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NATURALIZATION-GENERAL PROVISIONS

RACIAL LIMITATIONS

NATURALIZATION LIMITED TO WHITE PERSONS AND THOSE OF AFRICAN NATIVITY

AND DESCENT

(Act of February 18, 1875, amending act of July 14, 1870) Sec. 2169. The provisions of this title shall apply to aliens being free white persons, and to aliens of African nativity and to persons of African descent. (Rev. Stat. 1878; U. S. C. t. 8, sec. 359.)

NATURALIZATION OF CHINESE PROHIBITED

(Act of May 6, 1882] SEC. 14. That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed. (22 Stat. 61; U. 8. C. t. 8, sec. 363.)

ACT OF May 9, 1918

AMENDMENTS TO SECTION 4, ACT OF JUNE 29, 1906 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section four of the act entitled “An act to establish a Bureau of Immigration and Naturalization and to provide a uniform rule for the naturalization of aliens throughout the United ŝtates," approved June twenty-ninth, nineteen hundred and six, be, and is hereby, amended by adding seven new subdivisions as follows:

[The seventh subdivision in question will be found in 40 Stat. 542–544.)

SEVENTH SUBDIVISION

Seventh. Any native-born Filipino of the age of twenty-one years and upward who has declared his intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the United States, Navy or Marine Corps or the Naval Auxiliary Service, and who, after service of not less than three years, may be honorably discharged thereform, or who may receive an ordinary discharge with recommendation for reenlistment; or any alien, or any Porto Rican not a citizen of the United States, of the age of twenty-one years and upward, who has enlisted or entered or may hereafter enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, the National Guard or Naval Militia of any State, Territory, or the District of Columbia, or the State militia in Federal service, or in the United States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels, and while still in the service on a reenlistment or reappointment, or within six months after an honorable

discharge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization and may be naturalized without complying with the requirements of residence within the United States and within the county (40 Stat. 542; U. S. C. t. 8, sec. 388); any alien serving in the military or naval service of the United States during the time this country is engaged in the present war may file his petition for naturalization without making the preliminary declaration of intention and without proof of the required five years' residence within the United States (40 Stat. 542; U. S. C. t. 8, sec. 392); any alien declarant who has served in the United States Army or Navy, or the Philippine Constabulary, and has been honorably discharged therefrom, and has been accepted for service in either the military or naval service of the United States on the condition that he becomes a citizen of the United States, may file his petition for naturalization upon proof of continuous residence within the United States for the three years immediately preceding his petition, by two witnesses, citizens of the United States, and in these cases only residence in the Philippine Islands and the Panama Canal Zone by aliens may be considered residence within the United States, and the place of such military service shall be construed as the place of residence required to be established for purposes of naturalization (40 Stat. 542-543; U.S. C. t. 8, sec. 389); and any alien, or any person owing permanent allegiance to the United States embraced within this subdivision, may file his petition for naturalization in the most convenient court without proof of residence within its jurisdiction, notwithstanding the limitation upon the jurisdiction of the courts specified in section three of the act of June twenty-ninth, nineteen hundred and six, provided he appears with his two witnesses before the appropriate representative of the Bureau

of Naturalization and passes the preliminary examination hereby required before filing his petition for naturalization in the office of the clerk of the court, and in each case the record of this examination shall be offered in evidence by the representative of the Government from the Bureau of Naturalization and made a part of the record at the original and any subsequent hearings; and, except as otherwise herein provided, the honorable discharge certificate of such alien, or person owing permanent allegiance to the United States or the certificate of service showing good conduct, signed by a duly authorized officer, or by the masters of said vessels, shall be deemed prima facie evidence to satisfy all of the requirements of residence within the United States and within the State, Territory, or the District of Columbia, and good moral character required by law, when supported by the affidavits of two witnesses, citizens of the United States, identify. ing the applicant as the person named in the certificate or honorable discharge, and in those cases only where the alien is actually in the military or naval service of the United States, the certificate of arrival shall not be filed with the petition for naturalization in the manner prescribed (40 Stat. 543; U. S. C. t. 8, sec. 393.); and any petition for naturalization filed under the provisions of this subdivision may be heard immediately notwithstanding the law prohibits the hearing of a petition for naturalization during thirty days preceding any election in the jurisdiction of the court. (40 Stat. 543; . S. C. t. 8, sec. 394.)

Any alien who, at the time of the passage of this act, is in the military service of the United States, who may not be within the jurisdiction of any court authorized to naturalize aliens, may file his petition for naturalization without appearing in person in the office of the clerk of the court and shall not be required to take the prescribed oath of allegiance in open court. The petition shall be verified by the affidavits of at least two credible witnesses who are citizens of the United States, and who shall prove in their affidavits the portion of the residence that they have personally known the applicant to have resided within the United States. The time of military service may be established by the affidavits of at least two other citizens of the United States, which, together with the oath of allegiance, may be taken in accordance with the terms of section seventeen hundred and fifty of the Revised Statutes of the United States after notice from and under regulations of the Bureau of Naturalization. Such affidavits and oath of allegiance shall be admitted in evidence in any original or appellate naturalization proceeding without proof of the genuineness of the seal or signature or of the official character of the officer before whom the affidavits and oath of allegiance were taken, and shall be filed by the representative of the Government from the Bureau of Naturalization at the hearing as provided by section eleven of the act of June twenty-ninth, nineteen hundred and six. (40 Stat. 543; U. S. C. t. 8, sec. 390.)

Members of the Naturalization Bureau and Service may be designated by the Secretary of Labor to administer oaths relating to the administration of the naturalization law. (40 Stat. 544; U. S. C. t. 8, sec. 354.)

And the requirement of section ten of notice to take depositions to the United States attorneys is repealed, and the duty they perform under section fifteen of the act of June twenty-ninth, nineteen hundred and six (Thirty-fourth Statues at Large, part one, page five hundred and ninety-six), may also be performed by the Commissioner or Deputy Commissioner of Naturalization. (40 Stat. 544; U.S. C. t. 8, sec. 405.)

(The proviso that it should not be lawful to make a declaration of intention on, or within thirty days preceding, an election day was repealed by the act of May 25, 1926 (44 Stat. 652, U. S. C. t. 8, sec. 374.)]

Provided further, That service by aliens upon vessels other than of American registry, whether continuous or broken, shall not be considered as residence for naturalization purposes within the jurisdiction of the United States, and such aliens can not secure residence for naturalization purposes during service upon vessels of foreign registry. (40 Stat. 544; U. S. C. t. 8, sec. 384.)

During the time when the United States is at war no clerk of á United States court shall charge or collect a naturalization fee from an alien in the military service of the United States for filing his petition or issuing the certificate of naturalization upon admission to citizenship, and no clerk of any State court shall charge or collect any fee for this service 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 full accounting for all of these transactions shall be made to the Bureau of Naturalization in the manner provided by section thirteen of the act of June twenty-ninth, nineteen hundred and six. (40 Stat. 544; U. S. C. t. 8, sec. 403.)

ACT OF JULY 19, 1919

Any person of foreign birth who served in the military or naval forces of the United States during the present war, after final examination and acceptance by the said military or naval authorities, and shall have been honorably discharged after such acceptance and service, shall have the benefits of the seventh subdivi. sion of section 4 of the act of June 29, 1906, 34 Statutes at Large, part 1, page 596, as amended, and shall not be required to pay any fee therefor; and this provision shall continue for the period of one year after all of the American troops are returned to the United States.' (41 Stat. 222.)

ACT OF MARCH 2, 1929 Sec. 9. Such act of June 29, 1906, as amended, is amended by adding at the end thereof the following:

""SEC. 32. (a) If any certificate of citizenship issued to any citizen, or any declaration of intention furnished to any declarant, under the naturalization laws, is lost, mutilated, or destroyed, the citizen or declarant may, upon the payment to the commissioner of a fee of $10, make application (accompanied by two photographs of the applicant) to the Commissioner of Naturalization for å new certificate or declaration. If the commissioner finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration with one of such photographs of the applicant affixed thereto."

(PUBLIC—No. 168–73D CONGRESS)

(H. R. 3521)
AN AOT To reduce certain fees in naturalization proceedings, and for other purposes.

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Sec. 4. Subdivision (a) of section 32 of the Act of June 29, 1906, which was added thereto by section 9 of the Act of March 2, 1929 (45 Stat. 1512), as amended (U. S. C., Supp. VII, title 8, sec. 399 (b) (a)), is amended as follows: Wherever in said subdivision the words a fee of $10” occur they shall be amended to read "a fee of $1”; and by adding at the end thereof the following: “Provided, That an alien veteran as defined in section 1 of the Act of May 26, 1926 (44 Stat. 654; (U. S. C., Supp. VII, title 8, sec. 241 (a)), shall not be required to pay the fee required by this subdivision."

Sec. 5. În all naturalization proceedings in which an alien applying for certificate of citizenship is represented by counsel, there is hereby established a limit of $25 for counsel's fees, except where legal action before a court requires extended legal service, when the court may approve a reasonable fee in excess of $25.

IMMIGRATION ACT OF 1924

(43 Stat. 153)

AN ACT To limit the immigration of aliens into the United States, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this act may be cited as the “Immigration act of 1924."

EXCLUSION FROM UNITED STATES

*

Sec 13.

(c) No alien ineligible to citizenship shall be admitted to the United States unless such alien (1) is admissible as a non-quota immigrant under the provisions of subdivisions (b), (d), or (e) of section 4, or (2) is the wife, or the unmarried

I NOTE. - The official date for the return of all American troops was Mar. 3, 1923, therefore the exemptions carried by this act expired on Mar. 3, 1924.

child under 18 years of age, of an immigrant admissible under such subdivision (d), and is accompanying or following to join him, or (3) is not an immigrant as defined in section 3.

(PUBLIC—No. 348—71st CONGRESS)

[S. 2836]

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An Act To admit to the United States Chinese wives of certain American citizens. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivision (c) of section 13 of the Immigration Act of 1924, approved May 26, 1924, as amended, is amended by striking out "or" before “(3)," and by inserting after “section 3” the following: “or (4) is the Chinese wife of an American citizen who was married prior to the approval of the Immigration Act of 1924, approved May 26, 1924.” Approved, June 13, 1930.

(H. R. 7170, 74th Cong., 1st sess.) That notwithstanding the racial limitations contained within section 2169 of the Revised Statutes of the United States, as amended (U. S. C., title 8, sec. 359), and within section 14 of the Act of May 6, 1882, as amended (U. S. C., title 8, sec. 363), any alien veteran of the World War heretofore ineligible to citizenship because not a free white person or of African nativity or of African descent may be naturalized under this Act if hem

(a) Entered the service of the armed forces of the United States prior to November 11, 1918;

(6) Actually rendered service with the armed forces of the United States between April 6, 1917, and November 11, 1918;

(c) Received an honorable discharge from such service for any reason other than his alienage;

(d) Resumed his previous permanent residence in the United States or any Territory thereof; and

(e) Has maintained a permanent residence continuously since the date of discharge and is now a permanent resident of the United States or any Territory thereof; upon compliance with all the requirements of the naturalization laws, except

No certificate of arrival and no declaration of intention shall be required; (0) No additional residence shall be required before the filing of petition for certificate of citizenship; and

(h) the petition for certificate of citizenship shall be filed with a court having naturalization jurisdiction prior to January 1, 1937.

Sec. 2. Certificates of citizenship heretofore issued and heretofore granted by any court having naturalization jurisdiction under the provisions of the Act of May 9, 1918, or of the Act of July 19, 1919, to any alien veteran who is eligible to be naturalized under the prorisions of section 1 of this Act, and orders or judgments authorizing such certificates, are hereby declared to be valid for all purposes insofar as the race of the veteran is concerned. Such certificates may be stamped, declaring their validity under this Act, by the Commissioner of Immigration and Naturalization upon submission of satisfactory proof to establish identity.

Certificates declared valid under the foregoing paragraph, which have been lost, mutilated, destroyed, or surrendered to any official of the United States may be replaced by a new certificate bearing date of original certificate upon compliance with the provisions of section 32 (a) of the Act of June 29, 1906, as amended.

Sec. 3. On applications filed for any benefits under this Act, the requirement of fees for naturalization documents is hereby waived.

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