Lapas attēli
PDF
ePub
[blocks in formation]

§ 354.1 Residence; minimum periods required. The general provisions of the Nationality Act of 1940 require that a petitioner for naturalization must have resided continuously in the United States for at least five years, and in the State where then residing for at least six months, immediately preceding the filing of the petition, and that he must also reside continuously within the United States from the date of filing the petition until the date of his admission to citizenship. For exceptions to the general rule, see Parts 324, 326, 330, 332, 334, 337, 345, 347, and 348. (Nationality Act of 1940, secs. 307 and 309, 54 Stat. 1142, 1143)

§§ 354.1 to 354.8, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; 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.

354.2 Residence; break of continuity, procedure where an objection is filed. (a) Effect of absence of not more than six months. Where a petitioner for naturalization has been absent from the United States not more than six months during the period for which continuous residence is required, no objection shall be made to the granting of the petition upon that ground unless the facts and circumstances indicate a break in the continuity of such residence.

(b) Effect of absence of more than six months but less than one year. Where the absence during the period for which continuous residence is required has been more than six months but less than one year, an objection shall be made unless the evidence satisfactorily overcomes the presumption raised by the statute that the required continuity of residence has been broken.

(c) Effect of absence of one year or more. Where there has been an absence from the United States for a continuous period of one year or more, during the periods for which continuous residence is required, an objection shall be made to the granting of the petition, unless the applicable requirements of §§ 354.3, 354.5, or §354.6 have been fully met.

(d) When objection overruled; procedure. If an objection made under this section is overruled, the neccessary action shall be taken to preserve the Government's right of review, and the facts reported immediately to the Central Office.* (Nationality Act of 1940, sec. 307 (b) (c), 54 Stat. 1142)

354.3 Residence; when not affected by absence on or after January 13, 1941. No period of absence from the United States on or after January 13, 1941, and during the period for which continuous residence in the United States is required by the naturalization laws, shall break the continuity of such residence if prior to the beginning of such absence from the United States, the alien

(a) had resided in the United States for a period of at least one year and had filed a declaration of intention during such period, or was entitled to file a petition for naturalization without à declaration of intention;

(b) was thereafter employed by, or had entered into a contract with, the Government of the United States, or an American institution of research recognized as such by the Attorney General or was employed by an American firm or corporation engaged in whole or in part in the development of the foreign trade and commerce of the United States, or a subsidiary thereof, or whose residence abroad was necessary for the protection of the property rights in such countries of such firm or corporation or subsidiary; (c) had established to the satisfaction of the Attorney General, in the manner prescribed by § 354.8 of this Part, prior to the beginning of such absence, or the procurement of such employment or contract if then temporarily absent from the United States, that such employment or contract or representation was of the nature described in subsection (b) of this section, and that his absence from the United States was in connection with one or more of the activities described therein; and

(d) shall prove, at the final hearing upon his petition for naturalization, to the satisfaction of the court, that his absence from the United States during such period was solely for such purpose or purposes.

For the purposes of subsection (a) of this section, the period of the alien's residence must have followed a lawful entry to the United States for permanent residence and the place of his general abode shall be deemed his place of residence. Physical absence from the United States of a purely temporary nature during such period of time on the part of the alien shall not be deemed to break the continuity of residence.* (Nationality Act of 1940, secs. 104 and 307 (a) (b), 54 Stat. 1138, 1142)

354.4 Residence; when not affected by absence on or after June 29, 1938, and prior to January 13, 1941. No absence from

* For statutory citation, see note to § 354.1

the United States on or after June 29, 1938, and prior to January 13, 1941, shall be held to have broken the continuity of residence in the United States of an alien who has been lawfully admitted to the United States for permanent residence, has thereafter resided in the United States for at least one year, and who has during such period made a declaration of intention, or was entitled to file a petition for naturalization without a declaration of intention, and who has met all of the other requirements set forth in § 354.3, except that any application for the benefits of previous laws relating to exemptions from the usual effect of an absence for more than one year, which may have been made and acted upon by the Secretary of Labor prior to June 14, 1940, shall be considered valid under the Nationality Act of 1940.* (Joint Resolution of June 29, 1988, 52 Stat. 1247; 8 U. S. C. 382; Nationality Act of 1940, sec. 347, 54 Stat. 1168)

354.5 Residence; when not affected by absence after June 25, 1936, and prior to June 29, 1938. No period of absence outside the United States after June 25, 1936, and prior to June 29, 1938, shall be held to have broken the continuity of residence in the United States required by the naturalization laws, if the alien

(a) had previously made a declaration of intention (if such declaration was necessary for the filing of a valid petition for naturalization); and

(b) prior to the beginning of such absence, or before the procurement of the employment or contract which made the absence necessary, had established to the satisfaction of the Secretary of Labor that such absence was to be for one or more of the purposes described in § 354.3; and

(c) establishes to the satisfaction of the court at the final hearing upon his petition for naturalization that his absence from the United States was for the purpose which was established to the satisfaction of the Secretary of Labor.

No objection shall be made to naturalization in the case of any person who was absent from the United States on June 25, 1936, and who may at any time thereafter have submitted a complete and proper application to the Secretary of Labor for the benefits of section 1 of the Act of June 25, 1936, which may have been subsequently acted upon favorably by the Secretary of Labor.* (Act of June 25, 1936, sec. 1, 49 Stat. 1925; 8 U. S. C. 382; Nationality Act of 1940, sec. 347, 54 Stat. 1168)

354.6 Residence; when not affected by absence prior to June 25, 1936. No period of absence from the United States during the five years immediately preceding June 25, 1936, shall be held to have broken the continuity of residence required for naturalization purposes if the alien had proved to the satisfaction of the Secretary of Labor prior to June 14, 1940, or, subsequently thereto and prior to the final hearing upon his petition for naturalization, may have proved or may prove to the satisfaction of the Attorney General in the manner prescribed by § 354.8, and also at the final hearing upon his petition proves to the court, that during such period of absence he was under employment by, or contract with, *For statutory citation, see note to § 354.1.

either the United States Government, or such American institution of research as was recognized by the Secretary of Labor or may have been so recognized since by the Attorney General, or an American firm or corporation as described in §§ 354.3 and 354.5, and that his absence was necessary in connection with any of the activities described therein.* (Act of June 25, 1936, 49 Stat. 1925; 8 U. S. C. 382 (a); Nationality Act of 1940, sec. 307 (c), 54 Stat. 1142)

354.7 Absence of clergyman or nun; no effect upon residence if absence temporary in nature. No absence at any time by a clergyman or nun, theretofore lawfully admitted into the United States for permanent residence, shall be regarded as interrupting the residence in the United States required by the naturalization laws, provided such absence was for a temporary period and solely in his or her capacity as a regular ordained clergyman or nun of an established church or religious faith, if such person establishes to the satisfaction of the Attorney General, in the manner described by § 354.8, either before or after such absence, and to the satisfaction of the court at the final hearing upon the petition for naturalization, that the requirements of this section have been fully met and that he or she has in all other respects fully complied with all applicable provisions of the naturalization laws.* Nationality Act of 1940, sec. 308, 54 Stat. 1143)

354.8 Absence; application for approval if for one year or more. Applications for the benefits of §§ 354.3, 354.6, and 354.7 shall be submitted to the Immigration and Naturalization Service, Washington, D. C., in duplicate, on Form N-470. A copy of the decision upon the application shall be filed in the naturalization court with the alien's petition for naturalization as a part of the record in the naturalization proceedings.* (Nationality Act of 1940, sec. 307 (b) (c), 54 Stat. 1142)

*For statutory citation, see note to § 354.1.

[ocr errors]
« iepriekšējāTurpināt »