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CHAPTER 2-NATIONALITY THROUGH

NATURALIZATION—continued

Sec. 313. Prohibition upon the naturaliza-

tion of persons opposed to gov-

ernment or law, or who favor

totalitarian forms of govern-

ment.

Sec. 314. Ineligibility to naturalization of

deserters from the Armed Forces

of the United tSates.

Sec. 315. Alien relieved from training and

service in the Armed Forces of

the United States because of

alienage barred from citizen-

ship.
Sec. 316. Requirements as to residence, good

moral character, attachment to

the principles of the Constitu-

tion, and favorable disposition

to the United States.

Sec. 317. Temporary absence of persons per-

forming religious duties.
Sec. 318. Prerequisites to naturalization,

burden of proof.

Sec. 319. Married persons.

Sec. 320. Children born outside of United

States of one alien and one citi-

zen parent.

Sec. 321. Children born outside of United

States of alien parent.

Sec. 322. Child born outside of United

States; naturalization on peti-

tion of citizen parent; require-

ments and exemptions.

Sec. 323. Children adopted by United States

citizens.

Sec. 324. Former citizens regaining United

States citizenship.

Sec. 325. Nationals but not citizens of the

United States; residence within

outlying possessions.

Sec. 326. Resident Philippine citizens ex-

cepted from certain require-

ments.

Sec. 327. Former United States citizens los-

ing citizenship by entering the

armed forces of foreign coun-

tries during World War II.

Sec. 328. Naturalization through service in

the Armed Forces of the United

States.

Sec. 329. Naturalization through active-

duty service in Armed Forces

during World War I or World

War II.

Sec. 330. Constructive residence through

service on certain United States

vessels.

Sec. 331. Alien enemies ; naturalization un.

der specified conditions and pro-

cedure.

Sec. 332. Procedural and administrative

provisions ; executive functions.

Sec. 333. Photographs.

Sec. 334. Petition for naturalization ; decla-

ration of intention.

Sec. 335. Investigation of petitioners ; pre-

liminary examinations on peti-

tions.

Sec. 336. Final hearing in open court; ex-

amination of petitioner before

the court.

Sec. 337. Oath of renunciation and alle-

giance.

Sec. 338. Certificate of naturalization; con-

tents.

Sec. 339. Functions and duties of clerks.

Sec. 340. Revocation of naturalization.

Sec. 341. Certificates of citizenship ; proce-

dure.

Sec. 342. Cancellation of certificates not to

affect citizenship status.

or naturalized citizen.

Sec. 350. Dual nationals; divestiture of

foreign nationality.

Sec. 351. Restrictions on expatriation.

Sec. 352. Loss of nationality by naturalized

national.

Sec. 353. Section 352 not effective as to cer-

tain persons.

Sec. 354. Section 352 (a) (2) not effective

as to certain persons.

Sec. 355. Loss of American nationality

through parent's expatriation ;

not effective until person at-

tains age of twenty-five years.

Sec. 356. Nationality lost solely from per-

formance of acts or fulfillment

of conditions.

Sec. 357. Application of

treaties; excep-

tions.

CHAPTER 4 MISCELLANEOUS

Sec. 358. Certificate of diplomatic or consu-

lar officer as to loss of American

nationality.

Sec. 359. Certificate of nationality for a

person not a naturalized citizen

for use in proceedings of a for-

eign state.

Sec. 360. Judicial proceedings for declara-

tion of United States national-

ity in event of denial of rights

and privileges as national.

TITLE IV-MISCELLANEOUS

Sec. 401. Joint Congressional Committee.

Sec. 402. Amendments to other laws.

Sec. 403. Laws repealed.

Sec. 404. Authorization of appropriations.

Sec. 405. Savings clauses.

Sec. 406. Separability.

Sec. 407. Effective date.

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

TITLE I-GENERAL

DEFINITIONS

SECTION 101. (a) As used in this Act

(1) The term “administrator” means the administrator of the Bureau of Security and Consular Affairs of the Department of State.

(13) The term “advocates" includes (2) The term “advocates” includes, advises, recommends, furthers by overt but is not limited to, advises, recom- act, and admits belief in; and the givmends, furthers by overt act, and ad- ing, loaning, or promising of support or mits belief in.

of money or anything of value to be used for advocating any doctrine shall be deemed to constitute the advocating of such doctrine. (Subversive Activities Control Act of 1950, sec. 3.)

(3) The term "alien” means any per

That the word “alien" wherever used son not a citizen or national of the in this Act shall include any person United States.

not a native-born or naturalized citizen of the United States; but this definition shall not be held to include Indians of the United States not taxed or citizens of the islands under the jurisdiction of the United States. (Act of 1917, sec. 1.)

The term “alien" includes any individual, not a native-born or naturalized citizen of the United States, but this definition shall not be held to include Indians of the United States not taxed, nor citizens of the islands under the jurisdiction of the United States. (Act of 1924, sec. 28 (b).)

For the purposes of the Immigration Act of 1917, the Immigration Act of 1924 (except section 13 (c)), this section, and all other laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens. (Act of

March 24, 1934; 48 Stat. 456.) (4) The term “application for ad- The term “application for admission” mission” has reference to the applica- has reference to the application for tion for admission into the United admission to the United States and not States and not to the application for the to the application for the issuance of issuance of an immigrant or nonimmi- the immigration visa. (Act of 1924, grant visa.

sec. 28 (j).) (5) The term “Attorney General" The term “Attorney General" means means the Attorney General of the the Attorney General of the United United States.

States. (Nationality Act of 1940, sec. (6) The term "border crossing identi- 102 (e).) fication card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

its issuance and use as may be prescribed by regulations.

The term "clerk of court" means a (7) The term “clerk of court" means clerk of a naturalization court. (Naa clerk of a naturalization court.

tionality Act of 1940, sec. 102 (c).)

The terms “Commissioner” and “Dep(8) The terms “Commissioner" and “Deputy Commissioner” mean the Com- sioner of Immigration and Naturaliza

uty Commissioner" mean the Commismissioner of Immigration and Naturali- tion and a Deputy Commissioner of Imzation and a Deputy Commissioner of Immigration and Naturalization, respec- tively. (Nationality Act of 1940, sec.

migration and Naturalization, respectively.

1^2 (d).)

The term “Commissioner" means the Commissioner of Immigration and Naturalization, (Act of 1924, sec. 28; Alien Registration Act, 1940, sec. 38

(a) (2).) (9) The term “consular officer” means (e) The term consular officer" any consular, diplomatic, or other officer means any consular or diplomatic officer of the United States designated under of the United States designated, under regulations prescribed under authority regulations prescribed under this Act, contained in this Act, for the purpose of for the purpose of issuing immigration issuing immigrant or nonimmigrant visas under this Act. In case of the visas. In cases of aliens, in the Canal Canal Zone and the insular possessions Zone and the outlying possessions of the of the United States the term "consular United States, the term "consular offi- officer” (except as used in section 24) cer" means an officer designated by the means an officer designated by the PresiGovernor of the Canal Zone, or the gov- dent, or by his authority, for the purernors of the outlying possessions, for pose of issuing immigration visas under the purpose of issuing immigrant or non- this Act. (Act of 1924, sec. 28 (e).) immigrant visas under this Act.

(10) The term "crewman" means a That the term "seaman” as used in person serving in any capacity on board this Act shall include every person a vessel or aircraft.

signed on the ship's articles and em(11) The term “diplomatic visa" ployed in any capacity on board any means a nonimmigrant visa bearing that vessel arriving in the United States title and issued to a nonimmigrant in from any foreign port or place, (Act of accordance with such regulations as the 1917, sec. 1). Secretary of State may prescribe.

(12) The term "doctrine" includes, (16) The term "doctrine" includes, but is not limited to, policies, practices, but is not limited to, policies, practices, purposes, aims, or procedures.

purposes, aims, or procedures. (Sub(13) The term "entry” means any versive Activities Control Act of 1950, coming of an alien into the United sec. 3.) States, from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not be regarded as making an entry into the United States for the purposes of the immigration laws if the alien proves to the satisfaction of the Attorney General that his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no person whose departure from the United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception.

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

(14) The term “foreign state" in- ' SEC. 103. For the purposes of subseccludes outlying possessions of a foreign tions (a), (b), and (c) of section 404 state, but self-governing dominions or of this Act, the term “foreign state" interritories under mandate or trustee- cludes outlying possessions of a foreign ship shall be regarded as separate for- state, but does not include self-governeign states.

ing dominions or territory under mandate, which, for the purposes of these subsections, shall be regarded as separate states, (Nationality Act of 1940, sec. 103.)

MMIGRANT DEFINED

(15) The term "immigrant” means SEC. 3. When used in this Act the every alien except an alien who is with- term “immigrant” means any alien dein one of the following classes of non- parting from any place outside the immigrant aliens

United States destined for the United (A) (i) an ambassador, public States, except (1) an accredited official minister, or career diplomatic or con- of a foreign government recognized by sular officer who has been accredited the Government of the United States, by a foreign government recognized his family, attendants, servants, and de jure by the United States and who employees, (Act of 1924, sec. 3 (1)). is accepted by the President or by the Secretary of State, and the members of the alien's immediate family;

(ii) upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and

(iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above;

(B) an alien (other than one com- (2) an alien visiting the United States ing for the purpose of study or of temporarily as a tourist or temporarily performing skilled or unskilled labor for business or pleasure, (Act of 1924,

a representative of foreign sec. 3 (2)). press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;

(C) an alien in immediate and con- (3) an alien in continuous transit tinuous transit through the United through the United States, (Act of 1924, States, or an alien who qualifies as a sec. 3 (3)). person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758);

(D) an alien crewman serving in (5) a bona fide alien seaman serving as good faith as such in any capacity such on a vessel arriving at a port of required for normal operation and the United States and seeking to enter

or

as

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