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deemed to be a determination on the part of such person to discontinue his status as an American citizen, and such person shall be forever estopped by such failure from thereafter claiming such American citizenship; or

(b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or

(c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States, if he has or acquires the nationality of such foreign state; or

(d) Accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or political subdivision thereof for which only nationals of such state are eligible; or

(e) Voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory; or (f) Making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or

(g) Deserting the military or naval forces of the United States in time of war, provided he is convicted thereof by court martial and as the result of such conviction is dismissed or dishonorably discharged from the service of such military or naval forces: Provided, That notwithstanding loss of nationality or citizenship or civil or political rights under the terms of this or previous Acts by reason of desertion committed in time of war, restoration to active duty with such military or naval forces in time of war or the reenlistment or induction of such a person in time of war with permission of competent military or naval authority, prior or subsequent to the effective date of this Act, shall be deemed to have the immediate effect of restoring such nationality or citizenship and all civil and political rights heretofore or hereafter so lost and of removing all civil and political disabilities resulting therefrom; or

(h) Committing any act of treason against, or attempting by force to overthrow or bearing arms against the United States, provided he is convicted thereof by a court martial or by a court of competent jurisdiction; or (i) Making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or

(j) Departing from or remaining outside of the jurisdiction of the United States in time of war or during a period declared by the President to be a period of national emergency for the purpose of evading or avoiding training and service in the land or naval forces of the United States. Sec 401, act of Oct. 14, 1940 (54 Stat. 1168); sec. 1, act of Jan. 20, 1944 (58 Stat. 4); sec. 1, act of July 1, 1944 (58 Stat. 677); sec. 1, act of Sept. 27, 1944 (58 Stat. 746); 8 U. S. C. 801.

A national of the United States who was born in the United States or who was born in any place outside of the jurisdiction of the United States of a parent who was born in the United States, shall be presumed to have expatriated himself under subsection (c) or (d) of section 401, when he shall remain for six months or longer within any foreign state of which he or either of his parents shall have been a national according to the laws of such foreign state, or within any place under control of such foreign state, and such presumption shall exist until overcome whether or not the individual has returned to the United States. Such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or

consular officer of the United States, or to an immigration officer of the United States, under such rules and regulations as the Department of State and the Department of Justice jointly prescribe. However, no such presumption shall arise with respect to any officer or employee of the United States while serving abroad as such officer or employee, nor to any accompanying member of his family. Sec. 402, act of Oct. 14, 1940 (54 Stat. 1169); 8 U. S. C. 802.

(a) Except as provided in subsections (g), (h), and (i) of section 401, no national can expatriate himself, or be expatriated, under this section while within the United States or any of its outlying possessions, but expatriation shall result from the performance within the United States or any of its outlying possessions of any of the acts or the fulfillment of any of the conditions specified in this section if and when the national thereafter takes up a residence abroad.

(b) No national under eighteen years of age can expatriate himself under subsection (b) to (g), inclusive, of section 401. Sec. 403, act of Oct. 14, 1940 (54 Stat. 1169); sec. 2, act of July 1, 1944 (58 Stat. 677); 8 U. S. C.

803.

A person who has become a national by naturalization shall lose his nationality by:

(a) Residing for at least two years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, if he acquires through such residence the nationality of such foreign state by operation of the law thereof; or

(b) Residing continuously for three years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, except as provided in section 406 hereof.

(c) Residing continuously for five years in any other foreign state, except as provided in section 406 hereof. Sec. 404, act of Oct. 14, 1940 (54 Stat. 1170); 8 U. S. C. 804.

Section 404 shall have no application to a person:

(a) Who resides abroad in the employment and under the orders of the Government of the United States;

(b) Who is receiving compensation from the Government of the United States and residing abroad on account of disability incurred in its service. Sec. 405, act of Oct. 14, 1940 (54 Stat. 1170); 8 U. S. C. 805.

Subsections (b) and (c) of section 404 shall have no application to a

person:

(a) Who shall have resided in the United States not less than twentyfive years subsequent to his naturalization and shall have attained the age of sixty-five years when the foreign residence is established;

(b) Who is residing abroad upon the date of the approval of this Act, or who is thereafter sent abroad, and resides abroad temporarily solely or principally to represent a bona fide American educational, scientific, philanthropic, religious, commercial, financial, or business organization, having its principal office or place of business in the United States, or an international agency of an official character in which the United States participates, for which he receives a substantial compensation.

(c) Who is residing abroad on account of ill health;

(d) Who is residing abroad for the purpose of pursuing studies of a specialized character or attending an institution of learning of a grade above that of a preparatory school, provided that such residence does not exceed five years;

(e) Who is the wife, husband, or child under twenty-one years of age of,

and is residing abroad for the purpose of being with, an American citizen spouse or parent who is residing abroad for one of the objects or causes specified in section 405 or subsections (a), (b), (c), or (d) hereof;

(f) Who was born in the United States or one of its outlying possessions, who originally had American nationality, and who, after having lost such nationality through marriage to an alien, reacquired it.

(g) Who is the wife, husband, or child under twenty-one years of age of, and is residing abroad for the purpose of being with a spouse or parent who is an American national by birth and such spouse or parent during minority for a period or periods totaling ten years has resided in the United States.

(h) Who is a veteran of the Spanish-American War, or of the World War, his wife, minor children, or dependent parents. Sec. 406, act of Oct. 14, 1940 (54 Stat. 1170); act of Dec. 8, 1942 (56 Stat. 1043); act of Dec. 24, 1942 (56 Stat. 1085); 8 U. S. C. 806.

A person having American nationality, who is a minor and is residing in a foreign state with or under the legal custody of a parent who loses Ameritan nationality under section 404 of this Act, shall at the same time lose his American nationality if such minor has or acquires the nationality of such foreign state: Provided, That, in such case, American nationality shall not be lost as the result of loss of American nationality by the parent unless and until the child attains the age of twenty-three years without having acquired permanent residence in the United States. Sec. 407, act of Oct. 14, 1940 (54 Stat. 1170); 8 U. S. C. 807.

The loss of nationality under this Act shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this Act. Sec. 408, act of Oct. 14, 1940 (54 Stat. 1171); 8 U. S. C. 808.

Nationality shall not be lost under the provisions of section 404 or 407 of this Act until the expiration of five years following the date of the approval of this Act: Provided, however, That a naturalized person who shall have become subject to the presumption that he has ceased to be an American citizen as provided for in the second paragraph of section 2 of the Act of March 2, 1907 (34 Stat. 1228), and who shall not have overcome it under the rules in effect immediately preceding the date of the approval of this Act, shall continue to be subject to such presumption for the period of five years following the date of the approval of this Act unless it is overcome during such period. Sec. 409, act of Oct. 14, 1940 (54 Stat. 1171); act of Oct. 16, 1941 (55 Stat. 743); act of Oct. 9, 1942 (56 Stat. 779); act of Sept. 27, 1944 (58 Stat. 747); 8 U. S. C. 809.

Nothing in this Act shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party upon the date of the approval of this Act. Sec. 410, act of Oct. 14, 1940 (54 Stat. 1171); 8 U. S. C. 810.

The original text of this section, based on section 2, act of March 2, 1907 (34 Stat. 1228); U. S. C. 17, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172). The subject matter is covered by the above provisions.

Notes of Decisions

In general.--The act of March 2, 1907, in minority, to elect to retain the citizenship
providing "That any American citizen shall acquired by birth and to return here for
be deemed to have expatriated himself when that purpose, even though he may be deemed
he has been naturalized in any foreign state to have been naturalized under the foreign
in conformity with its laws,
was law by derivation from the citizenship of his
parents before he
came of age. Perkins,
Labor et al. v.
(1939), 307

aimed at voluntary expatriation and was not
intended to destroy the right of a native Sec. of
citizen, removed from this country during U. S. 325.
646631-45- 8

Elg

American women who married aliens, of allegiance to the foreign state. (1939), 39 American citizens who acquired foreign citi- Op. Atty. Gen. 337. zenship through naturalization, and American citizens who took foreign oaths of allegiance while the United States was at war lost their citizenship upon its termination, except as indicated in the opinion. (1940), 39 Op. Atty. Gen. 474.

Effect of expatriation.-Change citation in original text to read: Petition of Prack (D. C., 1932), 60 F. (2d) 171.

Enlistment in foreign armies.-An American citizen who, outside of the United States and without solicitation in the United States, enlists in the army, navy, or air forces of a belligerent country does not lose his citizenship by reason of such enlistment, but he is deemed to have expatriated himself if he takes an oath

Presumption from residence abroad.-Change citation in original text to read: Cummings v. Isenberg (App. D. C., 1937), 89 F. (2d) 489; certiorari denied (1937), 301 U. S. 682.

A woman born in Germany acquired American citizenship through marriage to an American citizen who thereafter was naturalized as a German citizen. She continued all her life to reside in Germany and to claim and exercise the privileges of its citizenship.

Held: She should not be granted an American passport to enable her to come to the United States.

The statutory methods of expatriation are not necessarily exclusive. (1940), 39 Op. Atty. Gen. 411.

559. Expatriation prohibited in time of war.

The original text of this section, based on section 2, act of March 2, 1907 (34 Stat. 1228); 8 U. S. C. 16, and section 3, act of May 24, 1934 (48 Stat. 797); 8 U. S. C. 17a, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

Notes of Decisions

In general.-The statutory provision that the Government and there may be occasions no citizen shall be allowed to expatriate when the citizen is barred from setting up himself when this country is at war was the limitation in his behalf. (1940), 39 Op. undoubtedly intended for the protection of Atty. Gen. 474.

560. Repatriation of veterans of allied armies.-A person who, while a citizen of the United States and during the first or second World War, entered the military or naval service of any country at war with a country with which the United States was or is at war, who has lost citizenship of the United States by reason of any oath or obligation taken for the purpose of entering such service, or by reason of entering or serving in such armed forces, and who intends to reside permanently in the United States, may be naturalized by taking before any naturalization court specified in subsection (a) of section 301 the oaths prescribed by section 335. Any such person who has lost citizenship of the United States during the second World War may, if he so desires, be naturalized by taking, before any diplomatic or consular officer of the United States abroad, the oaths prescribed by section 335. For the purposes of this section, the second World War shall be deemed to have commenced on September 1, 1939, and shall continue until such time as the United States shall cease to be in a state of war. Certified copies of such oath shall be sent by such diplomatic or consular officer or such court to the Department of State and to the Department of Justice. Sec. 323, act of Oct. 14, 1940 (54 Stat. 1149); act of Apr. 2, 1942 (56 Staṭ. 198); 8 U. S. C. 723.

The original text of this section, based on paragraph 12 added to section 4, act of June 29, 1906, by section 1, act of May 9, 1918 (40 Stat. 545), as amended; 8. U. S. C. 18, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

The subject matter is covered by the above provision.

561. Naturalization; persons in military service or honorably discharged therefrom. (a) A person, including a native-born Filipino, who has served honorably at any time in the United States Army, Navy, Marine Corps, or Coast Guard for a period or periods aggregating three years and who, if separated from such service, was separated under honorable conditions, may

be naturalized without having resided, continuously immediately preceding the date of filing such person's petition, in the United States for at least five years and in the State in which the petition for naturalization is filed for at least six months, if such petition is filed while the petitioner is still in the service or within six months after the termination of such service.

(b) A person filing a petition under subsection (a) of this section shall comply in all respects with the requirements of this chapter except that— (1) No declaration of intention shall be required;

(2) No certificate of arrival shall be required;

(3) No residence within the jurisdiction of the court shall be required; (4) Such petitioner may be naturalized immediately if the petitioner be then actually in any of the services prescribed in subsection (a) of this section, and if, before filing the petition for naturalization, such petitioner and at least two verifying witnesses to the petition, who shall be citizens of the United States and who shall identify petitioner as the person who rendered the service upon which the petition is based, have appeared before and been examined by a representative of the Service.

(c) In case such petitioner's service was not continuous, petitioner's residence in the United States and State, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately preceding the date of filing said petition between the periods of petitioner's service in the United States Army, Navy, Marine Corps, or Coast Guard, shall be verified in the petition filed under the provisions of subsection (a) of this section, and proved at the final hearing thereon by witnesses, citizens of the United States, in the same manner as required by section 309. Such verification and proof shall also be made as to any period between the termination of petitioner's service and the filing of the petition for naturalization.

(d) The petitioner shall comply with the requirements of section 309 as to continuous residence in the United States for at least five years and in the State in which the petition is filed for at least six months, immediately preceding the date of filing the petition, if the termination of such service has been more than six months preceding the date of filing the petition for naturalization, except that such service shall be considered as residence within the United States or the State.

(e) Any such period or periods of service under honorable conditions and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of affidavits and testimony or depositions of witnesses. Sec. 324, act of Oct. 14, 1940 (54 Stat. 1149); 8 U. S. C. 724.

During the time when the United States is at war no clerk of a United States court shall charge or collect a naturalization fee from an alien in the military or naval service of the United States for filing a petition for naturalization or issuing a certificate of naturalization upon admission to citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A report of all transactions under this subsection shall be made to the Commissioner as in the

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