturalization laws, except"(f) No certificate of arrival and no declaration of intention shall be required:

"(g) No additional residence shall be required before the filing of petition for certificate of citizensbip; and

"(h) The petition for certificate of citizenship shall be filed with a court baving naturalization jurisdiction prior to January 1, 1937.

"SEC. 2. Certificates of citizenship heretofore issued and beretofore granted by any court having naturalization jurisdiction under the provisions of the Act of May 9, 1918. or of the Act of July 19, 1919, to any alien veteran who is eligible to be naturalized under the provisions of section 1 of this Act, and orders or judgments authorizing such certificates, are hereby declared to be valid for all purposes insofar as the race of the veteran is concerned. Such certificates may be stamperi, declaring their validity under this Act, by the Commissioner of Immigration and Naturalization upon submission of satisfactory proof to establish identity.

"Certificates declared valid under the foregoing paragraph, which have been lost, mutilated, destroyed, or surrendered to any official of the United States may be replaced by a new certificate bearing date of original certificate upon compliance with the provisions of section 32 (a) of the Act of June 29, 1906, as amended.

"SEC. 3. On applications filed for any benefits under this Act, the requirement of fees for naturalization documents is hereby waived. (49 Stat. 397-398; 8 U. S. C.. Supp. IV, sec. 392f.)"

EFFECT OF ABSENCE FROM UNITED STATES

(Act approved June 25, 1936, as amended by Joint Resolution of June 29, 1938)

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the second paragraph of the fourth subdivision of section 4 of the Naturalization Act of June 29, 1906 (U.S.C., title 8, sec. 382), as amended by section 1 of the Act of June 25, 1936 (49 Stat. 1925), is amended to read as follows:

"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

18 Act of July 2, 1940, amending Act of_June 25, 1936 (49 Stat. 1917). Prior to its amendment on July 2, 1940, the Act of June 25, 1936, which latter Act was repealed by sec. 504 Nationality Act of 1940 (54 Stat. 1174; 8 U. 8. C. 904), read as follows:

That hereafter a woman, being a native-born citizen, who has or is believed to have lost her United States citizenship solely by reason of her marriage prior to September 22, 1922, to an alien, and whose marital status with such alien bas or shall have terminated, shall be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922: Provided, however, That no such woman shall have or claim any rights as a citizen of the United States until she shall have duly taken the oath of allegiance as prescribed in section 4 of the Act approved June 29, 1906 (34 Stat. 596; U. S. C., title 8, sec. 381). at any place within or under the jurisdiction of the United States before a court exercis. ing naturalization jurisdiction thereunder or, outside of the jurisdiction of the United States, before a secretary of embassy or legation or a consular officer as prescribed in section 1750 of the Revised Statutes of the United States (U. S. C., title 22, sec. 131); and suth officer before whom such oath of allegiance shall be taken shall make entry thereof in the records of his office or in the naturalization records of the court, as the case may be, and shall deliver to such person taking such oath, upon demand, a certified copy of the proceedings had, including a copy of the oath administered, under the seal of his office or of such court, at a cost not exceeding $1, which shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department of the United States."

See sec. 317 (b), p. 308, of the Nationality Act of 1940 for provisions on the same subject in that Act.

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