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SEC. 5b. [sic] Section 404 (c) of the Nationality Act of 1940 (U.S.C., title 8, sec. 804 (c)), shall not be applicable to persons who acquired citizenship under the provisions of sections 5 and 5a of this Act.

SEC. 5c. That any person of good 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, 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 alligence 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.

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7 Added by the Act of May 16, 1938 (52 Stat. 337). Repealed by sec. 504 of the Act of October 14, 1940 (54 Stat. 1173).

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*Section 202 (c) of the Immigration and Nationality Act provides that not more than 100 persons born in any one colony or other component or dependent area of the governing country shall be chargeable to the quota of the governing country in any one year. **Situated in the Asia-Pacific triangle.

***Effective April 16, 1964, amended sec. 42.56, title 22, Code of Federal Regulations ("Quota Chargeability of Chinese Persons") provides as follows:

"Sec. 42.56. Quota Chargeability of Chinese Persons.

"(a) The quota chargeability of a Chinese person as that term is defined in Sec. 42.1, shall be determined under section 202(b) of the Act except that for the purposes of section 202(b) (2) and section 202(b)(4), the quota for the quota area of China shall be the quota for Chinese persons authorized by section 201(a) of the Act. Accordingly, a Chinese person who is classifiable as a quota immigrant shall, unless he is a child chargeable to the quota of an accompanying parent as provided in section 202(a)(1) of the Act, be chargeable as follows: (1) If born in China, to the quota for Chinese persons; (2) if born within the Asia Pacific trangle within a separate quota area other than China, to the quota for that area; (3) if born in a colony or other dependent area within the Asia Pacific triangle, to the Asia Pacific quota; (4) if born outside the Asia Pacific triangle, to the quota for Chinese persons, unless he is also attributable by as much as 50 percent of his ancestry to a people or peoples indigenous to the Asia Pacific triangle, other than China, in which event he would be chargeable to the Asia Pacific quota.

"(b) The exceptions to the general rule of quota chargeability provided in section 202 (a) (2), (3) and (4) of the Act do not apply to a Chinese person."

22 C.F.R. 42.1 defines a "Chinese person" as an alien who is attributable by as much as one-half of his ancestry to a people or peoples indigenous to China.

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