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MULTIPARTITE TREATIES TO WHICH THE UNITED STATES OF

AMERICA IS A PARTY

STATUS OF NATURALIZED CITIZENS

[Signed at Rio de Janeiro, August 13, 1906; ratification advised by the Senate, January 13, 1908; ratified by the President, January 16, 1909; ratification of the United States deposited with the Government of Brazil, February 25, 1908; proclaimed, January 28, 1913.]

Article I

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Article III

This Convention will become effective in the countries that ratify it, three months from the dates upon which said ratifications shall be communicated to the Government of the United States of Brazil; and if it should be denounced by any one of them, it shall continue in effect for one year more, to count from the date of such denouncement.

Article IV

The denouncement of this Convention by any one of the signatory States shall be made to the Government of the United States of Brazil and shall take effect

only with regard to the country that may make it (37 Stat. (pt. 2) 1653; Treaty Series, No. 575; Treaties, etc., III, 2882; Charles, Treaties, III, 125).

This convention was signed by: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, United States, and Uruguay.

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NATURALIZATION, CITIZENSHIP, AND LOSS OF NATIONALITY

[For the provisions of art. I, sec. 8, and art. XIV, sec. 1, of the Constitution of the United States concerning naturalization see p. 3.1

[For the provision of art. XVII, sec. 1, of the Constitution of Hawaii concerning naturalization see footnote, p. 8.]

REVISED STATUTES OF THE UNITED
STATES, 1878

SEC. 1044. No person shall be prosecuted, tried, or punished for any offense, not capital, except as provided in section 1046, unless the indictment is found, or the information is instituted, within three years next after such offense shall have been committed:

Provided, That nothing herein contained shall apply to any offense for which an indictment has been heretofore found or an information instituted, or to any proceedings under any such indictment or information (as amended by act of December 27, 1927, 45 Stat. 51; 18 U. S. C., 582. Based on sec. 32, act of April 30, 1790, 1 Stat. 119, and act of April 13, 1876, 19 Stat. 32, 33).

SEC. 1993. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides

therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegience to the United States of America as prescribed by the Bureau of Naturalization (as amended by sec. 1, act of May 24, 1934, 48 Stat. 797; 8 U. S. C. 6. Based on sec. 4, act of April 14, 1802, 2 Stat. 155, and sec. 1, act of February 10, 1855, 10 Stat. 604).

SEC. 1996. All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof (8 U. S. C. 12. Based on sec. 21, act of March 3, 1865, 13 Stat. 490).

SEC. 1998. That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully

ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: * * (as amended by sec. 1, act of August 22, 1912, 37 Stat. 356; 8 U. S. C. 11. Based on sec. 21, act of March 3, 1865, 13 Stat. 490).

SEC. 2166. Any alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States (8 U. S. C. 395. Based on sec. 21, act of July 17, 1862, 12 Stat. 597. For repeal of this section, except as to all aliens who, prior to January 1, 1900, served in the Armies of the United States and were honorably discharged therefrom, see sec. 2, act of May 9, 1918, 40 Stat. 546-547).

SEC. 2169. The provisions of this Title [Naturalization] shall apply to aliens [being free white persons, and to aliens] of African nativity and to persons of African descent (8 U. S. C. 359. Based on sec. 7, act of July 14, 1870, 16 Stat. 256; and act of February 18, 1875, 18 Stat. 318. For enlargement of this section to include certain Filipinos, see act of June 29, 1906, as amended by secs. 1, 2, act of May 9, 1918, 40 Stat. 542, 547; 8 U. S. C. 359, 388. See also, Pub., No. 162, 74th Cong., act of June 24, 1935).

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; * * U. S. C. 7. Based on sec. 4, act of April 14, 1802, 2 Stat. 155).

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STATUTES OF THE UNITED STATES

Law of May 6, 1882

SEC. 14. That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed (22 Stat. 61; 8 U. S. C. 363. See act of June 24, 1935, Pub., No. 162, 74th Cong., as to naturalization of certain alien veterans otherwise racially ineligible to naturalization).

Law of April 30, 1900

SEC. 4. That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii (31 Stat. 141; 8 U. S. C. 4; 48 U. S. C. 494).

And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninetyeight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii (31 Stat. 141; 48 U. S. C. 494).

*

SEC. 100. That for the purposes of naturalization under the laws of the United States residence in the Hawaiian Islands prior to the taking effect of this Act shall be deemed equivalent to residence in the United States and in the Territory of Hawaii, and the requirement of a previous declaration of intention to become a citizen of the United States and to renounce former allegiance shall not apply to persons who have resided in said islands at least five years prior to the taking effect of this Act; but all other provisions of the laws of the United States relating to naturalization shall, so far as applicable, apply to persons in the said islands. All records relating to naturalization, all declarations of intention to become citizens of the United States, and all certificates of naturalization filed, recorded, or issued prior to the taking effect of the naturalization Act of June twentyninth, nineteen hundred and six, in or from any circuit court of the Territory of Hawaii, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized (31 Stat. 161; 8 U. S. C. 385; as amended by sec. 9, act of May 27, 1910, 36 Stat. 448).

(The foregoing provisions are a part of the act of April 30, 1900, to provide a government for the Territory of Hawaii.)

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