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United States was to be or had been for the purpose of carrying on activities described therein." (52 Stat. 1247-1248; 8 U. S. C. 382.) 5

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Public Resolution of June 29, 1938, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904).

Subdivision 4, sec. 4, originally read as follows in the Act of June 29, 1906 (34 Stat.

598):

"Fourth. It shall be made to appear to the satisfaction of the court admitting any allen to citizenship that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the State or Territory where such court is at the time held one year at least, and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. In addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record."

Sec. 6 (a). Act of March 2, 1929, effective July 1, 1929, amended the fourth subdivision to read as follows (45 Stat. 1513-1514):

"Fourth. No alien shall be admitted to citizenship unless (1) immediately preceding the date of his petition the alien has resided continuously within the United States for at least five years and within the county where the petitioner resided at the time of filing his petition for at least six months, (2) he has resided continuously within the United States from the date of his petition up to the time of his admission to citizenship, and (3) during all the periods referred to in this subdivision he has behaved as a person of good moral 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. At the hearing of the petition, residence in the county where the petitioner resides at the time of filing his petition, and the other qualifications required by this subdivision during such residence, shall be proved by the oral testimony of at least two credible witnesses, citizens of the United States, in addition to the affidavits required by this Act to be included in the petition. If the petitioner has resided in two or more places in such county and for this reason two witnesses cannot be procured to testify as to all such residence, it may be proved by the oral testimony of two such witnesses for each such place of residence, in addition to the affidavits required by this Act to be included in the petition. At the hearing, residence within the United States but outside the county, and the other qualifications required by this subdivision during such residence shall be proved either by depositions made before a naturalization examiner or by the oral testimony of at least two such witnesses for each place of residence. "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 is 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."

Between June 25, 1936, when the foregoing paragraph was further amended by sec. 1, Act of June 25, 1936 (49 Stat. 1925-1926; 8 U. S. C. 382), and June 28, 1938, it 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 is 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 if (1) prior to the beginning of such period (whether such period begins before or after his departure from the United States) the alien has 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.

"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 all 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 behalf."

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RENUNCIATION OF TITLE OR ORDER OF NOBILITY

Fifth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court. (34 Stat. 598; 8 U. S. C. 386.)

WIDOW AND MINOR CHILDREN OF DECEASED DECLARANT

Sixth. When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized the widow and minor children of such alien may, by complying with the other provisions of this Act, be naturalized without making any declaration of intention. (34 Stat. 598; 8 U.S. C. 375.)

FILIPINO DECLARANTS HONORABLY SERVING IN UNITED STATES NAVY, MARINE CORPS, NAVAL AUXILIARY SERVICE, OR THE COAST GUARD; PUERTO RICAN OR ALIEN DECLARANTS SERVING IN UNITED STATES ARMY, NAVY, MARINE CORPS, COAST GUARD, OR ON UNITED STATES GOVERNMENT VESSELS, OR ON PUBLIC OR PRIVATE VESSELS OF MORE THAN 20 TONS BURDEN WHICH ARE NOT FOREIGN VESSELS; EXEMPTION FROM RESIDENTIAL REQUIREMENT

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Seventh. Any native-born Filipino of the age of twenty-one years and upward who has declared his intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the United States Navy or Marine Corps or the Naval Auxiliary Service, or the Coast Guard (50 Stat. 548-549; 8 U. S. C. 388) and who, after service of not less than three years, may be honorably discharged therefrom, or who may receive an ordinary discharge with recommendation for reenlistment; or any alien, or any Puerto Rican not a citizen of the United States, of the age of twenty-one years and upward, who has enlisted or entered or may hereafter enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, or in the United States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels (45 Stat. 1514; 8 U. S. C. 388), and while still in the service on a reenlistment or reappointment, or within six months after an honorable discharge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization and may be naturalized without complying with the require

65 Repealed effective January 13, 1941, by sec. 504. Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), but see sec. 335 (c) at p. 385 for similar provision in that Act.

Sec. 5, Act of May 24, 1934 (34 Stat. 598; 8 U. S. C. 375), p. 552, repealed this subdivision but provided that the repeal should not affect any right or privilege theretofore acquired under said subdivision.

This subdivision was added to sec. 4, Act of June 29, 1906, by sec. 1, Act of May 9, 1918 (40 Stat. 542; 8 U. S. C. 388), p. 512.

ments of residence within the United States and within the county.58 (45 Stat. 1514; 8 U. S. C. 392.)

ALIENS SERVING IN MILITARY OR NAVAL SERVICE OF UNITED STATES DURING WORLD WAR; NO DECLARATION OF INTENTION REQUIRED; PROOF OF RESIDENCE

Any alien serving in the military or naval service of the United States during the time this country is engaged in the present war may file his petition for naturalization without making the preliminary declaration of intention and without proof of the required

Sec. 3, Act of July 30, 1937 (50 Stat. 548-549; 8 U. S. C. 388), repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904). This part of the original subdivision originally read as follows in sec. 1, Act of May 9, 1918, p. 512:

"Seventh. Any native-born Filipino of the age of twenty-one years and upward who has declared his intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the United States Navy or Marine Corps or the Naval Auxiliary Service, and who, after service of not less than three years, may be honorably discharged therefrom, or who may receive an ordinary discharge with recommendation for reenlistment; or any alien, or any Porto Rican not a citizen of the United States, of the age of twenty-one years and upward, who has enlisted or entered or may hereafter enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, the National Guard or Naval Militia of any State, Territory, or the District of Columbia, or the State militia in Federal service, or in the United States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board of merchant or fishing vessels of the United States of more than twenty tons burden, and while still in the service on a reenlistment or reappointment, or within six months after an honorable discharge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization without proof of the required five years' residence within the United States if upon examination by the representative of the Bureau of Naturalization, in accordance with the requirements of this subdivision it is shown that such residence can not be established;

This subdivision was subsequently amended by sec. 6 (c) and (d), Act of March 2, 1929 (45 Stat. 1514; 8 U. S. C. 388), effective July 1, 1929, p. 536. Following this amendment the foregoing provisions read as follows:

"Seventh. Any native-born Filipino of the age of twenty-one years and upward who has declared his intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the United States Navy or Marine Corps or the Naval Auxiliary Service, and who, after service of not less than three years, may be honorably discharged therefrom, or who may receive an ordinary discharge with recommendation for reenlistment; or any alien, or any Porto Rican not a citizen of the United States, of the age of twenty-one years and upward, who has enlisted or entered or may hereafter enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, the National Guard or Naval Militia of any State, Territory, or the District of Columbia, or the State militia in Federal service or in the United States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels, and while still in the service on a reenlistment or reappointment, or within six months after an honorable discharge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization and may be naturalized without complying with the requirements of residence within the United States and within the county."

This subdivision was subsequently amended by sec. 2, Act of May 25, 1932 (47 Stat. 165; 8 U. S. C. 388), p. 545, and until July 30, 1937, the foregoing provisions thereof read as follows:

"Seventh. Any native-born Filipino of the age of twenty-one years and upward who has declared his Intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the United States Navy or Marine Corps or the Naval Auxiliary Service, and who, after service of not less than three years, may be honorably discharged therefrom, or who may receive an ordinary discharge with recommendation for reenlistment; or any alien, or any Porto Rican not a citizen of the United States, of the age of twenty-one years and upward, who has enlisted or entered or may here after enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, or in the United States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels, and while still in the service on a reenlistment or reappointment, or within six months after an honorable discharge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization and may be naturalized without complying with the requirements of residence within the United States and within the county."

five years' residence within the United States; (40 Stat. 542; 8 U. S. C. 392.) 59

[ALIEN DECLARANTS HONORABLY DISCHARGED FROM ARMY, NAVY, OR PHILIPPINE CONSTABULARY SUBSEQUENTLY ACCEPTED CONDITIONALLY IN MILITARY OR NAVAL SERVICE; IN THESE CASES ONLY, RESIDENCE IN PHILIPPINE ISLANDS AND PANAMA CANAL ZONE CONSIDERED RESIDENCE WITHIN UNITED STATES]

any alien declarant who has served in the United States Army or Navy, or the Philippine Constabulary, and has been honorably discharged therefrom, and has been accepted for service in either the military or naval service of the United States on the condition that he becomes a citizen of the United States, may file his petition for naturalization upon proof of continuous residence within the United States for the three years immediately preceding his petition, by two witnesses, citizens of the United States, and in these cases only residence in the Philippine Islands and the Panama Canal Zone by aliens may be considered residence within the United States, and the place of such military service shall be construed as the place of residence required to be established for purposes of naturalization; (40 Stat. 542-543; 8 U. S. C. 389.) 60

[PROCEDURE AS TO CERTAIN ALIENS OR PERSONS OWING PERMANENT ALLEGIANCE TO THE UNITED STATES; JURISDICTION OF COURTS; ADMINISTRATIVE EXAMINATION; EVIDENCE OF RESIDENCE AND CHARACTER, CERTIFICATE OF ARRIVAL]

and any alien, or any person owing permanent allegiance to the United States embraced within this subdivision, may file his petition for naturalization in the most convenient court without proof of residence within its jurisdiction, notwithstanding the limitation upon the jurisdiction of the courts specified in section three of the Act of June twenty-ninth, nineteen hundred and six, provided he appears with his two witnesses before the appropriate representative of the Immigration and Naturalization Service 61 and passes the preliminary examination hereby required before filing his petition for naturalization in the office of the clerk of the court, and in each case the record of this examination shall be offered in evidence by the representative of the Government from the Immigration and Naturalization Service 1 and made a part of the record at the original and any subsequent hearings; and, except as otherwise herein provided, the honorable discharge certificate of such alien, or person owing permanent allegiance to the United States, or the certificate of service showing good conduct, signed by a duly authorized officer, or by the masters of said vessels, shall be deemed prima facie evidence to satisfy all of the requirements of residence within the United States and within the State, Territory, or the District of Columbia, and good moral character required by law, when supported by the affidavits of two witnesses,

61

Sec. 1. Act of May 9, 1918, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941, but see secs. 324 and 325 at pp. 372-374 for provisions in that Act on the same general subject. For extensions of these exemp tions by subsequent Acts see footnote 92 under Act of May 9, 1918, p. 513.

00 See footnote 59 on this page.

61 Prior to June 10, 1933, when Executive Order 6166, sec. 14 (5 U. S. C. following ch. 1) consolidated the Bureaus of Immigration and of Naturalization of the Department of Labor into one bureau named the Immigration and Naturalization Service, the words "Immigration and Naturalization Service" read "Bureau of Naturalization." See also footnote 25, p. 462.

citizens of the United States, identifying the applicant as the person named in the certificate or honorable discharge, and in those cases only where the alien is actually in the military or naval service of the United States, the certificate of arrival shall not be filed with the petition for naturalization in the manner prescribed; (40 Stat. 543; 8 U. S. C. 393.) 62

[HEARING OF CERTAIN PETITIONS IMMEDIATELY AND WITHIN 30 DAYS PRECEDING ANY ELECTION]

and any petition for naturalization filed under the provisions of this subdivision may be heard immediately, notwithstanding the law prohibits the hearing of a petition for naturalization during thirty days preceding any election in the jurisdiction of the court. (40 Stat. 543; 8 U. S. C. 394.) 6

[ALIENS IN MILITARY SERVICE OF UNITED STATES ON MAY 9, 1918, FILING "OVERSEAS PETITIONS"; EVIDENCE TO BE FILED IN COURT BY REPRESENTATIVE OF IMMIGRATION AND NATURALIZATION SERVICE]

Any alien who, at the time of the passage of this Act [of May 9, 1918], is in the military service of the United States, who may not be within the jurisdiction of any court authorized to naturalize aliens, may file his petition for naturalization without appearing in person in the office of the clerk of the court and shall not be required to take the prescribed oath of allegiance in open court. The petition shall be verified by the affidavits of at least two credible witnesses who are citizens of the United States, and who shall prove in their affidavits the portion of the residence that they have personally known the applicant to have resided within the United States. The time of military service may be established by the affidavits of at least two other citizens of the United States, which, together with the oath of allegiance, may be taken in accordance with the terms of section seventeen hundred and fifty of the Revised Statutes of the United States after notice from and under regulations of the Immigration and Naturalization Service. Such affidavits and oath of allegiance shall be admitted in evidence in any original or appellate naturalization proceeding without proof of the genuineness of the seal or signature or of the official character of the officer before whom the affidavits and oath of allegiance were taken, and shall be filed by the representative of the Government from the Immigration and Naturalization Service 1 at the hearing as provided by section eleven of the Act of June twenty-ninth, nineteen hundred and six. (40 Stat. 543; 8 U. S. C. 390.) 63

PETITIONS FOR CITIZENSHIP MADE OUTSIDE THE UNITED STATES DECLARED INVALID ON AND AFTER MAY 25, 1932

[All petitions for citizenship made outside the United States in accordance with the seventh subdivision of section 4 of the Naturalization Act of June 29, 1906, as amended, upon which naturalization has not been heretofore granted, are hereby declared to be invalid for all purposes. (47 Stat. 165; 8 U. S. C. 392b.) 64]

For footnote 61 see page 474.

62 Sec. 1, Act of May 9, 1918, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941.

03 Sec. 1, Act of May 9, 1918, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941,

Sec. 1 (b), Act of May 25, 1932, p. 544.

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