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tion 370.6 of this Title. The original declaration of allegiance shall be retained by the clerk of court, and the duplicate and triplicate thereof forwarded to the Commissioner of Immigration and Naturalization at the end of the month and shall be included in the clerk's report on Form N-4. The declarant shall pay a fee of $5 to the clerk of court at the time the declaration is filed, and upon taking the oath of renunciation and allegiance shall be entitled to a certificate of naturalization. The certificate of naturalization shall be issued by the clerk of court in the manner described in Part 377 of this Title.* (Secs. 337 (b) (d) (f) and 342 (a) (2), 54 Stat. 1158, 1161; 8 U. S. C. 737, 742)

[G. O. No. C-28, 7th Supp., July 14, 1943]

*For statutory citation, see note to § 347.1.

Part 348 SPECIAL CLASSES OF PERSONS WHO MAY

BE NATURALIZED: VIRGIN ISLANDERS Sec.

Sec. 348.1 Renunciation of Danish allegi- 348.3 Citizenship of United States ; ance.

when acquired; certificate 848.2 Form and procedure for re

not authorized in certain nouncing Danish allegiance;

cases. fee.

348.4 Naturalization laws applicable

to alien residents of the Virgin Islands of the United

States. 8 348.1 Renunciation of Danish allegiance. Any Danish citizen who resided in the Virgin Islands of the United States on January 17, 1917, and in those Islands, Puerto Rico, or the United States on February 25, 1927, and who had preserved Danish citizenship by making the declaration prescribed in Article VI of the Convention proclaimed January 25, 1917, between the United States and Denmark, may renounce his Danish citizenship before any court of record regardless of whether such court is authorized to exercise naturalization jurisdiction.* (Sec. 1 (a), 44 Stat. 1234, 8 U. S. C. 5b (a); Art. VI, 39 Stat. 1711)

*38 348.1 to 348.4, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; 8 U. S. C. 727; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

348.2 Form and procdure for renouncing Danish allegiance; fee. The form for the declaration of renunciation of Danish citizenship shall be designed and prescribed by the court of record in which the Danish citizen desires to renounce such allegiance. The usual procedural requirements of the Nationality Act of 1940 do not apply to the proceedings described in section 348.1 and this section. The fee shall be fixed by the court or the clerk thereof in which the renunciation is made in accordance with law and the rules of such court, and no accounting therefor is required to be made to the Immigration and Naturalization Service.* (Sec. 1 (a), 44 Stat. 1234; 8 U. S. C. 5b (a))

348.3 Citizenship of United States; when acquired; certificate not authorized in certain cases. Immediately upon making the declaration of renunciation as described in Sections 348.1 and 348.2 of this part, the declarant becomes a citizen of the United States. No certificate of naturalization or of citizenship shall be issued to any person obtaining, or who has obtained, citizenship solely under section 1 of the Act of February 25, 1927, conferring citizenship upon certain inhabitants of the Virgin Islands of the United States.* (Sec. 1, 44 Stat. 1234, 47 Stat. 158, 336; 8 U.S. C. 5b)

348.4 Naturalization laws applicable to alien residents of the Virgin Islands of the United States. Aliens, other than

*

*

*For statutory citation, see note to $ 384.1.

those described elsewhere in this part, who are residing in the Virgin Islands of the United States and who wish to become naturalized as citizens of the United States shall comply with the provisions of the naturalization laws. Residence in the Virgin Islands of the United States shall be regarded as residence in the United States within the meaning of the Nationality Act of 1940. A preliminary application to file a declaration of intention or a petition for naturalization by a resident of the Virgin Islands of the United States shall be made upon preliminary naturalization Form N-300 or N-400, respectively, in accordance with sections 365.1 and 370.1 of this Title, and submitted to the District Director of Immigration and Naturalization, San Juan, Puerto Rico.* (Sec. 101 (d), 54 Stat. 1137; 8 U.S. C. 501)

*For statutory citation, see note to 8 348.1.

Part 350_RACIAL LIMITATIONS UPON

NATURALIZATION Sec.

Sec. 350.1 Racial eligibility; general 350.4 Race of former citizens of the classes.

United States. 350.2 Persons of mixed racial 350.5 Racial eligibility not required bloods.

in certain classes of natu350.3 Filipinos.

ralization cases. $ 350.1 Racial eligibility; general classes. Except as otherwise provided in this Part, naturalization under the provisions of the Nationality Act of 1940 is limited to white persons, persons of African nativity or descent, descendents of races indigenous to the Western Hemisphere, and Chinese persons or persons of Chinese descent. Whenever race is required to be designated in connection with any naturalization matter, such designation shall be made by the use of one or more of the following terms, except that, where appropriate, other terms may be used in cases within 88 350.3, 350.4, or 350.5 of this part: White, African or African descent, Indian, Eskimo, Aleutian, Chinese or Chinese descent.* (Sec. 303, 54 Stat. 1140; 57 Stat. 600; 8 U.S. C. 703)

*$$ 350.1 to 350.5, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; 8 U. S. C. 727 ; sec. 37 (a), 54 Stat. 675; 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

$ 350.2 Persons of mixed racial bloods. A person of mixed racial bloods, to be eligible to naturalization within the limitations of 8 350.1 of this part, must be

(a) a person who is of as much as one-half blood of the white race, African nativity or descent, a race indigenous to the Westren Hemisphere, or a combination of any such races, and is not of as much as one-half blood of any other race or combination of races, or

(b) a person who is of as much as one-half Chinese blood and is not of as much as one-half blood of a race or races ineligible to citizenship.* (Sec. 303. 54 Stat. 1140, 57 Stat. 600; 8 U.S.C. 703)

8 8 350.3 Filipinos. A native-born Filipino, who has served honorably at any time in the United States Army, Navy, Marine Corps, or Coast Guard for a period or periods aggregating three years, and who complies with the requirements of section 324 of the Nationality Act of 1940, may be naturalized notwithstanding

(Secs. 303 and 324, 54 Stat. 1140, 1149; 8 U. S. C. 703, 724)

his race.

350.4 Race of former citizens of the United States. former citizen of the United States, who complies with the requirements of section 317 of the Nationality Act of 1940, may be naturalized not withstanding his race.* (Secs. 303, 317, 54 Stat. 1140, 1146; 8 U. S. C. 703, 717)

*For statutory citation, see note to $ 350.1.

350.5 Racial eligibility not required in certain classes of naturalization cases. A child may acquire citizenship under section 313 or 314 of the Nationality Act of 1940 notwithstanding his race. A person may acquire citizenship under section 101 or 702 of the Nationality Act of 1940 notwithstanding his race.* (Secs. 313, 314, 701, 702, 54 Stat. 1145, 56 Stat. 182; 8 U. S. C. 713, 714, 1101, 1102)

* For statutory citation, see note to $ 350.1.

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