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posed 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.)

EFFECT OF ABSENCE FROM UNITED STATES

[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

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 (b), p. 361, of that Act for smiliar provisions.

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 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 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.)

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VALIDATION OF CERTIFICATES OF NATURALIZATION GRANTED BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

[Act approved June 29, 1938]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all certificates of naturalization granted by the United States District Court for the District of Hawaii between January 1, 1919, and July 1, 1922, are hereby declared to be valid insofar as failure of the record to contain final order under the hand of the court is concerned, but shall not be by this Act further validated or legalized. (52 Stat. 1249.)

ALLEGATIONS AS TO RENUNCIATION OF ALLEGIANCE

[Act approved June 20, 1939] #

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first subdivision of section 4 of the Act of June 29, 1906, as amended (45 Stat. 1545; U. S. C., title 8, sec. 373), is amended to read as follows: "First. He shall declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States and to reside permanently therein, and that he will, before being admitted to citizenship renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty. Such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence, 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. No declaration of intention or petition for naturalization shall be made outside of the office of the clerk of court." 28 (53 Stat. 843; 8 U. S. C. 373.)

SEC. 2. The second paragraph of the second subdivision of section 4 of the Act of June 29, 1906 (34 Stat. 597; U. S. C., title 8, sec. 379), is amended to read as follows: "The petition shall set forth that he is not a disbeliever in or opposed to organized government or a member of or affiliated with any organization or body or persons teaching disbelief in or opposed to organized government, a polygamist or believer in the practice of polygamy, and that it is his intention to become a citizen of the United States and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and that it is his intention to reside permanently within the United States, whether or not he has been denied admission as a citizen of the United States, and if denied, the ground or grounds of such denial, the court or courts in which such decision was rendered, and that the

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), effective January 13, 1941. See sec. 331, p. 378, of that Act for provisions covering allegations in the declaration.

For provisions of this subdivision as it read prior to June 20, 1939, see footnote 43 to Act of June 29, 1906, as amended, at p. 466.

cause for such denial has been since cured or removed and every fact material to his naturalization and required to be proved upon the final hearing of his application." 2 (53 Stat. 843-844; 8 U.S.C. 379.)

SEC. 3. The third subdivision of section 4 of said Act of June 29, 1906 (34 Stat. 597-598; U. S. C., title 8, sec. 381), is amended to read as follows: "He shall, before he is admitted to citizenship, declare on oath, in open court, that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of which he was before a citizen or subject; and he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear truth faith and allegiance to the same. 99 80 (53 Stat. 844; 8 U. S. C. 381.)

NATURALIZATION OF ALIEN VETERANS, INCLUDING VETERANS OF ALLIED ARMIES

[Act approved June 21, 1939] "

[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 prior to May 25, 1940]

REGISTRY OF ALIENS

[Act approved August 7, 1939] *

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section (a) (1) of the Act of March 2, 1929, entitled "An Act to supplement the naturalization laws, and for other purposes" (45 Stat., ch. 536, p. 1512), which now reads "(1) Entered the United States prior to June 3, 1921," is hereby amended, effective as of the

20 For provisions of this paragraph as it read in subdivision 2, sec. 4, Act of June 29, 1906, as amended, prior to June 20, 1939, see footnote 46 to Act of June 29, 1906, as amended, at p. 467.

30 For text of this subdivision as it read prior to June 20, 1939, see footnote 32 to Act of June 29, 1906, as amended, at p. 331.

31 53 Stat. 851. 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, 1940, 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, for the purposes of serving, and actually served prior to November 11, 1918. in the military or naval forces of 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 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."

Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. See sec. 328 (b), p. 377, of that Act for similar provisions.

date this Act is enacted, so as to read as follows: "(1) Entered the United States prior to July 1, 1924." (53 Stat. 1243; 8 U. S. C. 106a.)

ABSENCE OF CLERGYMEN

[Act approved August 9, 1939] "

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any alien who has been lawfully admitted into the United States for permanent residence and who has heretofore been or may hereafter be absent temporarily from the United States solely in his or her capacity as a regularly ordained clergyman, shall be considered as residing in the United States for the purpose of naturalization notwithstanding any such absence from the United States, but he or she shall in all other respects comply with the requirements of the naturalization laws. Such alien shall prove to the satisfaction of the Attorney General and the naturalization court that his or her absence from the United States has been solely in the capacity herein before described.

Sec. 2. The Commissioner of Immigration and Naturalization, with the approval of the Attorney General, shall prescribe such rules and regulations as may be necessary for the enforcement of this Act. (53 Stat. 1273; 8 U. S. C. 382b.)

NATURALIZATION OF WOMEN BORN IN HAWAII

[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 purpose 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.85 (54 Stat. 707; 8 U. S. C. 368b.)

REPATRIATION OF NATIVE-BORN WOMEN WHO LOST CITIZENSHIP BY

MARRIAGE

[Act approved July 2, 1940, amending Act of June 25, 1936]

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

Repealed by sec. 304, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904), effective January 13, 1941. See sec. 308, p. 363, of that Act for similar provisions. 34 See footnote 53, p. 470.

35 For the text of Act of July 2, 1932 (47 Stat. 571), as it read prior to its amendment on July 1, 1940, see footnote 5 to Act of July 2, 1932, at p. 547.

38 The words "or who has resided continuously in the United States since the day of such marriage" were added to the Act of June 25, 1936 (49 Stat. 1917), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904), by Act of July 2. 1940.

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