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Stat. 1221), is found this provision: ‘Whenever an alien shall have taken up his permanent residence in this country and shall have filed his preliminary declaration to become a citizen and thereafter shall send for his wife or minor children to join him, if said wife or either of said children shall be found to be affected with any contagious disorder, and if it be proved that said disorder was contracted on board the ship in which they came, and is so certified by the examining surgeon at the port of arrival, such wife or children shall be held, under such regulations as the Secretary of the Treasury shall prescribe, until it shall be determined whether the disorder will be easily curable, or whether they can be permitted to land without danger to other persons; and they shall not be deported until such facts have been ascertained.' Congress has thus set the limits within which the rules excluding aliens shall be modified, in cases where the father avails of his opportunity to become a citizen; and since the children of the relator do not come within the proviso and are in fact aliens suffering from a contagious disease, they should be deported.” 2. Petition for Naturalization.
a. In General. The next step in the process of naturalization is the petition for naturalization.
The Act of June 29, 1906, provides that:
“Not less than two years nor more than seven years after he has made such declaration of intention he shall make and file, in duplicate, a petition in writing, signed by the applicant in his own handwriting and duly verified, in which petition such applicant shall state his full name, his place of residence (by street and number, if possible), his occupation, and, if possible, the date and place of his birth; the place from which he emigrated, and the date and place of his arrival in the United States, and, if he entered through a port, the name of
the vessel on which he arrived; the time when and the place and name of the court where he declared his intention to become a citizen of the United States; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing his petition; and if he has children, the name, date, and place of birth and place of residence of each child living at the time of the filing of his petition: Provided, That if he has filed his declaration before the passage of this Act he shall not be required to sign the petition in his own handwriting.” Sec. 4, par. 2. b. Time of Filing.
If the applicant has resided in the United States for the statutory period, he may, when two years have elapsed after making formal declaration of intention to become a citizen, make and file his petition for naturalization. The petition must be filed not more than seven years after the applicant has made the declaration of intention. Sec. 4, par. 2.
Petitions for naturalization may be made and filed either during term time or vacation of the court, and shall be docketed the same day as filed.
c. To Whom Made.
The petition must be addressed to a court authorized to naturalize aliens, and in the judicial district in which the alien resides. Sec. 4, par. 1. See, also, In re Clark, 18 Barb. 444.
For the courts authorized to naturalize, see p. 11, supra, and Appendix, post, giving list of courts.
d. Form of Petition.
Prior to the passage of the Act of 1906, no form of petition was prescribed by law, but it was held by the courts that the petition must “allege the existence of all facts and the fulfilment of all conditions upon the existence and fulfilment of which the statutes which confer the right asserted have made it dependent.” In re Bodek, 63 Fed. Rep. 813; In re An Alien, 7 Hill, 137.
The Act of 1906, provides that the petition shall set forth "every fact material to his (the petitioner's) naturalization and required to be proved upon the final hearing of his application.” Sec. 4, par. 2.
The Act of 1906, prescribes the following form of petition:
PETITION FOR NATURALIZATION.
Court of............... In the matter of the petition of.
.........to be admitted as a citizen of the United States of America. To the............. Court:
The petition of .............. respectfully shows:
Second. My place of residence is number......... street, city of............., State (Territory or District) of......
Third. My occupation is..........
............, on or about the.............day of............., anno Domini............, and arrived at the port of........... in the United States, on the vessel................
Sixth. I declared my intention to become a citizen of the United States on the ..............day of..............at........... in the ..............court of................ Seventh. I am............ married. My wife's name is.
.... She was born in...............and now resides at.............. I have..............children, and the name, date, and place of birth and place of residence of each of said children is as follows:
... ; Eighth. I am not a disbeliever in or opposed to organized government or a member of or affiliated with any organization or body of persons teaching disbelief in organized government. I am not a polygamist nor a believer in the practice of polygamy. I am attached to the principles of the Constitution of the United States, and it is my intention to become a citizen of the United States and to renounce absolutely and forever all alleg. iance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to.............., of which at this time I am a citizen (or subject), and it is my intention to reside permanently in the United States.
Ninth. I am able to speak the English language.
Tenth. I have resided continuously in the United States of America for a term of five years at least immediately preceding the date of this petition, to wit, since ............, anno Domini.............., and in the State (Territory or District) of..............for one year at least next preceding the date of this petition, to wit, since..............day of ............, anno Domini.
Eleventh. I have not heretofore made petition for citizenship to any court. (I made petition for citizenship to the..............court of...............at.......... and the said petition was denied by the said court for the following reasons and causes, to wit,
and the cause of such denial has since been cured or removed.)
Attached hereto and made a part of this petition are my declaration of intention to become a citizen of the United States and the certificate from the Department of Commerce and Labor required by law. Wherefore your petitioner prays that he may be admitted a citizen of the United States of America. Dated.
(Signature of petitioner)
being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Subscribed and sworn to before me this..............day of ..........., anno Domini............... [L. S.] (Sec. 27.)
Clerk of the..............Court. The petition must be made in duplicate. This is to enable the clerk to furnish one to the Bureau of Naturalization at Washington, the other to remain on file in the court.
(A) Description of Applicant. The petition must contain a description of the applicant. It shall state “his full name, place of residence, occupation, date and place of birth, place from which he emigrated, date and place of arrival in the United States, and if entered through a port, the name of vessel in which he arrived; the time when, and place and name of court where he declared his intention to become a citizen; if married, name of wife, and country of her nativity and place of residence at time of filing petition; and if he has children, name, date, and place of birth and residence of each child living at time of filing petition."
(B) Allegations of Petition.
(a) Disbelief in Anarchy and Polygamy. The petition shall state that the petitioner is not a disbeliever in or opposed to organized government or a member of or affiliated with any organization or body of persons teaching disbelief in organized government.
It shall also set forth that the petitioner is not a polygamist or believer in the practice of polygamy.
(6) Of Intention to Become a Citizen, to Renounce
Allegiance, and to Reside Permanently in the
United States. The petition must state that it is the intention of the applicant to become a citizen of the United States, and