FORMER CITIZENS OF THE UNITED STATES ec. 316. (a) A person who was born a citizen of the United States or who otherwise acquired citizenship of the United States, and who prior to September 22, 1922, lost United States citizenship by marriage to an alien or by the spouse's loss of United States citizenship, and any person who lost United States citizenship on or after September 22, 1922, by marriage, to an alien ineligible to citizenship, may, if no other nationality was acquired by affirmative act other than such marriage, be naturalized upon compliance with all requirements of the naturalization laws with the following exceptions: (1) No declaration of intention and no certificate of arrival shall be required, and no period of residence within the United States or within the State where the petition is filed shall be required. (2) The petition need not set forth that it is the intention of the petitioner to reside permanently within the United States. (3) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner. (4) The petition may be heard at any time after filing if there is attached to the petition at the time of filing a certificate from a naturalization examiner stating that the petitioner has appeared before such examiner for examination. Such person shall have, from and after the naturalization, the same citizenship status as that which existed immediately prior to its loss. Proposed section 316 (a) is substantially a continuce of that portion of the Cable Act of 1922, as ended, which provides for the expeditious reacquisin of previous citizenship status by certain former ited States citizens. It is somewhat broader than 1922 act, as amended, which would confine its appliion to women other than those whose United States zenship originated solely by reason of marriage to itizen of the United States or the acquisition of ited States citizenship by her husband. The proed draft would include not only women who were zens of the United States at birth but those who erwise acquired it and lost it prior to September 22, 2. It includes the case of a citizen whose former zenship was lost prior to the Cable Act by marriage an alien, or by the loss by the spouse of United tes citizenship. It also includes the case of a perwho lost citizenship on or after the adoption of the ›le Act by marriage to an alien ineligible to citizen (sec. 4, act of September 22, 1922, as amended by sec. 2, act of July 3, 1930, 46 Stat. 854, U. S. C., title 8, sec. 369, as amended by sec. 4 (a), act of March 3, 1931, 46 Stat. 1511-1512, U. S. C., title 8, secs. 368a and 369a). In such cases, if no other nationality was acquired by affirmative act, the petitioner may be relieved of the requirements as to the declaration of intention, certificate of arrival, period of residence within the United States or the local political subdivision, allegation of an intent to reside permanently within the United States, filing the petition in the court within the naturalization jurisdiction in which the petitioner resides, and waiting the usual lapse between the time of filing the petition and the final hearing. (b) (1) From and after the effective date of this Act, a woman, who was a citizen of the United States at birth, and who has or is believed to have lost her United States citizenship solely by reason of her marriage prior to September 22, 1922, to an alien, and whose marital status with such alien has or shall have terminated, if no other nationality was acquired by affirmative act other than such marriage, shall, from and after the taking of the oath of allegiance prescribed by subsection (b) of section 334 of this chapter, be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922. (2) Such oath of allegiance may be taken abroad before a diplomatic or consular officer of the United States, or in the United States before the judge or clerk of a court having jurisdiction to naturalize aliens as citizens of the United States. (3) Such oath of allegiance shall be entered in the records of the appropriate embassy or legation or consulate or naturalization court, and, upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy or legation or consulate or naturalization court, shall be delivered to such woman at a cost not exceeding $1, which certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department of the United States. Proposed section 316 (b) carries into the proposed code the substance of the act of June 25, 1936 (Public, No. 793; 49 Stat. 1917; U. S. C., sup. II, title 8, sec. 9a) providing for the repatriation of certain former women citizens who had theretofore lost their citizenship by marriage to aliens. As enacted, it refers to "native-born" citizens only, leaving in doubt the status of women who were born into citizenship out (a) A former citizen of the United States expatriated through the expatriation of such person's parent or parents and who has not acquired the nationality of another country by any affirmative act other than the expatriation of his parent or parents may be naturalized upon filing a petition for naturalization before reaching the age of twenty-five years and upon compliance with all requirements of the naturalization laws with the following exceptions: (1) No declaration of intention and no certificate of arrival and no period of residence within the United States or in a State shall be required; (2) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner; (3) If there is attached to the petition at the time of filing, a certificate from a naturalization examiner stating that the petitioner has appeared before him for examination, the petition may be heard at any time after filing; and (4) Proof that the petitioner was at the time his petition was filed and at the time of the final hearing thereon 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, and that he intends to reside permanently in the United States shall be made by any means satisfactory to the naturalization court. Ch. No former extizen of the United St expatriated through the expatriation of s. person's parent or parents, shall be othe comply with the requirements of the ima tion laws, if he has not acquired the nation. of another country by any a5rmative act a than the expatriation of his parent or pare and if he has come or shal come to the Uz States before reaching the age of twentyyears. (e) After his naturalization such person s have the same citizenship status as if he ha been expatriated. Po posed section 317, 11 . b. azi tel. en are group of former citizens of the United S 10. Titors, best their erzenstip thr expatriation abroad of the parat or parenta estation was dismissed at length of the Attorney eral of the United States in the Tobiassen Cax Op. Atty. Get 535 1932.. See also, United Sta Reid C. C. A.. i. Circuit. 1934.. 73 F. 21 There is now no provision for their naturalizını cept by compliance with all the usual requires T cluding the filing of a declaration of intention. 2 years prior to the petition for naturalizat years continuous residence immediately prece filing of the petition. As many such former citizens were brought i the United States during childhood and have most of their lives in this country the same restr upon naturalization would not appear to be eit!essary or desirable. It has been felt to be equitable and desiralopportunity be accorded such persons to becom uralized without the usual formalities of residero proof, provided they petition for naturalization" a naturalization court in the United States reaching the age of 25 years and establish by ev. satisfactory to the court that they are then pe of good moral character, attached to the princip the Constitution of the United States, well dis to the good order and happiness of the United S and intend to reside permanently in this country. persons after naturalization would have the san zenship status as though they had not been expat: It is felt that persons that have thus lost their zenship as minors through no action of their ow. without volition on their part and who, throug act of a parent or parents have technically b aliens, should not be forced to conform to the r ments of the immigration laws if they have n quired the nationality of a foreign country b affirmative act other than the expatriation of the ent or parents, provided the child has come or come to the United States before reaching the 25 years, ec. 318. (a) A person who as a minor child lost citizenship of the United States through the cancelation of the parent's naturalization on grounds other than actual fraud or on the ground specified in the second paragraph of section 15 of the Act of June 29, 1906, as amended (34 Stat. 601; 40 Stat. 544, U. S. C., title 8, section 405), or who shall lose citizenship of the United States under subsection (c) of section 337 of this chapter, may, if such person resided in the United States at the time of such cancelation and if, within two years after such cancelation or within two years after the effective date of this section, such person files a petition for naturalization or such a petition is filed on such person's behalf by a parent or guardian if such person is under the age of eighteen years, be naturalized upon compliance with all requirements of the naturalization laws with the exception that no declaration of intention shall be required and the required five-year period of residence in the United States need not be continuous. Proposed section 318 (a) concerns the children of sons whose naturalization has been revoked because illegality. The children of such persons, had the uralization been valid, would have become citizens minors residing permanently within the United ites. Inasmuch as they are usually the innocent vicis of the parent's illegal naturalization, and as the ents themselves as a rule have not wilfully evaded requirements of the naturalization law where the icelation is based upon illegality and not actual - ud, the children would seem to be entitled to some axation from the usual requirements for naturaliza The Attorney General has held that, under the law v in effect, the wife and child who, if the naturalizan of the husband and father had been valid, would ve been citizens of the United States, did not behe citizens where the naturalization was fraudulently ained and later canceled. The Attorney General d that such result followed even though the cancelaof the naturalization grew out of the presumption fraud raised because the naturalized person took up "manent residence abroad within 5 years after his uralization (36 Op. Atty. Gen. 446 (1931)). The cuit Court of Appeals for the Third Circuit took same view as to the alleged citizenship of the wife the naturalized person where the naturalization was celed because of actual fraud (Rosenberg v. United tes (1932), 60 F. (2d) 475). This subsection provides that a person included hin its scope might be naturalized upon compliance h all the requirements of the naturalization laws other than making a declaration of intention and showing that the required 5-year period of residence within the United States was continuous. However, in order to be qualified, an applicant under this proposed subsection must have resided in the United States at the time of the cancelation of the parent's naturalization, and the petition for naturalization must be filed within 2 years after the cancelation or within 2 years after the effective date of this section. If the child is under the age of 18 years the petition may be filed in its behalf by a parent or guardian. The specified exemptions would not be available in any case where the parent's naturalization was canceled on the ground of actual fraud. While the case referred to by the Attorney General involved presumptive and not actual fraud, it would seem unduly harsh to apply the rule to such cases where the status of children is involved. Therefore, the proposed subsection has been made applicable to cases of children where the naturalization of the parent has been canceled because of taking up permanent residence abroad within 5 years after naturalization. (b) Citizenship acquired under this section shall begin as of the date of the person's naturalization, except that in those cases where the person has resided continuously in the United States from the date of the cancelation of the parent's naturalization to the date of the person's naturalization under this section, the citizenship of such person shall relate back to the date of the parent's naturalization which has been canceled or to the date of such person's arrival in the United States for permanent residence if such date was subsequent to the date of naturalization of said parent. Proposed section 318 (b) provides that citizenship under this section shall begin as of the date of the subsequent naturalization. An exception is made where the person has resided continuously in the United States from the date of the cancelation of the parent's naturalization to the date of the person's naturalization under this section. Here citizenship would relate back to the date of the parent's naturalization which has been canceled, or to the date of the person's arrival in the United States for permanent residence if the latter was subsequent to the parent's naturalization. PERSONS MISINFORMED OF CITIZENSHIP STATUS Sec. 319.-A person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July 1, 1920, and was on that date otherwise qualified to become a citizen of the United States, except that such person had not made a declaration of intention required by law and who during or prior to that time, because of misinformation regarding of the limits and jurisdiction of the United States by reason of being the children of citizen fathers who had resided in the United States prior to the birth of the children. As proposed, the language, "a citizen of the United States at birth," would include both citizens under section 1993 of the United States Revised Statutes and citizens born in the United States subject to its jurisdiction and, therefore, citizens under section 1 of the fourteenth amendment to the Constitution. This proposed subsection would also clarify the status of such a woman from the effective date of the proposed code until she has taken the oath of allegiance prescribed by the naturalization law. While the act of June 25, 1936, provides that thereafter a woman of the class to which the act relates shall be deemed to be a citizen of the United States, it adds the restriction (b) No former citizen of the United S Se expatriated through the expatriation of person's parent or parents, shall be oblig comply with the requirements of the imm tion laws, if he has not acquired the nation of another country by any affirmative act than the expatriation of his parent or pare and if he has come or shall come to the U States before reaching the age of twenty years. (c) After his naturalization such person have the same citizenship status as if he ha been expatriated. Proposed section 317, (a), (b), and (c), COTE large group of former citizens of the United St who, while minors, lost their citizenship throug that such woman shall not have or claim any rights expatriation abroad of the parent or parents. of a citizen of the United States until she has taken the oath of allegiance. It is proposed that the resumption of her citizenship shall be effective only from the taking of the oath of allegiance. Sec. 317. (a) A former citizen of the United States expatriated through the expatriation of such person's parent or parents and who has not ac quired the nationality of another country by any affirmative act other than the expatriation of his parent or parents may be naturalized upon filing a petition for naturalization before reaching the age of twenty-five years and upon compliance with all requirements of the naturalization laws with the following exceptions: (1) No declaration of intention and no certificate of arrival and no period of residence within the United States or in a State shall be required; (2) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner; (3) If there is attached to the petition at the time of filing, a certificate from a naturalization examiner stating that the petitioner has appeared before him for examination, the petition may be heard at any time after filing; and (4) Proof that the petitioner was at the time his petition was filed and at the time of the final hearing thereon 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, and that he intends to reside permanently in the United States shall be made by any means satisfactory to the naturalization court. situation was discussed at length by the Attorney eral of the United States in the Tobiassen Case Op. Atty. Gen. 535 (1932). See also, United Sta Reid (C. C. A., 9th Circuit, 1934), 73 F. (2d) 1 There is now no provision for their naturalization cept by compliance with all the usual requirements cluding the filing of a declaration of intention at les 2 years prior to the petition for naturalization and years' continuous residence immediately preceding filing of the petition. As many such former citizens were brought back the United States during childhood and have I most of their lives in this country the same restricti upon naturalization would not appear to be either: essary or desirable. a S ti t n ti C 이 h It has been felt to be equitable and desirable t opportunity be accorded such persons to become r uralized without the usual formalities of residence & proof, provided they petition for naturalization bef a naturalization court in the United States beft reaching the age of 25 years and establish by eviden satisfactory to the court that they are then perso of good moral character, attached to the principles the Constitution of the United States, well dispos h to the good order and happiness of the United State and intend to reside permanently in this country. Suc persons after naturalization would have the same cit zenship status as though they had not been expatriated It is felt that persons that have thus lost their citi zenship as minors through no action of their own and without volition on their part and who, through the act of a parent or parents have technically become aliens, should not be forced to conform to the require ments of the immigration laws if they have not ac quired the nationality of a foreign country by any affirmative act other than the expatriation of the parent or parents, provided the child has come or shall come to the United States before reaching the age of 25 years, ti 01 са W ec. 318. (a) A person who as a minor child lost citizenship of the United States through the cancelation of the parent's naturalization on grounds other than actual fraud or on the ground specified in the second paragraph of section 15 of the Act of June 29, 1906, as amended (34 Stat. 601; 40 Stat. 544, U. S. C., title 8, section 405), or who shall lose citizenship of the United States under subsection (c) of section 337 of this chapter, may, if such person resided in the United States at the time of such cancelation and if, within two years after such cancelation or within two years after the effective date of this section, such person files a petition for naturalization or such a petition is filed on such person's behalf by a parent or guardian if such person is under the age of eighteen years, be naturalized upon compliance with all requirements of the naturalization laws with the exception that no declaration of intention shall be required and the required five-year period of residence in the United States need not be continuous. Proposed section 318 (a) concerns the children of sons whose naturalization has been revoked because illegality. The children of such persons, had the uralization been valid, would have become citizens minors residing permanently within the United ites. Inasmuch as they are usually the innocent vicis of the parent's illegal naturalization, and as the ents themselves as a rule have not wilfully evaded requirements of the naturalization law where the celation is based upon illegality and not actual . ud, the children would seem to be entitled to some -axation from the usual requirements for naturalizaja. The Attorney General has held that, under the law v in effect, the wife and child who, if the naturalizae of the husband and father had been valid, would e been citizens of the United States, did not behe citizens where the naturalization was fraudulently ained and later canceled. The Attorney General 1 that such result followed even though the cancelaof the naturalization grew out of the presumption fraud raised because the naturalized person took up manent residence abroad within 5 years after his uralization (36 Op. Atty. Gen. 446 (1931)). The cuit Court of Appeals for the Third Circuit took same view as to the alleged citizenship of the wife he naturalized person where the naturalization was celed because of actual fraud (Rosenberg v. United tes (1932), 60 F. (2d) 475). 'his subsection provides that a person included hin its scope might be naturalized upon compliance h all the requirements of the naturalization laws other than making a declaration of intention and showing that the required 5-year period of residence within the United States was continuous. However, in order to be qualified, an applicant under this proposed subsection must have resided in the United States at the time of the cancelation of the parent's naturalization, and the petition for naturalization must be filed within 2 years after the cancelation or within 2 years after the effective date of this section. If the child is under the age of 18 years the petition may be filed in its behalf by a parent or guardian. The specified exemptions would not be available in any case where the parent's naturalization was canceled on the ground of actual fraud. While the case referred to by the Attorney General involved presumptive and not actual fraud, it would seem unduly harsh. to apply the rule to such cases where the status of children is involved. Therefore, the proposed subsection. has been made applicable to cases of children where the naturalization of the parent has been canceled because of taking up permanent residence abroad within 5 years after naturalization. (b) Citizenship acquired under this section shall begin as of the date of the person's naturalization, except that in those cases where the person has resided continuously in the United States from the date of the cancelation of the parent's naturalization to the date of the person's naturalization under this section, the citizenship of such person shall relate back to the date of the parent's naturalization which has been canceled or to the date of such person's arrival in the United States for permanent residence if such date was subsequent to the date of naturalization of said parent. Proposed section 318 (b) provides that citizenship under this section shall begin as of the date of the subsequent naturalization. An exception is made where the person has resided continuously in the United States from the date of the cancelation of the parent's naturalization to the date of the person's naturalization under this section. Here citizenship would relate back to the date of the parent's naturalization which has been canceled, or to the date of the person's arrival in the United States for permanent residence if the latter was subsequent to the parent's naturalization. PERSONS MISINFORMED OF CITIZENSHIP STATUS Sec. 319.-A person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July 1, 1920, and was on that date otherwise qualified to become a citizen of the United States, except that such person had not made a declaration of intention required by law and who during or prior to that time, because of misinformation regarding |