40

personally known the petitioner to have been a resident at such place for such period, and that the petitioner is and during all such period has been a person of good moral character. (45 Stat. 1513; 8 U. S. C. 379.) CERTIFICATE OF ARRIVAL AND DECLARATION OF INTENTION TO BE FILED

WITH CLERK OF COURT AT TIME PETITION IS FILED At the time of filing his petition there shall be filed with the clerk of the court a certificate from the Department of Justice, if the petitioner arrives in the United States after the passage of this Act, stating the date, place, and manner of his arrival in the United States, and the declaration of intention of such petitioner, which certificate and declaration shall be attached to and made a part of said petition. (34 Stat. 597; 8 U. S. C. 380.)

OATH OF RENUNCIATION AND ALLEGIANCE Third, He shall, before he is admitted to citizenship, declare on oath, in open court, that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of which he was before a citizen or subject; and he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same. (53 Stat. 844; 8 U.S. C. 381.) 50

REQUIREMENTS AND PROOF AS TO RESIDENCE, CHARACTER, AND

ATTACHMENT TO CONSTITUTION Fourth. No alien shall be admitted to citizenship unless (1) immediately preceding the date of his petition the alien has resided continuously within the United States for at least five years and within the county *7 where the petitioner resided at the time of filing his petition for at least six months, (2) he has resided continously within the United States from the date of his petition up to the time of his admission to citizenship, and (3) during all the

periods referred to in this subdivision he has behaved as 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. At the hearing of the petition, residence in the county" where the petitioner resides at the time of filing his petition, and the other qualifications required by this subdivision during such residence, shall be proved by the oral testimony of at least two credible witnesses, citizens of the United States, in addition to the affidavits required by this Act to be included in the petition. If the petitioner has resided in two or more places in such county" and for this reason two witnesses cannot be procured to testify as to all such residence, it may be proved by the oral testimony of two such witnesses for each such place of residence, in addition to the affidavits required by this Act to be included in the petition. At the hearing, residence within the United States but outside the county," and the other qualifications required by this subdivision during such residence shall be proved either by depositions made before a naturalization examiner 5 or by the oral testimony of at least two such witnesses for each place of residence. (45 Stat. 1513-1514; 8 U. S. C. 382.) 52

EFFECT OF ABSENCE FROM UNITED STATES

Absence from the United States for a continuous period of more than six months and less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the petition for naturalization, or during the period between the date of filing the petition, and the date of final hearing, shall be presumed to break the continuity of such residence, but such presumption may be overcome by the presentation to the naturalization court of satisfactory evidence that such individual had a reasonable cause for not returning to the United States during such absence. Absence from the United States for a continuous period of one year or more

For footnote 47 see page 467.

61 Provision was originally made in sec. 10, Act of June 29, 1906, for proof of residence in the United States during the period preceding the required State residence period by depositions of two or more citizen witnesses. This section, repealed by sec. 6e, Act of March 2, 1929 (45 Stat. 1514), originally read as follows:

"SEC. 10. That in case the petitioner has not resided in the State, Territory, or district for a period of five years continuously and immediately preceding the filing of his petition he may establish by two witnesses, both in his petition and at the hearing, the time of his residence within the State, provided that it has been for more than one year, and the remaining portion of his five years' residence within the United States required by law to be established may be proved by the depositions of two or more witnesses who are citizens of he United Sates, upon notice to the Bureau of Immigration and Naturalization and the United States attorney for the district in which said witnesses may reside." (34 Stat. 599.) Sec. 1. Act of May 9, 1918 (40 Stat. 544), repealed the requirement of this section of notice to the United States attorneys to take depositions.

Sec. 6 (b), Act of March 2, 1929, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), but see secs. 307, 308 and 309 thereof, at pp. 361-364, for provisions under that Act on the same subject. The fourth subdivision to sec. 4, Act of June 29, 1906, prior to its amendment, read as follows (34 Stat. 598):

"It shall be made to appear to the satisfaction of the court admitting any allen to citizenship that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the State or Territory where such court is at the time held one year at least, and that during that time he has behaved as a man 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 same. In addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record."

during the period for which continuous residence is required for admission to citizenship immediately preceding the date of filing the petition for naturalization or during the period between the date of filing the petition and the date of final hearing, shall break the continuity of such residence except, that in the case of an alien

(a) who has been lawfully admitted into the United States for permanent residence,

(b) who has resided in the United States for at least one year thereafter, and

(c) who has made a declaration of intention to become a citizen of the United States, who shall be deemed an eligible alien for the purposes of this paragraph and who thereafter has been sent abroad as an employee of or under contract with the Government of the United States, or who thereafter proceeded abroad as an employee or representative of, or under contract with an American institution of research recognized as such by the Attorney General,63 or as an employee a firm or corporation engaged in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or any such eligible alien as above defined who has proceeded abroad temporarily and has within a period of one year of his departure from the United States become an employee or representative of, or who is under contract with such an American institution of research, or has become an employee of such an American firm or corporation, no such absence shall break the continuity of residence in the United States if

“(1) Prior to the beginning of such absence, or prior to the beginning of such employment, contract, or representation on behalf of an American institution of research or an American firm or corporation as aforesaid, such alien has established to the satisfaction of the Attorney General 68 that his absence for such period is to be on behalf of such government or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged solely or principally in the development of such foreign trade and commerce, or whose residence abroad is necessary to the protection of the property rights abroad of such firm or corporation; and

" (2) Such alien proves to the satisfaction of the court that his absence from the United States for such period has been for such purpose.

“An alien who has been lawfully admitted into the United States for permanent residence, and who is the wife or husband of a citizen of the United States so engaged abroad within one of the above-mentioned categories, shall be considered as residing in the United States for the purpose of naturalization notwithstanding any absence from the United States.

This amendment shall not affect cases of aliens who prior to the date of its enactment have established to the satisfaction of the Attorney General,5% pursuant to an Act entitled 'An Act to amend the naturalization laws in respect of residence requirements, and for other purposes', approved June 25, 1936, that absence from the

a

United States was to be or had been for the purpose of carrying on activities described therein." (52 Stat. 1247-1248; 8 U. S. C. 382.) 54

Public Resolution of June 29, 1938, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904).

Subdivision 4, sec. 4, originally read as follows in the Act of June 29, 1906 (34 Stat. 598):

"Fourth. It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the State or Territory where such court is at the time held one year at least, and that during that time he has behaved as a man 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 same. In addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record.'

Sec. 6 (a), Act of March 2, 1929, effective July 1, 1929, amended the fourth subdivision to read as follows (45 Stat. 1513-1514):

"Fourth. No alien shall be admitted to citizenship unless (1) immediately preceding the date of his petition the alien has resided continuously within the United States for at least five years and within the county where the petitioner resided at the time of filing his petition for at least six months, (2) he has resided continuously within the United States from the date of his petition up to the time of his admission to citizenship, and (3) during all the periods referred to in this subdivision he has behaved as 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. At the hearing of the petition, residence in the county where the petitioner resides at the time of filing his petition, and the other qualifications required by this subdivision during such residence, shall be proved by the oral testimony of at least two credible witnesses, citizens of the United States, in addition to the affidavits required by this Act to be included in the petition. If the petitioner has resided in two or more places in such county and for this reason two witnesses cannot be procured to testify as to all such residence, it may be proved by the oral testimony of two such witnesses for each such place of residence, in addition to the affidavits required by this Act to be included in the petition. At the hearing, residence within the United States but outside the county, and the other qualifications required by this subdivision during such residence shall be proved either by depositions made before a naturalization examiner or by the oral testimony of at least two such witnesses for each place of residence.

"If an individual returns to the country of his allegiance and remains therein for a continuous period of more than six months and less than one year during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship, the continuity of such residence shall be presumed to be broken, but such presumption may be overcome by the presentation of satisfactory evidence that such individual had a reasonable cause for not returning to the United States prior to the expiration of such six months. Absence from the United States for a continuous period of one year or more during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship shall break the continuity of such residence."

Between June 25, 1936, when the foregoing paragraph was further amended by sec. 1, Act of June 25, 1936 (49 Stat. 1925-1926; 8 U. S. C. 382), and June 28, 1938, it read as follows:

"If an individual returns to the country of his allegiance and remains therein for a continuous period of more than six months and less than one year during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship, the continuity of such residence shall be presumed to be broken, but such presumption may be overcome by the presentation of satisfactory evidence that such individual had a reasonable cause for not returning to the United States prior to the expiration of such six months. Absence from the United States for a continuous period of one year or more during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship shall break the continuity of such residence, except that in the case of an alien declarant for citizenship employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Secretary of Labor, or employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary thereof, no period of residence outside the United States shall break the continuity of residence if (1) prior to the beginning of such period (whether such period begins before or after his departure from the United States) the alien has established to the satisfaction of the Secretary of Labor that his absence from the United States for such period is to be on behalf of such, Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the development of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation, and (2) such alien proves to the satisfaction of the court that his absence from the United States for such period has been for such purpose.

"No period of residence outside the United States during the five years immediately preceding the enactment of this Act [June 25, 1936] shall be held to have broken the continuity of residence required by the naturalization laws if the alien proves to the satisfaction of the Secretary of Labor and the court that during all such period of absence he has been under employment by or contract with, the United States, or such American institution of research, or American firm or corporation, described in section 1 hereof, and has been carrying on the activities described in this Act in their behalf."

RENUNCIATION OF TITLE OR ORDER OF NOBILITY

Fifth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court. (34 Stat. 598; 8 U. S. C. 386.)

WIDOW AND MINOR CHILDREN OF DECEASED DECLARANT

Sixth. When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized the widow and minor children of such alien may, by complying with the other provisions of this Act, be naturalized without making any declaration of intention. (34 Stat. 598; 8 U.S. C. 375.)

FILIPINO DECLARANTS HONORABLY SERVING IN UNITED STATES NAVY, MARINE CORPS, NAVAL AUXILIARY SERVICE, OR THE COAST GUARD; PUERTO RICAN OR ALIEN DECLARANTS SERVING IN UNITED STATES ARMY, NAVY, MARINE CORPS, COAST GUARD, OR ON UNITED STATES GOVERNMENT VESSELS, OR ON PUBLIC OR PRIVATE VESSELS OF MORE THAN 20 TONS BURDEN WHICH ARE NOT FOREIGN VESSELS; EXEMPTION FROM RESIDENTIAL REQUIREMENT

Seventh. Any native-born Filipino of the age of twenty-one years and upward who has declared his intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the United States Navy or Marine Corps or the Naval Auxiliary Service, or the Coast Guard (50 Stat. 548-549; 8 U. S. C. 388) and who, after service of not less than three years, may be honorably discharged therefrom, or who may receive an ordinary discharge with recommendation for reenlistment; or any alien, or any Puerto Rican not a citizen of the United States, of the age of twenty-one years and upward, who has enlisted or entered or may hereafter enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, or in the United States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years 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 (45 Stat. 1514; 8 U. S. C. 388), and while still in the service on a reenlistment or reappointment, or within six months after an honorable discharge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization and may be naturalized without complying with the require

57

Repealed effective January 13, 1941, by sec. 504. Nationality Act of 1940 (54 Stat. 1172; 8 U. S. C. 904), but see sec. 335 (c) at p. 385 for similar provision in that Act.

Sec. 5, Act of May 24, 1934 (34 Stat. 598; 8 U. S. C. 375), p. 552, repealed this subdivision but provided that the repeal should not affect any right or privilege theretofore acquired under said subdivision.

This subdivision was added to sec. 4, Act of June 29, 1906, by sec. 1, Act of May 9, 1918 (40 Stat. 542; 8 U. S. C. 388), p. 512.