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556. Citizenship; children of naturalized persons. 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; * *. R. S. 2172; 8 U. S. C. 7.
557. Citizenship; children born abroad of alien parents. That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the father or the mother: Provided, That such naturalization or resumption shall take place during the minority of such child: And provided further, That the citizenship of such minor child shall begin five years after the time such minor child begins to reside permanently in the United States. Sec. 5, act of March 2, 1907 (34 Stat. 1229); sec. 2, act of May 24, 1934 (48 Stat. 797); 8 U. S. C. 8.
558. Expatriation; presumption.-That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws or when he has taken an oath of allegiance to any foreign state.
When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state, it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: *. Sec. 2, act of Mar. 2, 1907 (34 Stat. 1228); 8 U. S. C. 17
The right of expatriation was declared by R. S. 1999. The cancellation of the certificate of citizenship of a naturalized citizen taking permanent residence in a foreign country was authorized by sec. 15, act of June 29, 1906 (34 Stat. 601).
Notes of Decisions
Right of expatriation.-Native-born minor cannot renounce allegiance. U. S. ex. rel. Baglivo v. Day (D. C., 1928), 28 F. (2d) 44. Acts constituting expatriation.-An Amerlean-born citizen who removes to a foreign land, enters its military service, and takes oath of allegiance thereby expatriates himself. U. S. ex rel. Rojok v. Marshall (D. C., 1929), 34 F. (2d) 219.
Foreign military service by minor does not divest citizenship. U. S. ex rel. Baglivo v. Day (D. C., 1928), 28 F. (2d) 44.
Effect of expatriation generally.-Expatriation makes the expatriate an alien entitled to naturalization on the same terms
as other aliens. Petition of Prack (D. C., 1932), 1 F. Supp. 453.
Presumption.-Statute creates presumption of expatriation of naturalized citizen absenting himself from the United States for five years which under war statute must be rebutted by satisfactory evidence to justify suit for return of seized alien property, and, unless presumption is overcome, there is lack of jurisdiction in the court to award recovery (8 U. S. C. A. sec. 17; Trading with the Enemy Act, sec. 21, as added by act March 4, 1923, sec. 2, 50 U. S. C. A, Appendix sec. 21). Cummings v. Isenberg (App. D. C., 1987), 89 F. (2d) 489. * And provided also,
559. Expatriation prohibited in time of war. That no American citizen shall be allowed to expatriate himself when this country is at war. Sec. 2, act of Mar. 2, 1907 (34 Stat. 1228); 8 U. S. C. 16. A citizen of the United States may upon marriage to a foreigner make a formal renunciation of his or her United States citizenship before a court having juris
diction over naturalization of aliens, but no citizen may make such renunciation in time of war, and if war shall be declared within one year after such renunciation then such renunciation shall be void. Sec. 3, act of May 24, 1934 (48 Stat. 797); 8 U. 8. C. 17a.
Notes of Decisions
In general. One becoming citizen by | ditionary Forces after United States declared mother's naturalization by marriage could not war. In re Bishop (D. C., 1927), 26 F. (2d) expatriate himself by joining Canadian Expe
That any person
560. Repatriation of veterans of allied armies.-Twelfth. who, while a citizen of the United States and during the existing war in Europe, entered the military or naval service of any country at war with a country with which the United States is now at war, who shall be deemed to have lost his citizenship by reason of any oath or obligation taken by him for the purpose of entering such service, may resume his citizenship by taking the oath of allegiance to the United States prescribed by the naturalization law and regulations, and such oath may be taken before any court of the United States or of any State authorized by law to naturalize aliens or before any consul of the United States, and certified copies thereof shall be sent by such court or consul to the Department of State and the Bureau of Naturalization, and the act (Public Fifty-five, Sixty-fifth Congress, approved October fifth, nineteen hundred and seventeen), is hereby repealed.
Any individual who claims to have resumed his citizenship under the provisions of this subdivision may, upon the payment of a fee of $1, make application to the Commissioner of Naturalization, accompanied by two photographs of the applicant, for a certificate of repatriation. Upon proof to the satisfaction of the commissioner that the applicant is a citizen and that the citizenship was resumed as claimed, such individual shall be furnished a certificate of repatriation by the commissioner, but only if such individual is at the time within the United States. The certificate of repatriation issued under this subdivision shall have the same effect as a certificate issued by a court having naturalization jurisdiction, and the provisions of subdivisions (b) and (c) of section 33 shall apply in respect of proceedings and certificates of repatriation under this subdivision in the same manner and to the same extent, including penalties, as they apply in respect of proceedings and certificates of citizenship issued under such section. Par. 12 added to sec. 4, act of June 29, 1906, by sec. 1, act of May 9, 1918 (40 Stat. 545); act of June 21, 1930 (46 Stat. 791); 8 U. S. C. 18.
Notes of Decisions
Effect of statute generally.-Statute ap- v. Tillinghast (C. C. A., 1928), 29 F. (2d) plied to naturalized alien returning after 527. military service in army of Italy. Camardo
561. Naturalization; Filipinos, Puerto Ricans and aliens in military service or honorably discharged therefrom.-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, 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, 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 requirements of residence within the United States and within the county. Par. 7, added to sec. 4, act of June 29, 1906, by sec. 1, act of May 9, 1918 (40 Stat. 542); sec. 6 (c) and 6 (d), act of Mar. 2, 1929 (45 Stat. 1514); sec. 2, act of May 25, 1932 (47 Stat. 165); sec. 3, act of July 30, 1937 (50 Stat. 548); 8 U. S. C. 388.
The "Regular Army Reserve" referred to was abolished by sec. 30, National Defense Act of 1920, and the clause relating thereto should be omitted (J. A. G. 010.3, November 12, 1929, p. 20).
Notes of Decisions
Effect of section.-There is a conflict of authority as to whether this section dispenses with the necessity of five years' residence. See In re Wieg (D. C., 1929), 30 F. (2d) 418, wherein the authorities are collated and the point is discussed but not decided.
Native-born Filipino honorably discharged from United States Navy is not required to file petition for naturalization within six months after discharge. In re Cariaga (D. C., 1931). 47 F. (2d) 609.
Army service obviates necessity of proving five years' residence as condition to naturalization. In re Richardson (D. C., 1927), 21 F. (2d) 181.
Effect on racial disqualification.-Filipino, not having served in Navy, Marine Corps, or Navy Auxiliary Service, held not entitled to naturalization. U. S. v. Javier (App. D. C., 1927), 22 F. (2d) 879.
This section was designed to remove the disqualification of such Filinipos as come within its terms. In re Rena (D. C., 1931), 50 F. (2d) 606.
Necessity of lawful entry into United States. Alien entering under visitor's permit, and shortly thereafter making declaration of intention and enlisting in the militia is not entitled to benefit of this section. In re Wieg (D. C., 1929), 30 F. (2d) 418. Service in naval or marine forces.-Alien
honorably discharged from United States Navy held not entitled to naturalization without previous declaration of intention. In re Byrne (D. C., 1928), 26 F. (2d) 750.
Service in Coast Guard.-Alien, who served three years in Coast Guard service, held not entitled to naturalization on affirmative proof that he had not been a resident for five years. In re Sandstrom (D. C., 1925), 14 F. (2d) 675.
Term of service. This section does not. as applied to service in the National Guard, require reenlistment or reappointment in all cases. The intent is that the privilege accorded by the section is available to (a) one still in the service by reenlistment or reappointment, or (b) one honorably discharged after one or more enlistments. re McPhee (1930), 245 N. Y. S. 89, denying naturalization for want of proof of honorable discharge.
One serving on United States merchant vessels for three years, and then, without reenlisting, serving on Government vessel two years, denied naturalization. In re Naturalization of Sigurdson (1926) 7 Alaska
Time for application. The requirement of application within six months after discharge from service is applicable to aliens and Puerto Ricans only, not to a Filipino. In re Rena (D. C., 1931), 50 F. (2d) 606.
562. Naturalization; alien declarants enlisted conditionally.—Seventh. any alien declarant who has served in the United States Army or Navy, or the Philippine Constabulary, and has been honorably discharged therefrom, and has been accepted for service in either the military or naval service of the United States on the condition that he becomes a citizen of the United States, may file his petition for naturalization upon proof of continuous residence within the United States for the three years immediately preceding his petition, by two witnesses, citizens of the United States, and in these cases only residence in the Philippine Islands and the Panama Canal Zone by aliens may be considered residence within the United States, and the place of such military service shall be construed as the place of residence required to be established for purposes of naturaliza
Par. 7, added to sec. 4, act of June 29, 1906, by sec. 1, act of May 9,
1918 (40 Stat. 542); 8 U. 8. C. 389.
563. Naturalization; alien veterans.-Thirteenth. That any person who is serving in the military or naval forces of the United States at the termination of the existing war, and any person who before the termination of the existing war may have been honorably discharged from the military or naval services of the United States on account of disability incurred in line of duty, shall, if he applies to the proper court for admission as a citizen of the United States, be relieved from the necessity of proving that immediately preceding the date of his application he has resided continuously within the United States the time required by law of other aliens, or within the State, Territory, or the District of Columbia for the year immediately preceding the date of his petition for naturalization, but his petition for naturalization shall be supported by the affidavits of two credible witnesses, citizens of the United States, identifying the petitioner as the person named in the certificate of honorable discharge, which said certificate may be accepted as evidence of good moral character required by law, and he shall comply with the other requirements of the naturalization law. Par. 13, added to sec. 4, act of June 29, 1906, by sec. 1, act of May 9, 1918 (40 Stat. 546); 8 U. S. C. 391.
That (a) as used in this Act, the term "alien veteran" means an individual, a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918, who is now an alien not ineligible to citizenship; but does not include (1) any individual at any time during such period or thereafter separated from such forces under other than honorable conditions, (2) any conscientious objector who performed no military duty whatever or refused to wear the uniform, or (3) any alien at any time during such period or thereafter discharged from the military or naval forces on account of his alienage. Sec. 1, act of May 26, 1926 (44 Stat. 654); 8 U. S. C. 241.
That (a) an alien veteran, as defined in section 1 of the Act of May 26, 1926 (ch. 398, 44 Stat. 654; title 8, sec. 241, U. S. C., Supp. 1), shall, if residing in the United States, be entitled at any time within two years after the enactment of this Act to naturalization upon the same terms, conditions, and exemptions which would have been accorded to such alien if he had petitioned before the armistice of the World War, except that (1) such alien shall be required to prove that immediately preceding the date of his petition he has resided continuously within the United States for at least two years, in pursuance of a legal admission for permanent residence, and that during all such period he has behaved as a person of good moral character; (2) if such admission was subsequent to March 3, 1924, such alien shall file with his petition a certificate of arrival issued by the Commissioner of Naturalization; (3) final action shall not be had upon the petition until at least ninety days have elapsed after filing of such petition; and (4) such alien shall be required to appear and file his petition in person, and to take the prescribed oath of allegiance in open court. Such residence and good moral character shall be proved either by the affidavits of two credible witnesses who are citizens of the United States, or by depositions by two such witnesses made before a naturalization examiner, for each place of residence. Sec. 1 (a), act of May 25, 1932 (47 Stat. 165); 8 U. S. C. 3926.
That subdivision (a) of section 1 of the Act entitled "An Act to further amend the naturalization laws, and for other purposes," approved May 25, 1932 (47 Stat. 165; U. S. C., Supp. VII, title 8, sec. 392b (a)) shall, as herein amended, continue in force and effect to include petitions for citizenship filed prior to May 25, 1937, with any court having naturalization jurisdiction: Provided, That for the purposes of this Act clause (1) of subdivision (a) of section 1 of the aforesaid Act of May 25, 1932, is amended by striking out the words "all such period" and in
lieu thereof inserting the words "the five years immediately preceding the filing of his petition." Sec. 1, act of June 24, 1935 (49 Stat. 395) ; 8 U. §. O. 392b. The provisions of section 1 of this Act are hereby extended to include any alien lawfully admitted into the United States for permanent residence who departed therefrom between August 1914 and April 5, 1917, or who, having been denied entry into the military and naval forces of the United States, departed therefrom subsequent to April 5, 1917, for the purpose of serving, and actually served prior to November 11, 1918, in the military or naval forces of any of the countries allied with the United States in the World War and was discharged from such service under honorable circumstances: Provided, That before any applicant for citizenship under this section is admitted to citizenship, the court shall be satisfied by competent proof that he is entitled to, and has complied in all respects with, the provisions of this Act; and that he was and had been a bona fide lawfully admitted resident in the United States for two years before the passage of this Act. Sec. 2, act of June 24, 1935 (49 Stat. 395); 8 U. S. C. 392c.
The Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, shall prescribe such rules and regulations as may be necessary for the enforcement of this Act. Sec. 3, act of June 24, 1935 (49 Stat. 395); 8 U. S. C. 392d.
That notwithstanding the racial limitations contained within section 2169 of the Revised Statutes of the United States, as amended (U. S. C., title 8, sec. 359), and within section 14 of the Act of May 6, 1882, as amended (U. S. C., title 8, sec. 363), any alien veteran of the World War heretofore ineligible to citizenship because not a free white person or of African nativity or of African descent may be naturalized under this Act if he
(a) Entered the service of the armed forces of the United States prior to November 11, 1918;
(b) Actually rendered service with the armed forces of the United States between April 6, 1917, and November 11, 1918;
(c) Received an honorable discharge from such service for any reason other than his alienage;
(d) Resumed his previous permanent residence in the United States or any Territory thereof; and
(e) Has maintained a permanent residence continuously since the date of discharge and is now a permanent resident of the United States or any Territory thereof; upon compliance with all the requirements of the naturalization laws, except
(f) No certificate of arrival and no declaration of intention shall be required; (g) No additional residence shall be required before the filing of petition for certificate of citizenship; and
(h) The petition for certificate of citizenship shall be filed with a court having naturalization jurisdiction prior to January 1, 1937. Sec. 1, act of June 24, 1935 (49 Stat. 397); 8 U. S. C. 392e.
Certificates of citizenship heretofore issued and heretofore granted by any court having naturalization jurisdiction under the provisions of the Act of May 9, 1918, or of the Act of July 19, 1919, to any alien veteran who is eligible to be naturalized under the provisions of section 1 of this Act, and orders or judgments authorizing such certificates, are hereby declared to be valid for all purposes insofar as the race of the veteran is concerned. Such certificates may be stamped, declaring their validity under this Act, by the Commissioner of Immigration and Naturalization upon submission of satisfactory proof to establish identity.
Certificates declared valid under the foregoing paragraph, which have been lost, mutilated, destroyed, or surrendered to any official of the United States may be