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That all citizens of the United States who have resided or who shall hereafter reside in the island for one year shall be citizens of Porto Rico: Provided, That persons born in Porto Rico of alien parents, referred to in the last paragraph of section 5, who did not avail themselves of the privilege granted to them of becoming citizens of the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid section: And provided further, That persons who elected to retain the political status of citizens of Porto Rico may within one year after the passage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Porto Ricans born of foreign parents. Sec. 5a, added to act of Mar. 2, 1917, by sec. 2, act of Mar. 4, 1927 (44 Stat. 1418); U.S.C. 8: 5a.

The above provision, omitted from the original text of the Military Laws, 1929, is added as a new paragraph of this section.

554a. Same; inhabitants of Virgin Islands.-That the following persons and their children born subsequent to January 17, 1917, are hereby declared to be citizens of the United States:

(a) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and are now residing in those islands or in the United States or Porto Rico, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on

August 4, 1914, between the United States and Denmark, or who, having made such a deciation, have herefore renconeed or may hereafter rencontre it by a declaration before a crust of record:

3. Al natives of the Virgin Islands of the United States who, o January 14, 1977, resided in these islands, and are now residing in those islands or in the Chited States or Porto Rica, and who are not citizens or subjects of any foreign sunny; and

fe; A natives of the Virgin Islands of the United States, who, on January 17. 1917, resided in the United States, and are now residing in the Virgin Islands of the United States, and who are not citizens or subjects of any foreign comILINY.

14. A natives of the Virgin Islands of the United States who are, on the fate of enactment of this subdivision, resiting in entinental United States, the Virgin Islands of the United States. Puerto Rion, the Cazal Zece, or any other insular possession or Territory of the United States, who are not citizens or subjects of any foreign country, regardless of their plate of residence on Janu ary 11. 1911. Ser. 1, act of Feb. 25, 1927 44 Stat. 1224 as amended by se. 5. act of June 22, 1322 47 Stat. 226; U.S.C. 8:59.

All persons bom in the Virgin Islands of the United States on or after Januazy 17, 1917 whether before or after the effective date of this Act), and subjet to the jurisdiction of the United States, are hereby declared to be citizens of the United States. See. 3. act of Feb. 25. 1994 Stat. 1235; U.S.C. 3:36.

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560. Repatriation of veterans of allied armies.-Twelfth That any person 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 ecuntry 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 alle giance 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 certised 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), as amended by act of June 21, 1930 (46 Stat. 791); U.S.C. 8:18. The original text of this section has been amended as above.

NOTES OF DECISIONS

Effect of statute generally.-Statute applied to naturalized alien returning after military service in army of Italy. Camar

do v. Tillinghast (C.C.A. 1928) 29 F. (2d) 527.

561. Naturalization; Filipinos, Puerto Ricans, and aliens in military service or honorably discharged therefrom.

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All petitions for citizenship made outside the United States in accordance with the seventh subdivision of section 4 of the Naturalization Act of June 29, 1906, as amended, upon which naturalization has not been heretofore granted, are hereby declared to be invalid for all purposes. Sec. 1(b), act of May 25, 1932 (47 Stat. 165); U.S.C. 8: 3926.

(a) The seventh subdivision of section 4 of the Naturalization Act of June 29, 1906, as amended, is amended by striking out the National Guard or Naval Militia of any State, Territory, or the District of Columbia, or the State militia in Federal service,”.

(b) This section shall not be applied in the case of any individual whose petition for naturalization has been filed before the enactment of this Act. Sec. 2, act of May 25, 1932 (47 Stat. 165); U.S.C. 8: 388.

The above provisions are added as new paragraphs of this section. The "Regular Army Reserve ", referred to in the original section, was abolished by sec. 30, National Defense Act of 1920.

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 (1927) 22 F. (2d) 879, 57 App. D.C. 303, reversing In re Javier (1924) 52 Wash. L.R. 726, cited in Dig. Op. J.A.G., 1924 p. 88.

This section was designed to remove the disqualification of such Filipinos as come within its terms. In re Rena (D.C. 1931) 50 F. (2d) 606.

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. In re McPhee (1930) 245 N.Y. Supp. 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, 471.

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.

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.

Necessity of lawful entry into United States.-Allen entering under visitor's per mit, and shortly thereafter making decla ration of intention and enlisting in the militia is not entitled to benefit of this section. In re Wieg (D.C. 1929) 80 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.

563. Same; aliens serving in military forces at end of war or previously discharged for disability.

NOTES OF DECISIONS

Repeal. This section was repealed by 565a, post. Petition of Callanan (D.C.

1931) 51 F. (2d) 1067.

565. Same; neutral declarants withdrawing intention to escape military service barred.

*

That, notwithstanding any provision of law to the contrary, no alien shall be debarred from becoming a citizen of the United States on the ground that he withdrew his intention to become a citizen of the United States in order to secure discharge from the military service, if such withdrawal (and the application therefor) and discharge took place after November 11, 1918. Act of Feb. 11, 1931 (46 Stat. 1087); U.S.C. 8:366a.

The above provision is added as a new paragraph of this section.

NOTES OF DECISIONS

Application of provision.-Congress did not create the same bar in relation to nondeclarant aliens who claimed exemption as it intended by this provision should be

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applied to declarant aliens. Tutun บ. United States (C.C.A. 1926) 12 F. (2d) 763.

565a. Same; alien veterans.-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); U.S.C. 8: 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

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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); U.S.C. 8:3926.

NOTES OF

In general. Subsequent to 1929 Act, alien veteran to be entitled to naturalization without making proof of residence, must become naturalized before March 4, 1931, prior statutes on subject being impliedly repealed. Petition of Callanan (D.C. 1931) 51 F. (2d) 1067.

Right of alien veteran to naturalization without proof of residence held merely

DECISIONS

privilege which Congress could remove any time before privilege had been fully exercised. Id.

Statute limiting time for naturalization of alien veteran without proof of residence to two years held applicable to petition for naturalization filed before expiration of limitation period. Id.

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