Part 301-DEFINITIONS OF WORDS AND PHRASES USED IN THE NATIONALITY ACT OF 1940 Sec. 301.1 Definitions of "national", "alien", "state", "perma- 301.2 Definitions of "national of 301.3 Definition of "naturalization". 301.6 Definition of "State". § 301.1 Definitions of "national", "alien", "state", "permanent", "allegiance", and "stateless person". The term "national" means a person owing permanent allegiance as a citizen or a subject or otherwise to a state, including the United States. An "alien" is a person who is neither a citizen nor a national of the United States. The term "state" means a member of the community of nations, including its outlying possessions, the term "state" does not include a State of the United States. The term "permanent" as used in this Part in relation to allegiance means a relationship of a continuing or lasting nature, as distinguished from a "temporary" relationship; but a relationship may be permanent even though it is one which may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law. The term "allegiance" means the tie which binds the individual to the state of which he is a national and denotes the sum of the obligations which he owes to the state. A "stateless person" is an alien who does not owe permanent allegiance to any state.* (Nationality Act of 1940, secs. 101 (a), (b), 321, and 335, 54 Stat. 1137, 1148, 1157) * §§ 301.1 to 301.18, inclusive, issued under the authority contained in sec. 327, 54 Stat. 1150; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. 301.2 Definitions of "national of the United States" and "citizen of the United States". The term "national of the United States" means any person who owes permanent allegiance to the United States, whether or not he is a citizen of the United States. The term "citizen of the United States" means a person who, through birth or naturalization, has acquired citizenship of the United States and has not lost that status. Neither of these two terms includes an alien, except that a citizen of the Philippine Islands who is not a citizen of the United States shall be considered as if an alien under the laws of the United States relating to the immigration, exclusion, and expulsion of aliens.* (Const. U. S. sec. 1, Art. 14; Nationality Act of 1940, sec. 101 (b), 54 Stat. 1137; sec. 8, 47 Stat. 767; 48 U. S. C. 1238) 301.3 Definition of "naturalization". The term "naturalization" means the conferring of nationality of a state upon a person after birth.* (Nationality Act of 1940, sec. 101 (c), 54 Stat. 1137) 301.4 Definition of "United States". The term "United States" when used in a geographical sense means the continental United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States.* (Nationality Act of 1940, sec. 101 (d), 54 Stat. 1137) 301.5 Definition of "outlying possessions". The term "outlying possessions" means all territory over which the United States exercises rights of sovereignty other than the continental United States, Alaska, Hawaii, Puerto Rico, the Virgin Islands of the United States, and the Canal Zone. (Nationality Act of 1940, sec. 101 (e), 54 Stat. 1137) 301.6 Definition of "State". The term "State" as used in Chapter III of the Nationality Act of 1940, except in section 301 (a) thereof, includes Alaska, Hawaii, the District of Columbia, Puerto Rico, and the Virgin Islands of the United States. tionality Act of 1940, sec. 102 (a), 54 Stat. 1138) (Na 301.7 Definition of "foreign state". The term "foreign state", as used in section 404 of the Nationality Act of 1940, includes outlying possessions of a foreign state, but self-governing dominions (such as Australia, New Zealand, Canada, and the Union of South Africa) and territory under mandate (such as Palestine and Trans-Jordan, Syria and Lebanon, South-West Africa, and Western Samoa) shall be regarded as separate states.* (Nationality Act of 1940, sec. 103, 54 Stat. 1138) 301.8 Definition of "residence". For the purposes of sections 201, 307 (b), and 403 to 407, inclusive, of the Nationality Act of 1940, the place of a person's general abode shall be deemed the place of his residence. The place of general abode of a person is his principal dwelling place.* (Nationality Act of 1940, sec. 104, 54 Stat. 1138) 301.9 Definition of "parent". The term "parent" includes either the father or the mother, the deceased parent of a posthumous child, and the mother of an illegitimate child.* (Nationality Act of 1940, secs. 101 (f) and 102 (h), 54 Stat. 1137, 1138) 301.10 Definition of "child". The term "child" includes a child legitimated under the law of the child's residence or domicile, whether in or outside of the United States; also, a child adopted in the United States, provided that such legitimation or adoption takes place before the child reaches the age of sixteen years, and the child is in the legal custody of the legitimating or adopting parent or parents.* (Nationality Act of 1940, sec. 102 (h), 54 Stat. 1138) *For statutory citation, see note to § 301.1. 301.11 Definition of "minor". The term "minor" means a person under twenty-one years of age, regardless of the meaning of the term under any State or foreign law.* (Nationality Act of 1940, sec. 101 (g), 54 Stat. 1137) 301.12 Definition of "naturalization court". The term "naturalization court", unless otherwise particularly described, means a court which is authorized by section 301 (a) of the Nationality Act of 1940 to exercise naturalization jurisdiction.* (Nationality Act of 1940, secs. 102 (b) and 346 (c), 54 Stat. 1138, 1167) 301.13 Definition of "clerk of court". The term "clerk of court" means a clerk of a naturalization court as defined in § 301.12, except as provided in section 346 (c) of the Nationality Act of 1940 (Nationality Act of 1940, sec. 102 (c), 54 Stat. 1138) 301.14 Definition of "Attorney General". The term "Attorney General" means the Attorney General of the United States.* (Nationality Act of 1940, sec. 102 (e), 54 Stat. 1138) 301.15 Definitions of "Commissioner" and "Deputy Commissioner". The terms "Commissioner" and "Deputy Commissioner" mean, respectively, the Commissioner of Immigration and Naturalization, and a Deputy Commissioner of Immigration and Naturalization, United States Department of Justice.* (Nationality Act of 1940, sec. 102 (d), 54 Stat. 1138) 301.16. Definition of "Service". The term "Service" means the Immigration and Naturalization Service of the United States Department of Justice.* (Nationality Act of 1940, sec. 102 (f), 54 Stat. 1138) 301.17 Definition of "designated examiner". The term "designated examiner" means a member of the Service designated under section 333 (a) of the Nationality Act of 1940 by the Commissioner or a Deputy Commissioner to act as a designated examiner for the purpose of conducting preliminary naturalization hearings and making findings and recommendations thereon to the appropriate naturalization courts.* (Nationality Act of 1940, secs. 102 (g) and 333 (a), 54 Stat. 1138, 1156) 301.18 Definition of other terms. (a) Words importing the masculine gender shall include the feminine gender. (b) Words importing the plural number shall include the singular and words importing the singular shall extend and be applied to the plural. (c) The reference to any officer shall include any person authorized by law or regulation to perform the duties of the office held by such officer. (d) The requirement of an "oath" shall be deemed complied with by making affirmation in judicial form. (Rev. Stat. 1878, sec. 1; 1 U. S. C. 1; sec. 327, 54 Stat. 1150, 8 U. S. C. 727; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1) * For statutory citation, see note to § 301.1. |