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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] *7 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 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

* Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U. 8. 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.

" 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." (53 Stat. 844; 8 U.S. C. 381.)

80

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 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.)

2® 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.

80 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.

81 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 088embled. That subdivision (a) of section i 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 guch service under bonorable 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 bad 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."

38 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.

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 84 and the naturalization court that his or her absence from the United States has been solely in the capacity hereinbefore described.

Sec. 2. The Commissioner of Immigration and Naturalization, with the approval of the Attorney General,34 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.35 (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,so 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 allegience 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.) NATURALIZATION OF PERSONS SERVING IN REGULAR ARMY 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.

** See footnote 53, p. 470.

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

36 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.

UNITED STATES

[Act approved August 16, 1940) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the body of the Act entitled "An Act for the protection of certain enlisted men of the Army," approved August 19, 1937 (50 Stat. 696), be, and the same is hereby, amended to read as follows:

“That, notwithstanding the language contained in the second proviso under the subheading 'Pay, and so forth, of the Army of the Act of July 1, 1937 (50 Stat. 446), and similar provisos of other Acts heretofore or hereafter enacted, any alien otherwise eligible for enlistment in the Regular Army, who shall have been an enlisted man therein for any period subsequent to June 30, 1937, who shall have made a valid and still effective declaration of intention to become a citizen of the United States, or shall have furnished prima facie evidence of his eligibility for admission to such citizenship without prior formal declaration of intention, and shall have agreed in writing to complete his naturalization without unnecessary delay, shall up to and including June 30, 1943, be deemed eligible (1) if in the service, for continuance therein until expiration of current enlistment, for reenlistment, and for continuance in the service under such reenlistment not later than June 30, 1943; (2) if not in the service, for reenlistment and for continuance in the service under such reenlistment not later than June 30, 1943; and (3) in either case for receipt while so serving of the pay of his grade and length of prior service: Provided, That Filipinos who were serving in the Army on July 1, 1937, may be retained in the service under

current enlistments and may be reenlisted without regard to their citizenship status, and may receive their proper pay and allowances under such enlistments and reenlistments.

“Sec. 2. Hereafter, service in the Regular Army honorably terminated shall be credited for purposes of legal residence under the naturalization laws of the United States, regardless of the legality or illegality of the original entry into the United States of the alien, the certificate of the honorable termination of such service or a duly authenticated copy thereof made by a naturalization examiner of the Immigration and Naturalization Service being accepted in lieu of the certificate from the Department of Justice 37 of the alien's arrival in the United States required by the naturalization laws; and service so credited in each case shall be considered as having been performed immediately preceding the filing of the petition for naturalization.” (54 Stat. 788, 789.)

* See footnote 49, p. 466.

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