That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under subsection (b) of this section, shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively. (h) 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, air, 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 Attorney General as in the case of other reports required of clerks of courts by this subchapter. (i) In addition to the other fees required by this subchapter, the petitioner for naturalization shall, upon the filing of a petition for naturalization, deposit with and pay to the clerk of court a sum of money sufficient to cover the expenses of subpenaing and paying the legal fees of any witnesses for whom such petitioner may request a subpena, and upon the final discharge of such witnesses, they shall receive, if they demand the same from the clerk, the customary and usual witness fees from the moneys which the petitioner shall have paid to such clerk for such purpose, and the residue, if any, shall be returned by the clerk to the petitioner. (June 27, 1952, ch. 477, title III, ch. 2, § 344, 66 Stat. 266; July 7, 1958, Pub. L. 85-508, § 26, 72 Stat. 351.) REFERENCES IN TEXT Section 323 of the Nationality Act of 1940, referred to in subsec. (b) (4). was formerly classified to section 723 of this title, was repealed by section 403 (a) (42) of act June 27, 1952, and is now covered by section 1438 (a) of this title. AMENDMENTS 1958 Subsec. (d) amended by Pub. L. 85-508, to eliminate "in Alaska and" which preceded "in the District Court of the Virgin Islands". ADMISSION OF ALASKA AS STATE Effectiveness of amendment of this section by Pub. L. 85-508 as dependent upon the admission of the State of Alaska into the Union, see section 8 (b) of Pub. L. 85-508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. CROSS REFERENCES Audit of vouchers and accounts of the courts and their clerical and administrative personnel by Director of Administrative Office of the United States Courts, see section 604 of Title 28, Judiciary and Judicial Procedure. Clerk of each district court to pay into the Treasury all fees, costs and other moneys collected by him except certain naturalization fees, see section 751 of Title 28, Judiciary and Judicial Procedure. Definition of the term Alien, see section 1101 (a) (3) of this title. Attorney General, see section 1101 (a) (5) of this title. Clerk of court, see section 1101 (a) (7) of this title. Naturalization, see section 1101 (a) (23) of this title. Naturalization court, see section 1101 (a) (24) of this title. Service, see section 1101 (a) (34) of this title. United States, see section 1101 (a) (38) of this title. § 1456. Official mail transmitted free of postage and registry fee. All mail matter of whatever class, relating to naturalization, including duplicate papers required by law or regulation to be sent to the Service by clerks of courts addressed to the Department of Justice or the Service, or any official thereof, and endorsed "Official Business", shall be transmitted free of postage and, if necessary, by registered mail without fee, and so marked. (June 27, 1952, ch. 477, title III, ch. 2, § 345, 66 Stat. 266.) CROSS REFERENCES Definition of the term Clerk of court, see section 1101 (a) (7) of this title. Naturalization, see section 1101 (a) (23) of this title. Service, see section 1101 (a) (34) of this title. Reimbursement of Post Office Department by Government agencies of equivalent amount of postage or registry fees for matter sent without prepayment of postage or registry fees, see section 321p of Title 39, The Postal Service. § 1457. Publication and distribution of citizenship textbooks; use of naturalization fees. Authorization is granted for the publication and distribution of the citizenship textbook described in subsection (b) of section 1443 of this title and for the reimbursement of the appropriation of the Department of Justice upon the records of the Treasury Department from the naturalization fees deposited in the Treasury through the Service for the cost of such publication and distribution, such reimbursement to be made upon statements by the Attorney General of books so published and distributed. (June 27, 1952, ch. 477, title III, ch. 2, § 346, 66 Stat. 266.) CROSS REFERENCES Definition of the term Service, see section 1101 (a) (34) of this title. § 1458. Compilation of naturalization statistics and payment for equipment. The Attorney General is authorized and directed to prepare from the records in the custody of the Service a report upon those heretofore seeking citizenship to show by nationalities their relation to the numbers of aliens annually arriving and to the prevailing census populations of the foreign-born, their economic, vocational, and other classification, in statistical form, with analytical comment thereon, and to prepare such report annually hereafter. Payment for the equipment used in preparing such compilation shall be made from the appropriation for the enforcement of this chapter by the Service. (June 27, 1952, ch. 477, title III, ch. 2, § 347, 66 Stat. 266.) Naturalization, see section 1101 (a) (23) of this title. Service, see section 1101 (a) (34) of this title. § 1459. Admissibility in evidence of statements voluntarily made to officer or employees in the course of their official duties; failure of clerk of court to do duty; penalties. (a) It shall be lawful and admissible as evidence in any proceedings founded under this subchapter, or any of the penal or criminal provisions of any law relating to immigration, naturalization, or citizenship, for any officer or employee of the United States to render testimony as to any statement voluntarily made to such officer or employee in the course of the performance of the official duties of such officer or employee by any defendant at the time or subsequent to the alleged commission of any crime or offense which may tend to show that such defendant did not have or could not have had knowledge of any matter concerning which such defendant is shown to have made affidavit, or oath, or to have been a witness pursuant to such law or laws. (b) In case any clerk of court shall refuse or neglect to comply with any of the provisions of section 1450 (a), (b), or (c) of this title, such clerk of court shall forfeit and pay to the United States the sum of $25 in each and every case in which such violation or omission occurs and the amount of such forfeiture may be recovered by the United States in a civil action against such clerk. (c) If any clerk of court shall fail to return to the Service or properly account for any certificate of naturalization furnished by the Service as provided in subsection (d) of section 1450 of this title, such clerk of court shall be liable to the United States in the sum of $50, to be recovered in a civil action, for each and every such certificate not properly accounted for or returned. (June 27, 1952, ch. 477, title III, ch. 2, § 348, 66 Stat. 267.) CROSS REFERENCES Definition of the term Clerk of court, see section 1101 (a) (7) of this title. FEDERAL RULES OF CIVIL PROCEDURE Civil action, one form of action, see rule 2, Title 28, Appendix, Judiciary and Judicial Procedure. PART III.-LOSS OF NATIONALITY § 1481. Loss of nationality by native-born or naturalized citizen; voluntary action. (a) From and after the effective date of this chapter a person who is a national of the United States whether by birth or naturalization, shall lose his nationality by (1) obtaining naturalization in a foreign state upon his own application, upon an application filed in his behalf by a parent, guardian, or duly authorized agent, or through the naturalization of a parent having legal custody of such person: Provided, That nationality shall not be lost by any person under this section as the result of the naturalization of a parent or parents while such person is under the age of twenty-one years, or as the result of a naturalization obtained on behalf of a person under twenty-one years of age by a parent, guardian, or duly authorized agent, unless such person shall fail to enter the United States to establish a permanent residence prior to his twenty-fifth birthday: And provided further, That a person who shall have lost nationality prior to January 1, 1948, through the naturalization in a foreign state of a parent or parents, may, within one year from the effective date of this chapter, apply for a visa and for admission to the United States as a nonquota immigrant under the provisions of section 1101 (a) (27) (E) of this title; or (2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof; or (3) entering, or serving in, the armed forces of a foreign state unless, prior to such entry or service, such entry or service is specifically authorized in writing by the Secretary of State and the Secretary of Defense: Provided, That the entry into such service by a person prior to the attainment of his eighteenth birthday shall serve to expatriate such person only if there exists an option to secure a release from such service and such person fails to exercise such option at the attainment of his eighteenth birthday; or (4) (A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, if he has or acquires the nationality of such foreign state; or (B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or (5) voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory; or (6) 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 (7) 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 (8) deserting the military, air, or naval forces of the United States in time of war, if and when 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, air, or naval forces: Provided, That, notwithstanding loss of nationality or citizenship under the terms of this chapter or previous laws by reason of desertion committed in time of war, restoration to active duty with such military, air, 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, air, or naval authority shall be deemed to have the immediate effect of restoring such nationality or citizenship heretofore or hereafter so lost; or (9) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of Title 18 or willfully performing any act in violation of section 2385 of Title 18, or violating section 2384 of Title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction; or (10) 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 military, air, or naval forces of the United States. For the purposes of this paragraph failure to comply with any provision of any compulsory service laws of the United States shall raise the presumption that the departure from or absence from the United States was for the purpose of evading or avoiding training and service in the military, air, or naval forces of the United States. (b) Any person who commits or performs any act specified in subsection (a) of this section shall be conclusively presumed to have done so voluntarily and without having been subjected to duress of any kind, if such person at the time of the act was a national of the state in which the act was performed and had been physically present in such state for a period or periods totaling ten years or more immediately prior to such act. (June 27, 1952, ch. 477, title III, ch. 3, § 349, 66 Stat. 267; Sept. 3, 1954, ch. 1256, § 2, 68 Stat. 1146.) AMENDMENTS 1954 Subsec. (a) (9) amended by act Sept. 3. 1954, to provide for forfeiture of citizenship of persons advocating the overthrow of the Government by force or violence. EFFECTIVE DATE Chapter as effective 180 days after June 27, 1952, see note set out under section 1101 of this title. SHORT TITLE Section 1 of act Sept. 3, 1954, provided that the amendment of subsec. (a) (9) by section 2 of act Sept. 3, 1954, should be popularly known as the "Expatriation Act of 1954". RIGHT OF EXPATRIATION R. S. 1999 provided that: "Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts. impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic." CROSS REFERENCES Definition of the term Attorney General, see section 1101 (a) (5) of this title. Consular officer, see section 1101 (a) (9) of this title. Foreign state, see section 1101 (a) (14) of this title. National, see section 1101 (a) (21) of this title. National of the United States, see section 1101 (a) (22) of this title. Naturalization, see section 1101 (a) (23) of this title. Parent, as used in subchapters I and II of this chapter, see section 1101 (b) (2) of this title. Parent, as used in this subchapter, see section 1101 (c) (2) of this title. United States, see section 1101 (a) (38) of this title. Treason, sedition and subversive activities, see chapter 115 of Title 18, Crimes and Criminal Procedure. § 1482. Dual nationals; divestiture of nationality. A person who acquired at birth the nationality of the United States and of a foreign state and who has voluntarily sought or claimed benefits of the nationality of any foreign state shall lose his United States nationality by hereafter having a continuous residence for three years in the foreign state of which he is a national by birth at any time after attaining the age of twenty-two years unless he shall (1) prior to the expiration of such three-year period, take an oath of allegiance to the United States before a United States displomatic' or consular officer in a manner prescribed by the Secretary of State; and (2) have his residence outside of the United States solely for one of the reasons set forth in paragraphs (1), (2)—(7), or (8) of section 1485 of this title, or paragraph (1) or (2) of section 1486 of this title: Provided, however, That nothing contained in this section shall deprive any person of his United States nationality if his foreign residence shall begin after he shall have attained the age of sixty years and shall have had his residence in the United States for twenty-five years after having attained the age of eighteen years. (June 27, 1952, ch. 477, title III, ch. 3, § 350, 66 Stat. 269.) EFFECTIVE DATE Section as effective 180 days after June 27, 1952, see note set out under section 1101 of this title. RIGHT OF EXPATRIATION Provisions preserving the right, see note set out under section 1481 of this title. CROSS REFERENCES Definition of the term Consular officer, see section 1101 (a) (9) of this title. Foreign state, see section 1101 (a) (14) of this title. National, see section 1101 (a) (21) of this title. National of the United States, see section 1101 (a) (22) of this title. Residence, see section 1101 (a) (33) of this title. United States, see section 1101 (a) (38) of this title. § 1483. Restrictions on expatriation. (a) Except as provided in paragraphs (7)—(9) of section 1481 of this title, no national of the United States can expatriate himself, or be expatriated, So in original. Probably should read "diplomatic”. under this chapter 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 Part if and when the national thereafter takes up a residence outside the United States and its outlying possessions. (b) A national who within six months after attaining the age of eighteen years asserts his claim to United States nationality, in such manner as the Secretary of State shall by regulation prescribe, shall not be deemed to have expatriated himself by the commission, prior to his eighteenth birthday, of any of the acts specified in paragraphs (2) and (4)—(6) of section 1481 (a) of this title. (June 27, 1952, ch. 477, title III, ch. 3, § 351, 66 Stat. 269.) RIGHT OF EXPATRIATION Provisions preserving the right, see note set out under section 1481 of this title. CROSS REFERENCES Definition of the term National of the United States, see section 1101 (a) (22) of this title. Outlying possessions of the United States, see section 1101 (a) (29) of this title. United States, see section 1101 (a) (38) of this title. § 1484. Loss of nationality by naturalized national. (a) A person who has become a national by naturalization shall lose his nationality by (1) having a continuous residence 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 1485 of this title, whether such residence commenced before or after the effective date of this chapter; (2) having a continuous residence for five years in any other foreign state or states, except as provided in sections 1485 and 1486 of this title, whether such residence commenced before or after the effective date of this chapter. (b) (1) For the purpose of paragraph (1) of subsection (a) of this section, the time during which the person had his residence abroad solely or principally for a reason or purpose within the scope of any provision of section 1485 of this title shall not be counted in computing quantum of residence. (2) For the purpose of paragraph (2) of subsection (a) of this section, the time during which the person had his residence abroad solely or principally for a reason or purpose within the scope of any provision of sections 1485 and 1486 of this title shall not be counted in computing quantum of residence. (June 27, 1952, ch. 477, title III, ch. 3, $352, 66 Stat. 269.) EFFECTIVE Date Chapter as effective 180 days after June 27, 1952, see note set out under section 1101 of this title. CROSS REFERENCES Definition of the term Foreign state, see section 1101 (a) (14) of this title. National, see section 1101 (a) (21) of this title. Naturalization, see section 1101 (a) (23) of this title. Residence, see section 1101 (a) (33) of this title. § 1485. Inapplicability of section 1484 to certain persons. Section 1484 (a) of this title shall have no application to a national who (1) has his residence abroad in the employment of the Government of the United States; or (2) is receiving compensation from the Government of the United States and has his residence abroad on account of disability incurred in its service; or (3) shall have had his residence in the United States for not less than twenty-five years subsequent to his naturalization and shall have attained the age of sixty years when the foreign residence is established; or (4) had his residence abroad on October 14, 1940, and temporarily has his residence abroad, or who, thereafter has gone or goes abroad and temporarily has his residence abroad, solely or principally to represent a bona fide American educational, scientific, philanthropic, commercial, financial, or business organization, having its principal office or place of business in the United States, or a bona fide religious organization having an office and representative 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; or (5) has his residence abroad and is prevented from returning to the United States exclusively (A) by his own ill health; or (B) by the ill health of his parent, spouse, or child who cannot be brought to the United States, whose condition requires his personal care and attendance: Provided, That in such case the person having his residence abroad shall, at least every six months, register at the appropriate Foreign Service office and submit evidence satisfactory to the Secretary of State that his case continues to meet the requirements of this subparagraph; or (C) by reason of the death of his parent, spouse, or child: Provided, That in the case of the death of such parent, spouse, or child the person having his residence abroad shall return to the United States within six months after the death of such relative; or (6) has his residence abroad for the purpose of pursuing a full course of study of a specialized character or attending full-time an institution of learning of a grade above that of a preparatory school: Provided, That such residence does not exceed five years; or (7) is the spouse or child of an American citizen, and who has his residence abroad for the purpose of being with his American citizen spouse or parent who has his residence abroad for one of the objects or causes specified in paragraphs (1)—(5) or (6) of this section, or paragraph (2) of section 1486 of this title; or (8) is the spouse or child of an American national by birth who while under the age of twentyone years had his residence in the United States for a period or periods totaling ten years, and has his residence abroad for the purpose of being with said spouse or parent; or (9) 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; or (10) has, by Act of Congress or by treaty, United States nationality solely by reason of former nationality and birth or residence in an area outside the continental United States: Provided, That subsections (b) and (c) of section 404 of the Nationality Act of 1940, as amended, shall not be held to be or to have been applicable to persons defined in this paragraph. (June 27, 1952, ch. 477, title III, ch. 3, § 353, 66 Stat. 270.) REFERENCES IN TEXT Section 404 of the Nationality Act of 1940, referred to in par. (10), was classified to former section 804 of this title, was repealed by section 403 (a) (42) of act June 27, 1952, and is now covered by section 1484 (a) of this title. CROSS REFERENCES Definition of the term Child, as used in subchapters I and II of this chapter, see section 1101 (b) (1) of this title. Child, as used in this subchapter, see section 1101 (c) (1) of this title. National, see section 1101 (a) (21) of this title. Naturalization, see section 1101 (a) (23) of this title. Organization, see section 1101 (a) (28) of this title. Parent, as used in subchapters I and II of this chapter, see section 1101 (b) (2) of this title. Parent, as used in this subchapter, see section 1101 (c) (2) of this title. Residence, see section 1101 (a) (33) of this title. § 1486. Inapplicability of section 1484 (a) (2) to certain persons. Section 1484 (a) (2) of this title shall have no application to a national (1) who is a veteran of the Spanish-American War, World War I, or World War II, and the spouse, children, and dependent parents of such veteran whether such residence in the territory of a foreign state or states commenced before or after the effective date of this chapter: Provided, That any such veteran who upon June 27, 1952, has had his residence continuously in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated for three years or more, and who has retained his United States nationality solely by reason of the provisions of section 406 (h) of the Nationality Act of 1940, shall not be subject to the provisions or requirements of section 1484 (a) (1) of this title: Provided further, That the provisions of section 404 (c) of the Nationality Act of 1940, as amended, shall not be held to be or to have been applicable to veterans of World War II; (2) who has established to the satisfaction of the Secretary of State, as evidenced by possession of a valid unexpired United States passport or other valid document issued by the Secretary of State, that his residence is temporarily outside of the United States for the purpose of (A) carrying on a commercial enterprise which in the opinion of the Secretary of State will directly and sub stantially benefit American trade or commerce; or (B) carrying on scientific research on behalf of an institution accredited by the Secretary of State and engaged in research which in the opinion of the Secretary of State is directly and substantially beneficial to the interests of the United States; or (C) engaging in such work or activities, under such unique or unusual circumstances, as may be determined by the Secretary of State to be directly and substantially beneficial to the interests of the United States; (3) who is the widow or widower of a citizen of the United States and who has attained the age of sixty years, and who has had a residence outside of the United States and its outlying possessions for a period of not less than ten years during all of which period a marriage relationship has existed with a spouse who has had a residence outside of the United States and its outlying possessions in an occupation or capacity of the type designated in paragraphs (1)—(4) or (5) (A) of section 1485 of this title, or paragraphs (1), (2), or (4) of this section; (4) who has attained the age of sixty years, and has had a residence outside of the United States and its outlying possessions for not less than ten years, during all of which period he has been engaged in an occupation of the type designated in paragraphs (1), (2), or (4) of section 1485 of this title, or paragraph (2) of this section, and who is in bona fide retirement from such occupation; or (5) who shall have had his residence in the United States for not less than twenty-five years subsequent to his naturalization and prior to the establishment of his foreign residence. (June 27, 1952, ch. 477, title III, ch. 3, § 354, 66 Stat. 271.) REFERENCES IN TEXT The provisions of sections 406 (h) and 404 (c) of the Nationality Act of 1940, were formerly referred to in par. (1), classified to sections 806 (h) and 804 (c), respectively, of this title, were repealed by section 403 (a) (42) of act June 27, 1952, and are now covered by par. (1) of this section and section 1484 (a) of this title. EFFECTIVE DATE Chapter as effective 180 days after June 27, 1952, see note set out under section 1101 of this title. CROSS REFERENCES Definition of the terms Child, as used in subchapters I and II of this chapter, see section 1101 (b) (1) of this title. Child, as used in this subchapter, see section 1101 (c) (1) of this title. Foreign state, see section 1101 (a) (14) of this title. National, see section 1101 (a) (21) of this title. National of the United States, see section 1101 (a) (22) of this title. Naturalization, see section 1101 (a) (23) of this title. Outlying possessions of the United States, see section 1101 (a) (29) of this title. Parent, as used in subchapters I and II of this chapter, see section 1101 (b) (2) of this title. Parent, as used in this subchapter, see section 1101 (c) (2) of this title. Passport, see section 1101 (a) (30) of this title. Residence, see section 1101 (a) (33) of this title. Spanish-American War, World War I and World War II, see section 1101 (d) (2) of this title. Spouse, see section 1101 (a) (35) of this title. Veteran, see section 1101 (d) (1) of this title. |