adopted-Continued China; infancy adoption, ratified when child over 14; 12-690 Czechoslovakia; bringing into family during infancy and rearing; 12-258 effect on relationship to natural brother or sister; 12-495 effect on relationship to natural parents under immigration laws; 9-46, 116, 567; 11-55 Egypt; 12-666 Guyana; 13-616 Italy; "affiliation" equivalent of adoption: 6-270 Japan, in; by adoptive mother (wife of U.S. citizen) while single; 8-242 Korea; brought into family at early age, reared, and registered in Family Register; 13-45 legal custody and/or residence requirements; sec. 101 (b) (1) (E), 1952 Act; 8-118, 151, 633; 9-98, 176, 633; 11-911 Netherlands Antilles; by agreement of legitimated Continued California; state court judgment of legitimation; 11-183 France; acknowledgment by U.S. citizen husband of mother but not natural father; not within sec. 101 (b) (1); 7-338 Germany; acknowledgment alone does not constitute; 12-210 Greece; mere recognition by natural father does not constitute; 12-99 Hungary; acknowledgment by natural father at time of birth registration; 9-518 Italy; marriage of natural parents subsequent to birth of child: 5-698 Japan; recording of child's name in family register of putative father does not constitute; 12-265 Louisiana; 13-666 Netherlands; acknowledgment alone does not constitute; 12-11 born out of wedlock, in relation to father: 7-685; 11-449, 455, 537, 546, 549, 628; 12-340, 544, 653; 13-179 born out of wedlock, in relation to mother; 5-120, 289, 731; 7-623 marriage creating relationship terminated; 10-363; 13-688 married but not yet 18 when marriage creating relationship occurred; 12-427 over 18 yrs. age at time of formal marriage creating relationship: 10-555 over 21 years of age; 5-512; 8-592 valid relationship in accordance sec. 101 (b) (1) (B); effect of marriage and/or attainment of age 21; 8-593; 10--364 Citizenship (see also National, noncitizen, of United States; and Naturalization): acquisition; see Citizen-acquisition at birth, by child born abroad; and Citizenshipderivation (after birth) by child born abroad adjudication of; court decree as to birth place does not constitute; 3-237 birth in U.S. in diplomatic status; 11-190 birth on American vessel on high seas; 3-677 blood tests as evidence of paternity; 5-149, 232, 351 burden of proof, deportation proceedings: administrative ruling evidencing recognition of U.S. citizenship; effect; 8-347; 10-43 admission of birth abroad; 7-332 burden of proof, exclusion proceedings; 3-141 passport, U.S.; 3-680; 10-770 fraudulent claims, convictions; 3-69, 623 Hawaii, birth in, prior to annexation by U.S.; 3-206 Hawaii; child (born 1899 in China) of father naturalized Hawaiian citizen 1892; 8-347 ineligibility to; see Ineligibility to citizenship legitimation of child born out of wedlock (see also Legitimation), retroactive effect; 3-225; 4-354 loss of, distinguished from loss of rights of; 2-397 Philippine Islands, inhabitants of: 3-404 presumption of continuance; 2-382 Puerto Rico, birth in, child for whom alien parents opted Spanish nationality: 4-29; 9-188 Puerto Rico, birth in (1931), of Spanish parents; resided in Spain 1931 to 1957; 1917 Act as amended by 1934 Act; 10-256 retention requirements: see Citizenshiploss: retention requirements Virgin Islands, birth in, before acquisition by U.S., Act of 1927, as amended by 1932 Act; 3-719; 6-226 Virgin Islands, birth (out of wedlock) in 1917 to mother native of; 1927 Act, as amended; 3-870 woman, U.S. citizen, effect of acquisition of foreign citizenship through marriage upon her U.S. citizenship; 3-107 Citizenship-acquisition at birth, by child born abroad: American merchant vessel, on; 3-677 birth before May 24, 1934: citizen mother, alien father, married in 1944; 3-485 Citizenship-acquisition at birth, by child born abroad-Continued birth before May 24, 1934-Continued father also born abroad, but grandfather born in U.S., R.S. 1993; 1-558; 3-885 mother, U.S. native, lost citizenship thru marriage but repatriated by Act of June 25, 1936; 1-127 out of wedlock, alien mother, natural father a U.S. citizen; 5-689 out of wedlock, alien mother, natural father a U.S. citizen: retroactive effect of legitimation; 4-354 residence in U.S., prior, of citizen par ent: birth during pendency of adjudication of parent's admissibility & citizenship status; 3-885 Hawaii, in, before 1898; 3-206 permanent character of residence, 1-40 Puerto Rico, presence in, as residence; 1-287 birth between May 24, 1934 and Jan. 13, 1941: citizen at birth, subject to divestiture; 1-464 failure to retain under sec. 201 (g). 1940 Act: retention under 1952 Act; 5-291; 7-646; 8-221, 226 out of wedlock, effect of sec. 205, 1940 Act; 4-440 out of wedlock, subsequent legitimation thru marriage of citizen mother and alien father, effect; 7-523 residence in U.S., prior, of citizen parent; visits to U.S. as residence; 6-1 retained under sec. 201(g), (h), 1940 Act, as of Dec. 24, 1952; status determined thereafter pursuant 1952 Act; 7-122 retention requirement; see Citizenshiploss: retention requirements birth between Jan. 13, 1941 and Dec. 23, 1952: ex out of wedlock, acquisition through mother; subsequent legitimation; patriative effect (alien father); 3-485; 4-440 out of wedlock, but later legitimated; acquisition only under sec. 205, 1940 Act; effect of sec. 201 (g) or (i), 1940 Act; 3-794 out of wedlock; parent's marriage lawful in U.S. but not in country where birth occurred; no basis for claiming citizenship under sec. 205, 1940 Act. as illegitimate child of citizen mother; 1-301 Philippines, in; father a native, mother acquired citizenship under R.S. 1993; applicability of sec. 201 (e), 1940 Act; 4-575 residence in U.S. before birth of child of at least one citizen parent; temporary visits did not constitute residence, sec, 201 (c), 1940 Act; 4-418 Citizenship-acquisition at birth, by child born birth between Jan. 13, 1941 and Dec. 23, 1952-Continued residence in U.S. of citizen mother prior to birth of illegitimate child; temporary visit constitutes residence, sec. 205, 1940 Act; 9-479 residence in U.S. of citizen parent as prerequisite under sec. 201 (g) and (i), 1940 Act; constructive residence; 3-652; 12-806 residence in U.S. of citizen parent prior to birth of child, sec. 201(g); time spent in U.S. as college student; 7-643 residence of citizen father in U.S. before child's birth under sec. 201 (g) and (i), 1940 Act, applicability of sec. 201 (c); 4-424 residence of citizen parent in territory (Philippines) which prior to, but not at time of, child's birth was U.S. possession; sec. 201 (g), 1940 Act; 7-667 residence of citizen parent serving abroad in armed forces, sec. 201 (g), 1940 Act; 2-311 residence of citizen parent under 21 years of age at birth of child; 2-182; 3-794 sec. 201 (g), 1940 Act, legislative history; 2-190 sec. 201 (i), 1940 Act (armed forces veteran citizen parent), military service commenced after child's birth; 2-799 birth subsequent to Dec. 23, 1952: physical presence, sec. 301 (a) (7), 1952 Act; residence of citizen parent in Philippines prior to date they ceased to be outlying possession (1946); 9-558 physical presence; sec. 309 (c); finding of constructive presence for related purpose (sec. 301 (b)) as satisfying; 12-138 Hawaii, citizenship of citizen parent acquired thru birth in; residence in Hawaii before annexation deemed residence in U.S. under R.S. 1993; 3-206 Philippines, 1896, of Puerto Rican parents; Acts of Apr. 12, 1900, and Mar. 2, 1917; 3-286 Puerto Rico, citizenship of citizen parent acquired thru birth in; residence in unincorporated territory deemed residence in U.S. under R.S. 1993; 1-287 Puerto Rico, 1908, of Spanish parents, father in 1899 opted Spanish nationality; Act of Apr. 12, 1900 and subsequent Acts; 9-188 Puerto Rico, 1931, of Spanish parents, resided in Spain 1931 to 1957; 1917 Act as amended by 1934 Act; 10-256 retention requirements; see Citizenshiploss: retention requirements Virgin Islands, birth in, before acquisition by U.S.; see Citizenship: Virgin Islands Citizenship-acquisition at birth, by child born Virgin Islands, citizen mother born in; child born out of wedlock in Costa Rica; effect of father's naturalization; operation of Act of Feb. 25, 1927, as amended by Act of June 28, 1932; 3-870 Citizenship-acquisition by male descendants of Lafayette; effect of Maryland Act of 1784; 6-749 un Citizenship-acquisition by woman under Act of June 25, 1936, as amended; nationality "status" but not "rights" conferred less oath of allegiance taken; amendment of July 2, 1940 construed; 1-127, 283; 4723 Citizenship-acquisition thru naturalized Hawaiian citizen parent; 8-347 Citizenship-derivation (after birth) by child born abroad: Rev. Stat. 2172; only partially repealed by sec. 2, Act of May 24, 1934 (amending sec. 5, Act of Mar. 2, 1907); 1-127 Rev. Stat. 2172, operation of; 3-645 Rev. Stat. 2172; alien father and citizen mother divorced; custody of child to mother; application of "de Coll" ruling (37 Op. Atty. Gen. 90 (1933)); 3-845 Rev. Stat. 2172, thru resumption of citizenship by mother under Act of June 25, 1936; oath of allegiance not taken by mother during child's minority; 1-127 1907 Act; by legitimation thru marriage of parents when child over 21 years of age; retroactive effect; applicability of sec. 102 (h), 1940 Act; 3-225 1934 Act, sec. 2, residence requirement of 5 years; effect of temporary absence; 4-692 1934 Act, sec. 2, residence requirements; effect of repeal by 1940 Act where citizenship status not acquired before Jan. 13, 1941; 3-645 1934 Act, sec. 2, upon father's naturalization in 1935, child admitted to U.S. for permanent residence in 1929; 3-470 1940 Act, sec. 102 (h), applies only to cases arising under ch. III of 1940 Act; 3-225 1940 Act, sec. 206(b); child born in Sai- 1940 Act, secs. 313 and 314; 4-22 1940 Act, sec. 314 (c), custody of child legally separated; 1940 Act, sec. 314 (c), "legal separation" construed; 3-742, 850 1940 Act, sec. 347, savings clause applicability in derivative cases; 2-536; 3-645 born abroad-Continued 1952 Act, sec. 321: illegitimate child; over 16 on Dec. 24, 1952; 10-401; 13-566 illegitimate child, under 16 and residing law in effect when last material condi- lawful admission for permanent residence requirement; 3-815 Organic Act of Guam (Aug. 1, 1950); child born in Saipan of father born in Guam in 1904; 10-206 residence requirement under Act of 1934; 3-645; 4-692 resumption of citizenship by mother under Act of June 25, 1936, oath of allegiance not taken by mother during child's minority; 1-127 resumption of citizenship by widowed mother under Act of June 25, 1936; requirement of lawful admission for permanent residence; 3-815 Citizenship-derivation by woman thru marriage: Act of 1907, deemed "naturalized" citizen; 1-429 Rev. Stat. 1994; Chinese woman; 6-200 Citizenship-loss : act designated expatriative by statute; when inoperative; 8-226 action by dual national (upon reaching majority) to retain foreign nationality; effect; sec. 401, 1940 Act; 9-411 age, effective date of expatriation; 6-666 Korean conflict, as time of war; 6-756 25, 1947; 6422 burden of proof: degree; 3-141, 586 sec. 349 (c): 9-578; 11-186; 12-344 by naturalized citizen during temporary visit abroad; effect on perm. resident status; 11-414 cancellation of parent's naturalization, presumptive fraud, 1906 Act; 3-475; 5-218, 517; effect of consular officer's report of expatriation; 7-226 cancellation of parent's naturalization, upon; constructive presence satisfies sec. 340 (f) residence requirement; 9-64 denaturalization of spouse; effect on wife's immigration status; 1-84 denaturalization, through; retroactive effect ("relation back"); 3-275; 4-373, 702; 5-405, 759; 7-103 denaturalization, through; see also Citizenship-loss; revocation of naturalization distinguished from loss of rights of citizenship; 2-397 dual national; see Dual national employment by foreign government: Canada: member of school trustee board; 2-60 stenographer; 2-231 teacher; 1-304; 9-313; 12-380 Cuba: Cuban National Police; 10-675 evidence required; sec. 349 (a) (4), 1952 Act; 10-298, 675 Israel: music teacher, economic duress; 9-329 Italy: teacher: 4-521 Japan: teacher, economic duress; 7-692 Mexico: policeman; 2-363 teacher; forest ranger; 2-57 evading service in armed forces, departing U.S. or remaining out: sec. 349 (a) (10), 1952 Act; 6-379; 8-78 sec. 401 (j), 1940 Act; 2-276, 378, 417, 861, 910; 3-141, 347; 6-485; 9-30 findings of, by court in declaratory judgment suit; operation of doctrine of collateral estoppel in dep. proc.; 7-407 involuntariness, claim of; sec. 349 (c); 10-472 involuntariness, claim of; burden of proof, sec. 349 (c), date limitation; 9-578 knowledge of expatriative effect of one's acts as factor; 3-558; 4-528; 8-226; 9-670 legitimation of child who had acquired thru citizen mother; sec. 205, 1940 Act; 3-485; 4-440 naturalization, foreign; declaration of retention of foreign nationality, not equivalent of; 9-411 naturalization, foreign, during minority, thru father; 2-124, 427; 3-690, 761; 6-590 naturalization in foreign state during minority; 1-329 "naturalization," in foreign state; sec. 401(a), 1940 Act; question of: 10-394 naturalization, voluntary, in foreign state, accompanied by oath of allegiance; no intent retain U.S. citizenship; sec. 401 (a), 1940 Act; 13-517 oath of allegiance to foreign state, by (see also Oath of allegiance, foreign): involuntary military service, incident to; 3-586, 701; 5-497 sec. 2, 1907 Act: 1-548, 673; 2-60, 263, 296, 789, 908; 3-586, 701; 4-22 sec. 2, 1907 Act; confirmatory act, question of; 10-355 sec. 2, 1907 Act; during minority; majority confirmation; 2-789; 4-22: 8-604; effective date of loss; 10-355 oath of allegiance to foreign state, byContinued sec. 2, 1907 Act; during wartime, confirmed by subsequent acts: 8-604 sec. 401 (b), 1940 Act; 1-317, 558, 596; 3-470; 6-641, 792; 9-411 Philippines, citizens of: termination of U.S. nationality on July 4, 1946; 6-182 reacquisition of former citizenship by treaty, Norway; 3-98, 668 reacquisition of foreign nationality by operation of law: acceptance thereof, by voluntary overt act clearly manifesting: act itself not statutory ground of expatriation; effect, sec. 2, 1907 Act; 10-139 applying for and receiving Italian identity card; 6-590 as prerequisite to citizenship loss; sec. 2, 1907 Act; 3-671; 6-15; 9-660; 10-139 effective date of expatriation; 6-70; 9-660; 10-139 joining Fascist Party: 3-671; 6-15 obtaining and using Italian passport, as; 9-362 standard of proof required; sec. 2, renunciation of U.S. citizenship before no tary public; effect; 9-411 renunciation of U.S. citizenship, formal; 2-401; 3-110 renunciation of U.S. citizenship, formal; sec. 349 (a) (6), 1952 Act; 13-543 residence abroad by naturalized citizen, through: computation of period of residence, secs. effect of absences on continuity of for- exemption, ill health, sec. 353 (5), 1952 meaning of "en route" to U.S., delay incident to travel, secs. 404, 409, 1940 Act; 2-816, 889 residence abroad by naturalized citizen, through-Continued sec. 2, 1907 Act; 1-398, 429, 464, 563, 587 sec. 352 (a) (1), 1952 Act; 9-711 secs. 404, 409, 1940 Act; 2-816, 889; 3-321, 470, 668; 4-45, 421 sec. 404 (b), 1940 Act; 9-711 sec. 404 (b), 1940 Act, not applicable to former native-born citizen repatriated under sec. 323, 1940 Act, as amended by Act of Aug. 7, 1946; 4-248 treaty between Lithuania and U.S. (1988), overcoming presumption of loss: 4-321 treaty between Norway and U.S. (1869). intention to remain outside of U.S.; 3-96, 668 veteran of World War I, exemption; 3-668 retention requirements, sec. 201 (g), (h), (i), and 401 (a), 1940 Act: arrival in Aleutian Islands before, but on mainland after, 16th birthday; 4--360 arrival on 16th birthday; 4-617 delay not result of own inaction or lack of diligence; 4-639 effective date of loss under sec. 401(a); 2-6 failure to fulfill; citizenship retention under 1952 Act; 5-291; 7-646; 8-221, 226 fulfillment of, lacking but possible as of Dec. 24, 1952; citizenship retention thereafter determined under 1952 Act; 7-122 sec. 401(a); applicability to child who attains age of 23 subsequent to Dec. 24, 1952; 7-612; 8-511 retention requirements, sec. 301 (b), 1952 Act: arrival after 23d birthday not due to own lack of diligence; 8-221, 226 burden of proof; 12-344 compliance with, nothwithstanding failure to retain citizenship under sec. 201 (g), (h), 1940 Act; effect; 8-221, 226 fulfillment of; by citizen commuter, resident in Mexico, after 23d birthday; 10-22, 60 ignorance of claim to citizenship; effect; 10-366 physical presence; absence as member Armed Forces: constructive presence; 10-103 physical presence, continuous (5 yrs.); computation of; 10-22, 124 physical presence, effect of temporary absence on continuity; 7-646 physical presence requirement; combination of actual and constructive presence, as satisfying; 9-64; 11-51 physical presence requirement; constructive presence, finding of; also satisfies physical presence requirement for related purpose; 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