within the United States within the meaning of this Act shall include residence within any of the outlying possessions of the United States. (54 Stat. 1148; 8 U. S. C. 721.) PUERTO RICANS: DECLARATION OF CITIZENSHIP SEC. 322. A person born in Puerto Rico of alien parents, referred to in the last paragraph of section 5, Act of March 2, 1917 (U. S. C., title 8, sec. 5), and in section 5a, of the said Act, as amended by section 2 of the Act of March 4, 1927 (U. S. C., title 8, sec. 5a), who did not exercise the privilege granted of becoming a citizen of the United States, may make the declaration provided in said paragraph at any time, and from and after the making of such declaration shall be a citizen of the United States. (54 Stat. 1148; 8 U. S. C. 722.) PERSONS SERVING IN ARMED FORCES OR ON VESSELS FORMER CITIZENSHIP OF UNITED STATES LOST BY ENTERING ARMED FORCES OF ALLIED COUNTRIES DURING FIRST WORLD WAR SEC. 323. A person who, while a citizen of the United States and during the first or second World War, entered the military or naval service of any country at war with a country with which the United States was or is at war, who has lost citizenship of the United States by reason of any oath or obligation taken for the purpose of entering such service, or by reason of entering or serving in such armed forces, and who intends to reside permanently in the United States, may be naturalized by taking before any naturalization court specified in subsection (a) of section 301, the oaths prescribed by section 835. Any such person who has lost citizenship of the United States during the second World War may, if he so desires, be naturalized by taking, before any diplomatic or consular officer of the United States abroad, the oaths prescribed by section 335. For the purposes of this section, the second World War shall be deemed to have commenced on September 1, 1939, and shall continue until such time as the United States shall cease to be in a state of war. Certified copies of such oath shall be sent by such diplomatic or consular officer or such court to the Department of State and to the Department of Justice. (54 Stat. 1149; 8 U. S. C. 723; 56 Stat. 198; 8 U. S. C. 723.)' SEC. 323a. A person who was a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918, or at any time after April 20, 1898, and before July 5, 1902, or who served on the Mexican Border as a member of the regular Army or National Guard from June 1916, to April 1917, who is not an alien ineligible to citizenship, who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever Prior to its amendment by the Act of Apr. 2, 1942, § 323 read: SEC. 323. A person who, while a citizen of the United States and during the World War in Europe, entered the military or naval service of any country at war with a country with whien the United States was then at war, who has lost citizenship of the United States by reason of any oath or obligation taken for the purpose of entering such service, may be naturalized by taking before any naturalization court specified in subsection (a) of section 301 the oaths prescribed by section 335. (54 Stat. 1149; 8 U. S. C. 723.) or refused to wear the uniform, and who was not at any time during such period or thereafter discharged from the military or naval forces on account of his alienage, shall, if he has resided in the United States continuously for at least two years pursuant to a legal admission for permanent residence in lieu of the usual five years' residence within the United States and six months' residence within the State of his residence at the time of filing the petition for naturalization, during all of which two-year period he has behaved as a person of good moral character, be entitled at any time within one year after the date of approval of this Act to naturalization upon compliance with all of the requirements of the naturalization laws, except that (1) no declaration of intention shall be required; (2) no certificate of arrival shall be required unless such person's admission to the United States was subsequent to March 3, 1924; and (3) no residence within the jurisdiction of the court shall be required. Such petitioner shall verify his petition for naturalization by the affidavits of at least two credible witnesses who are citizens of the United States, or shall furnish the depositions of two such witnesses made in accordance with the requirements of subsection (e) of section 327 of the Nationality Act of 1940, to prove the required residence, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States. On applications filed for any benefits under this Act, the requirement of fees for naturalization documents is hereby waived. (56 Stat. 1041; 8 U. S. C. 723a.) PERSONS, INCLUDING FILIPINOS, SERVING HONORABLY FOR SPECIFIED PERIOD IN UNITED STATES ARMY, NAVY, MARINE CORPS, OR COAST GUARD, AND SEPARATED UNDER HONORABLE CONDITIONS SEO. 824. (a) A person, including a native-born Filipino, who has served honorably at any time in the United States Army, Navy, Marine Corps, or Coast Guard for a period or periods aggregating three years and who, if separated from such service, was separated under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person's petition, in the United States for at least five years and in the State in which the petition for naturalization is filed for at least six months, if such petition is filed while the petitioner is still in the service or within six months after the termination of such service. (54 Stat. 1149; 8 U. S. C. 724.) IF PETITION FILED WHILE IN SERVICE OR WITHIN SIX MONTHS OF ITS TERMINATION: REQUIREMENTS AND EXEMPTIONS (b) A person filing a petition under subsection (a) of this section shall comply in all respects with the requirements of this chapter except that $8 • Section 823a added by Act of Dec. 7, 1942. No declaration of intention shall be required; (3) No residence within the jurisdiction of the court shall be required; (4) Such petitioner may be naturalized immediately if the petitioner be then actually in any of the services prescribed in subsection (a) of this section, and if, before filing the petition for naturalization, such petitioner and at least two verifying witnesses to the petition, who shall be citizens of the United States and who shall identify petitioner as the person who rendered the service upon which the petition is based, have appeared before and been examined by a representative of the Service. (64 Stat. 1149; 8 U.S. C. 724.) WHERE SERVICE NOT CONTINUOUS: PROOF OF RESIDENCE, GOOD MORAL CHARACTER, AND ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION (c) In case such petitioner's service was not continuous, petitioner's residence in the United States and State, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately preceding the date of filing said petition between the periods of petitioner's service in the United States Army, Navy, Marine Corps, or Coast Guard, shall be verified in the petition filed under the provisions of subsection (a) of this section, and proved at the final hearing thereon by witnesses, citizens of the United States, in the same manner as required by section 809. Such verification and proof shall also be made as to any period between the termination of petitioner's service and the filing of the petition for naturalization. (54 Stat. 1149; 8 U. S. C. 724.) RESIDENCE REQUIREMENTS IN UNITED STATES AND STATE (d) The petitioner shall comply with the requirements of section 309 as to continuous residence in the United States for at least five years and in the State in which the petition is filed for at least six months, immediately preceding the date of filing the petition, if the termination of such service has been more than six months preceding the date of filing the petition for naturalization, except that such service shall be considered as residence within the United States or the State. (54 Stat. 1149; 8 U.S. C. 724.) PROOP OP SERVICE BY DULY AUTHENTICATED COPIES OF RECORDS OF THE EXECUTIVE DEPARTMENTS HAVING CUSTODY OF SERVICE RECORDS (e) Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of affidavits and testimony or depositions of witnesses. (84 Stat. 1149–1150; 8 U. S. C. 724.) PERSONS SERVING HONORABLY FIVE YEARS ON CERTAIN UNITED STATES VESSELS: REQUIREMENTS AND EXEMPTIONS Sec. 325. (a) A person who has served honorably or with good conduct for an aggregate period of at least five years (1) on board of any vessel of the United States Government other than in the United States Navy, Marine Corps, or Coast Guard, or (2) on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels, and whose home port is in the United States, may be naturalized without having resided, continuously immediately preceding the date of filing such person's petition, in the United States for at least five years, and in the State in which the petition for naturalization is filed for at least six months, if such petition is filed while the petitioner is still in the service on a reenlistment, reappointment, or reshipment, or within six months after an honorable discharge or separation therefrom. (54 Stat. 1150; 8 U.S. C. 725.) PROVISIONS OF SECTION 324 (B), (C), (D), AND (E) APPLICABLE (b) The provisions of subsections (b), (c), (d), and (e) of section 324 shall apply to petitions for naturalization filed under this section, except that service with good conduct on vessels described in subsection (a) (2) of this section may be proved by certificates from the masters of such vessels. (54 Stat. 1150; 8 U.S. C. 725.) ALIEN ENEMIES. MAY BE NATURALIZED UNDER SPECIFIED CONDITIONS AND PROCEDURE Sec. 326. (a) An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may be naturalized as a citizen of the United States if such alien's declaration of intention was made not less than two years prior to the beginning of the state of war, or such alien was at the beginning of the state of war entitled to become a citizen of the United States without making a declaration of intention, or his petition for naturalization shall at the beginning of the state of war be pending and the petitioner is otherwise entitled to admission, notwithstanding such petitioner shall be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject. (54 Stat. 1150; 8 U.S. C. 726.) NINETY DAYS' NOTICE OF FINAL HEARING BY CLERK OP COURT TO COMMISSIONER OF IMMIGRATION AND NATURALIZATION; OBJECTION TO HEARING (b) An alien embraced within this section shall not have such alien's petition for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Commissioner to be represented at the hearing, and the Commissioner's objection to such final hearing shall cause the petition to be continued from time to time for so long as the Commissioner may require. (54 Stat. 1150; 8 U.S. C. 726.) APPREHENSION AND REMOVAL OF ALIEN ENEMIES (c) Nothing herein contained shall be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien. (54 Stat. 1150; 8 U.S. C. 726.) EXEMPTION FROM CLASSIFICATION OF ALIEN ENEMY (d) The President of the United States may, in his discretion, upon investigation and report by the Department of Justice fully establishing the loyalty of any alien enemy not included in the foregoing exemption, except such alien enemy from the classification of alien enemy, and thereupon such alien shall have the privilege of applying for naturalization. (54 Stat. 1150; 8 U.S. C. 726.) PROCEDURAL AND ADMINISTRATIVE PROVISIONS EXECUTIVE FUNCTIONS COMMISSIONER OR DEPUTY COMMISSIONER IN CHARGE OF ADMINISTRATION OF THE NATURALIZATION LAWS Seo. 327. (a) The Commissioner, or, in his absence, a Deputy Commissioner, shall have charge of the administration of the naturalization laws, under the immediate direction of the Attorney General, to whom the Commissioner shall report directly upon all naturalization matters annually and as otherwise required. (54 Stat. 1150-1151; 8 U. S. C. 727.) AUTHORITY TO MAKE RULES AND REGULATIONS, PRESCRIBE THE SCOPE AND NATURE OF THE EXAMINATION OF PETITIONERS FOR NATURALIZATION AND TO MAKE RECOMMENDATIONS TO THE NATURALIZATION COURTS; LIMITATIONS UPON PREEXAMINATION (b) The Commissioner, with the approval of the Attorney General, shall make such rules and regulations as may be necessary to carry into effect the provisions of this chapter and is authorized to prescribe the scope and nature of the examination of petitioners for naturalization as to their admissibility to citizenship for the purpose of making appropriate recommendations to the naturalization courts. Such examination shall be limited to inquiry concerning the applicant's residence, good moral character, understanding of and attachment to the fundamental principles of the Constitution of the United States, and other qualifications to become a naturalized citizen as required by law, and shall be uniform throughout the United States. (54 Stat. 1151; 8 U. S. C. 727.) CITIZENSHIP INSTRUCTION OF APPLICANTS FOR NATURALIZATION; NAMES OF CANDIDATES TO PUBLIC SCHOOLS; PREPARING AND DISTRIBUTING CITIZEN. SHIP TEXTBOOK; MONTHLY IMMIGRATION AND NATURALIZATION BULLETIN; COOPERATION WITH OFFICIAL STATE AND NATIONAL ORGANIZATIONS (c) The Commissioner is authorized to promote instruction and training in citizenship responsibilities of applicants for naturalization including the sending of names of candidates for naturalization to the public schools, preparing and distributing citizenship textbooks to such candidates as are receiving instruction in preparation for citizenship within or under the supervision of the public schools, preparing and distributing monthly an immigration and naturalization bulletin and securing the aid of and cooperating with official State and National organizations, including those concerned with vocational education. (54 Stat. 1151; 8 U. S. C. 727.) |