Imagini ale paginilor
PDF
ePub

CHILDREN OF PERSONS NATURALIZED UNDER CERTAIN LAWS TO BE CITIZENS.

[Act of April 14, 1802.1

Sec. 2172. The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject by the Government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof; but no person heretofore proscribed by any State, or who has been legally convicted of having joined the army of Great Britain during the Revolutionary War, shall be admitted to become a citizen without the consent of the legislature of the State in which such person was proscribed. (R. S. 1878; p. 380; 1 Comp. Stat. 1901,

p. 1334.)

PORTO RICAN CITIZENSHIP.

[Act of April 12, 1900.]

Sec. 7. That all inhabitants continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in Porto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Porto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the eleventh day of April, nineteen hundred, in accordance with the provisions of the treaty of peace between the United States and Spain entered into on the eleventh day of April, eighteen hundred and ninety-nine; *. (31 Stat. L., 79.)

PORTO RICO: CITIZENSHIP, NATURALIZATION, AND RESIDENCE. [Act of March 2, 1917.]

[blocks in formation]

Sec. 5. That all citizens of Porto Rico, as defined by section seven of the act of April twelfth, nineteen hundred, "temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," and all natives of Porto Rico who were temporarily absent from that island on April eleventh, eighteen hundred and ninety-nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign country, are hereby declared, and shall be deemed and held to be, citizens of the United States: Provided, That any person hereinbefore described may retain his present political status by making a declaration, under oath, of his decision to do so within six months of the taking effect of this act before the district court in the district in which he resides, the declaration to be in form as follows:

"I,

--, being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the act of Congress conferring United States citizenship upon citizens of Porto Rico and certain natives permanently residing in said island."

In the case of any such person who may be absent from the island during said six months the term of this proviso may be availed of by transmitting a declaration, under oath, in the form herein provided within six months of the taking effect of this act to the executive secretary of Porto Rico: And provided further, That any person who is born in Porto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effcct of this act, or if a minor, upon reaching his majority or within one year thereafter, make a sworn declaration of allegiance to the United States before the United States District Court for Porto Rico, setting forth therein all the facts connected with his or her birth and residence in Porto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States.

Sec. 41. That Porto Rico shall constitute a judicial district to be called "the district of Porto Rico." The district court for said district

shall be called "the District Court of the United States for Porto Rico," said district court shall have jurisdiction for the naturalization of aliens and Porto Ricans, and for this purpose residence in Porto Rico shall be counted in the same manner as residence elsewhere in the United States. (39 Stat. L., 965.)

GRANTING CITIZENSHIP TO CERTAIN INDIANS.

[Received by the President, Oct. 25, 1919; has become a law without his approval.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every American Indian who served in the Military or Naval Establishments of the United States during the war against the Imperial German Government, and who has received or who shall hereafter receive an hororable discharge, it not now a citizen and if he so desires, shall, on proof of such discharge and after proper identification before a court of competent jurisdiction, and without other examination except as prescribed by said court, be granted full citizenship with all the privileges pertaining thereto, without in any manner impairing or otherwise affecting the property rights, individual or tribal, of any such Indian or his interest in tribal or other Indian property. (Public Laws, No. 75, 66th Cong.)

NATURALIZATION REGULATIONS.

[These Regulations are made under authority of sec. 28 of the act of June 29, 1906, and supersede those of Nov. 23, 1917.]

Department of Labor,

Office of the Secretary,
Washington, September 24, 1920.

1. Only clerks of courts who have been furnished with the official forms and records may île valid declarations of intention and petitions for naturalization, and such papers must be executed on the official forms.

2. Rule 2 is hereby abrogated.

3. Rule 3 is hereby abrogated.

4. Every alien must sign his retition in his own handwriting, and must be able to speak the English language unless excepted by the provisos in section 8 of the naturalization act. If an alien is physically unable to speak, that fact should be stated in his petition in lieu of the statement, "I am able to speak the English language.' Aliens who arrive in the United States before reaching 18 years of age cannot obtain citizenship without making declaration of intention, which may be made in a court having naturalization jurisdiction over the place of their established residence after reaching that age.

5. Blank forms "Facts for declaration of intention" (Form 2213) and "Facts for petition for naturalization" (Form 2214 and Form 2226) are provided clerks of courts and teachers in the public schools for the preliminary use of persons desiring to make declarations of intention or petitions for naturalization. They may be taken away from the office of the clerk in order that the information called for may be obtained in full.

In all cases where aliens have arrived in this country after June 29, 1906, they should be given the form "Application for certificate of arrival," Form 2226, at the time they desire to file petitions for naturalization instead of Form 2214. This application has attached to it the facts required in a petition for naturalization. The application and other blanks on the form should all be carefully filled out by the alien and mailed to the Commissioner of Naturalization to enable him to obtain and transmit the required certificate of arrival to the clerk of court for filing with the petition. The clerk of the court should not commence the execution of the petition until he has received the certificate of arrival prescribed by this regulation.

Where the applicant is actually in the military or naval service during the time this country is engaged in the present war, or has been honorably discharged therefrom after such service, it is not necessary to obtain certificate of arrival. (See rule 24 in regard to cases of this kind.)

When a clerk of court executes a petition for naturalization for an alien who arrived in the United States before June 29, 1906, and fails to attach his

J

declaration of intention, or, in the case of an alien who arrived after June 29, 1906, fails to attach thereto either his certificate of arrival or his declaration of intention, in accordance with the terms of section 4 of the act of June 29, 1906, no valid petition is docketed, and since the petitioner is only required to pay for the docketing of a complete petition, the petition should be marked "spoiled" and the fee held for the payment for a complete petition. The number of the petition spoiled should be shown on the abstract of collections, with the notation "spoiled" to indicate the reason for not for warding the fee in connection therewith. After the certificate of arrival or the declaration of intention has been received, the alien will be notified by the bureau to appear with his witnesses to file a complete petition, and. the $4 originally paid by the alien must be applied to the petition when completed and accounted for in the current abstract of naturalization fees. If the fee was transmitted to the bureau before a complete petition was filed, the clerk should so report on the face of his current abstract in order that appropriate adjustment may be made.

6. Declarations of intention will be furnished in bound volumes (Form 2202, 50 leaves; 2202A, 150 leaves; or 2202B, 250 leaves) as a court record, varied in number of pages according to the requirements of the court. In addition to the bound records, the duplicate and triplicate declarations of intention (Form 2203) will be furnished as loose sheets attached together and perforated so that they can be readily torn apart, the triplicate to be given to the declarant and the duplicate to be forwarded to the Bureau of Naturalization. Each bound record will contain an index in addition to the original declarations of intention, and will be paged in consecutive order. At the time the original declarations of intention in the bound volumes are filled out and signed the names of the declarants must be entered in the index. The declarations shall be numbered consecutively, beginning with No. 1 in volume 1 and continuing the sequence from volume to volume.

7. The original and duplicate petitions for naturalization will also be furnished in volumes and provided with an index (Form 2204, 100 leaves; or 2204B,250 leaves), the originals paged in consecutive order and the duplicates perforated for detaching when executed. Petitions shall be numbered consecutively, beginning with No. 1 in volume 1 and continuing in order in the following volumes. The first petition in volume 2 must not be numbered "1," but shall receive the number following that given the last petition in volume 1. The number on the duplicate must correspond with the number on the original, even in cases of spoiled or mutilated petitions. Until all old-form petition volumes, such as do not contain the duplicate petitions, are completed, the clerk of court using same will be furnished duplicate petitions on loose sheets (Form 2205). When signed and executed the duplicate petitions must be forwarded to the Bureau of Naturalization by registered mail, as provided in rule 22 of these Regulations. The original petitions for naturalization in the bound volumes must be filled out and signed, the names of the petitioners entered in the index, and retained as part of the permanent records of the court in which filed.

8. Certificates of naturalization (Form 2207) will be supplied in bound volumes consisting of original and duplicate certificates and stubs. Each original and duplicate certificate and the stub will be given the same serial number, the stub to the original certificate bearing a page number in addition to its serial number. The original certificate will be given to the petitioner in accordance with the final order of the court, and the duplicate shall be forwarded to the Bureau of Naturalization by registered mail, as provided in rule 22 of these Regulations, the stub to the original constituting a part of the permanent records of the court. The bound volumes containing the declarations, petitions, and certificates constitute the "records" and dockets required by sections 6 and 14 of the naturalization act. The department requires no other dockets to be kept.

9. No certificate of naturalization shall be attested or issued to a petitioner until after the judge of the court granting naturalization has signed the order to that effect.

10. Clerks of courts will be furnished with requisition blanks (Form 2201) on which are listed, by number and title, all blank forms, including record and order books, to be used in the naturalization of aliens, and these forms

must be obtained exclusively from the Bureau of Naturalization, Department of Labor, none other being official.

11. The first supply of blank forms will be furnished upon the written application of the clerks of courts having jurisdiction to naturalize aliens, accompanied, in the case of clerks of State courts, by authoritative evidence (preferably the certificate of the attorney general of the State) that the courts of which such clerks are officers have " a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited." Subsequent supplies of such blank forms will be furnished the clerks of courts having jurisdiction to naturalize aliens upon the receipt by the Bureau of Naturalization of requisitions made on Form 2201. 12. Clerks of courts when first making application to the Bureau of Naturalization for the supplies of the blank forms required in the naturalization of aliens shall state whether any declarations of intention have been filed or orders of naturalization made by their courts since September 26, 1906. They should also state the number of certificates of naturalization issued by the court since June 1, 1903, if such certificates fail to comply with the requirements of the immigration act of Marca 3, 1903.

13. Where the same court holds sessions at different places, whether a clerk is appointed at each of said places or the one clerk is required to transact the business of the court wherever it may sit, separate supplies shall be kept, in order to comply with the requirements of section 14 of the naturalization act, which provides that the bound declarations of intention and of petitions for naturalization shall be in chronological order.

14. In every case in which the name of a naturalized alien is changed by order of court, as provided in section 6, the clerk of court will enter on the reverse side of the original and duplicate copies of the naturalization certificate issued the alien's original name, using the following form: "Name changed by order of court from (here insert original

name)."

15. On the first working day of each month the clerk shall inform the Bureau of Naturalization on Form 2209 of the date of posting notice on Form 2206, as required by section 5, and of the day, month, and year, as near as may be, for the final hearing of each and every petition for naturalization filed and posted during the preceding month. These reports on Form 2209 must specify only the petitions filed, in the month to which the report relates and no others. In continued cases notice on Form 2206 must be amended to show the postponed date and remain posted until final action is had.

16. On the first working day of each month following the sitting of a court in naturalization cases the clerk of such court shall forward to the Bureau of Naturalization on Form 2210 a list containing the name of each and every. alien who, during such sitting of court, has been denied naturalization and shall state the reason or reasons for such denial.

17. Applications for lost or destroyed naturalization papers issued prior to September 27, 1906, should be disposed of in accordance with the rules in force in the court as the time of the issuance of the papers.

The following rule applies exclusively to naturalization papers issued since September 26, 1906:

Applications for the issuance of declarations of intention (Form 2203) or certificates of naturalization (Form 2207) in lieu of declarations of intention or certificates of naturalization claimed to have been lost or destroyed shall be submitted in affidavit form to the clerk of the court by which any such declarations of intention or certificates of naturalization were originally issued, and shall contain full information in regard to the lost or destroyed papers, and as to the time, place, and circumstances of such alleged loss or destruction. (Form 2225 prepared for this purpose may be obtained from the clerk of any naturalization court.) The clerk shall forward to the Bureau of Naturalization the above-mentioned applications, together with such information as he may have bearing upon the merits thereof, for investigation, and no such paper so applied for shall be issued until the Bureau of Naturalization reports the results of its investigation as to the merits of the appli

cation.

In every case in which the clerk of the court issues, in accordance with the foregoing, a declaration of intention (Form 115) or a certificate of naturalization (Form 2207) upon proof of the loss or destruction of the original, he

shall make an entry on the original declaration showing the issuance of a certified copy, or on the stubs of both the new and the old certificates of naturalization, showing the issuance of a new certificate, giving the numbers of the new and old certificates and on the margin of the new duplicate certificate a notation should be inserted showing the number of the old certificate, as follows: "Issued in lieu of Certificate No.

[ocr errors]

One certified copy of declaration of intention (Form 2215) or certificate of naturalization (Form 2216) may be furnished by the clerk of the issuing court under his hand and the seal of the court for the use only of the person concerned to establish his citizenship status in connection with any entry under the public-land laws of the United States. Unless the applicant presents to the clerk his original declaration or certificate for comparison, these forms can under no conditions be issued. In case the alien makes a second land entry he may support his second entry by describing the first land claim with which his declaration or certificate is filed.

The fees to be collected for the issuance of each of the copies of declarations of intention and of certificates of naturalization described in this regulation, and the disposal to be made of such fees when collected, will be determined in accordance with the law and the rules in force in the respective courts. No part of these fees is required to be forwarded to this department. 18. Original declarations of intention, or certificates of naturalization, issued subsequent to September 26, 1906, and surrendered to the General Land Office in support of entries upon public land, may be returned upon proper application to the Commissioner, General Land Office, Washington, D. C. A description of the land should be included, giving the section, township, and range, together with the date and place of making the entry. The originals will then be returned by the General Land Office.

19. For recording the affidavits of substituted witnesses under section 5 of the act of June 29, 1906, blank forms (Form 2218) have been prepared as pasters to be affixed to the backs of petitions in the bound volume, following the "Order of court admitting petitioner." Copies of this form may be procured by the usual requisition (Form 2201). Do not send copies of this form to the Bureau of Naturalization. Form 2218 need not be used where space has been provided on the reverse of the original petition in the bound volume for recording particulars regarding substitute witnesses.

20. Aliens making declarations of intention, or filing petitions for naturalization, must sign their names in full and without abbreviation in the appropriate places on the various blank forms, and the entries of their names by the clerk must correspond in every particular. Where a name contains an initial which is used only to distinguish one individual from another with the same surname, that fact should be noted on the paper.

21. Clerks of courts shall not receive declarations of intention (Form 2202) or file petitions for naturalization (Form 2204) from other aliens than white persons and persons of African nativity or of African descent, with the exception of Filipinos (referred to in the first clause of the seventh subdivision of section 4, of the act of June 29, 1906, as amended by the act of May 9, 1918, which permits the naturalization of Filipinos under certain conditions). alien, other than a Chinese person, who claims that he is a white person in the sense in which that term is used in section 2169, Revised Statutes, should be allowed, if he insists upon it after an explanation is made showing him the risk of denial, to file his declaration or his petition, as the case may be, leaving the issue to be determined by the court.

ny

Declarations should not be received from, nor petitions for naturalization filed by, persons not residing in the judicial district within which the court is held.

22. On the first working day of each and every month clerks of courts, unless otherwise instructed by the bureau or by the chief naturalization examiner, shall forward to the Bureau of Naturalization, under Government frank, duplicates of all declarations of intention, petitions for naturalization, and certificates of naturalization filed or issued during the preceding month; except that at any time during the month that an aggregate number of 200 naturalization papers of all classes have been filed or issued the duplicates thereof shall be forwarded to the bureau forthwith. Duplicate petitions for naturalization and duplicate certificates of naturalization shall be forwarded by registered mail, without the payment of registry fee (act of Congress,

« ÎnapoiContinuă »