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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 17 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, 128; 8 U.S. C. 382.) 18

17 See footnote 53, p. 470.

18 Joint Resolution of June 29, 1938, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8_U. 8. 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 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 18 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 it (i) prior to the beginning of such period (whether such period begins before or after bis departure from the United States) the alien bas 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:

NATURALIZATION OF ALIENS SERVING IN COAST GUARD

[Act approved July 30, 1937) 18 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) 23 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 176, Seventy-fifth Congress, first session),22 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.)

"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 au 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 behall."

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.

* 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.

NATURALIZATION OP 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 disposed to the good order and happiness of the United States, and born in Puerto Rico on or after April 11, 1899, who has continued to reside within the jurisdiction of the United States, whose father elected on or before April 11, 1900, to preserve his allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain entered into on April 11, 1899, and who, by reason of misinformation regarding his or her own citizenship status failed within the time limits prescribed by section 5 or section 5a hereof to exercise the privilege of establishing United States citizenship and has heretofore erroneously but in good faith exercised the rights and privileges and performed the duties of a citizen of the United States, and has not personally sworn allegiance to any foreign government or ruler upon or after attainment of majority, may make a sworn declaration of allegiance to the United States before any United States district court. Such declaration shall set forth facts concerning his or her birth in Puerto Rico, good character, attachment to the principles of the Constitution of the United States, and being well disposed to the good order and happiness of the United States, residence within the jurisdiction of the United States, and misinformation regarding United States citizenship status, and shall be accompanied by proof thereof satisfactory to the court. After making such declaration and submitting such proofs, such person shall be admitted to take the oath of allegiance before the court, and thereupon shall be considered a citizen of the United States." (52 Stat. 377; 8 U.S.C. 5a-1.)

* 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.

EFFECT OF ABSENCE FROM UNITED STATES

a

[Joint Resolution approved June 29, 1938) 25 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

* For discussion of previous amendments to subd. 4, sec. 4, Act of June 29. 1906 see footnote 52 to that Act at p. 469. This Joint Resolution was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904), effective January 13, 1941. See sec. 307 (6), p. 361, of that Act for smiliar provisions.'

(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

a 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,2 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 insti. tution of research, or has become an employee of such an American firm or corporatiton, 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 26 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 above-mentioned 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,26 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. Č. 382.)

a

* See footnote 53, p. 470.

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