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NATURALIZATION OF ALIENS VETERANS INELIGIBLE TO CITIZENSHIP

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[Act approved June 24, 1935] "

[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,

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 the 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 citizenship; 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 heretofore 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 stamped, 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.)"

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.) 18

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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. S. 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 has 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 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 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. 368, of the Nationality Act of 1940 for provisions on the same subject in that Act.

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," 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 " 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 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," 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. S. C. 382.) 18

17 See footnote 53, p. 470.

"Joint Resolution of June 29, 1938, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904). See sec. 307 (b), p. 361, of that Act for similar provisions. Between June 25, 1936 and June 29, 1938, the second paragraph of subdivision 4, sec. 4, Act of June 29, 1906, as amended by the Act of March 2, 1929 (45 Stat. 1514), read as follows:

"If an individual returns to the country of his allegiance and remains therein for 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

NATURALIZATION OF ALIENS SERVING IN COAST GUARD
[Act approved July 30, 1937] 19

SEC. 3. Subdivision "Seventh" of sec. 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. (34 Stat. 598; U. S. C., 1934 edition, title 8, sec. 388), is hereby further amended by inserting in line 4 thereof, after the words "Naval Auxiliary Service," the words "or the Coast Guard."20 (50 Stat. 548-549; 8 U. S. C. 388.)

CITIZENSHIP STATUS OF CERTAIN PERSONS BORN IN THE CANAL ZONE AND IN THE REPUBLIC OF PANAMA

[Act approved August 4, 1937]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

SEC. 2. Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, is declared to be a citizen of the United States. (50 Stat. 558.)

EXTENSION OF TIME FOR REENLISTMENT OF ALIENS IN MILITARY SERVICE PENDING NATURALIZATION

[Act approved August 19, 1937]

That, notwithstanding the language contained in the second proviso on page 6 of the Act of July 1, 1937 (Public, Numbered

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 bis 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 of said Act of June 25, 1936, provided as follows:

"SEC. 2. 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."

19 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. See sec. 324, p. 372, of that Act for provisions on the same subject.

20 For provisions of this subdivision prior to July 30, 1937, see footnote 58 to Act of June 29, 1906, as amended, at p. 473.

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904), effective Jan. 13, 1941,

176, Seventy-fifth Congress, first session)," or any other Act, during the three-year period following the enactment of this Act, enlisted personnel of the Army who have legally declared their intention to become citizens, or who do so during their current enlistment, or who have been discharged from the Army since July 1, 1937, and who also agree to complete expeditiously their naturalization and become citizens of the United States may be reenlisted and receive the pay to which, except for the aforesaid proviso, they would otherwise be legally entitled: Provided, That Filipinos who were serving in the Army on July 1, 1937, may be reenlisted without regard to their citizenship status, and receive the pay to which otherwise legally entitled. (50 Stat. 696; Pub., No. 317, 75th Cong., ch. 698, 1st sess.)

NATURALIZATION OF ALIEN VETERANS, INCLUDING VETERANS OF ALLIED ARMIES

[Act approved August 23, 1937] *

[Section 1 of this Act continued in force and effect to include petitions for naturalization prior to May 25, 1938.]

CITIZENSHIP STATUS OF CERTAIN PERSONS BORN IN PUERTO RICO

[Act approved May 16, 1938] 24

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a new section is hereby inserted between sections 5b 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. 5c. That any person of good character, attached to the principles of the Constitution of the United States, and well dis

This proviso reads as follows (50 Stat. 446) :

"Provided further, That no part of this or any other appropriation contained in this Act shall be available for the pay of any person, civil or military, not a citizen of the United States, unless in the employ of the Government or in a pay status under appropriations carried in this Act on July 1, 1937, nor for the pay of any such person beyond the period of enlistment or termination of employment, but nothing herein shall be construed as applying to instructors of foreign languages at the Military Academy, or to Filipinos in the Army Transport Service, or to persons employed outside of the continental limits of the United States except enlisted men of the Regular Army, other than Philippine Scouts, upon expiration of enlistment."

23 50 Stat. 743 and 744. The provisions of this Act read as follows: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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, 1938, 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 five 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 5, 1917, or who 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, That 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, shall prescribe such rules and regulations as may be necessary for the enforcement of this Act.'

24 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904). effective January 13, 1941.

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