Rico and permanently residing therein, who, prior to March 2, 1917, had lost ber American nationality by reason of her marriage to an alien eligible to citizenship, or by reason of the loss of the United States citizenship by her husband, may be naturalized under the provisions of section 4 of the Act of September 22, 1922, entitled "An Act relative to the naturalization and citizenship of married women", as amended. Sec. 5b, added to act of Mar. 2, 1917, by act of June 27, 1934 (48 Stat. 1245); 48 U. S. C. 733b.

That any person of good character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States, and born in Puerto Rico on or after April 11, 1899, who has continued to reside within the jurisdiction of the United States, whose father elected on or before April 11, 1900, to preserve his allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain entered into on April 11, 1899, and who, by reason of misinformation regarding his or her own citizenship status failed within the time limits prescribed by section 5 or section 5a hereof to exercise the privilege of establishing United States citizenship and has heretofore erroneously but in good faith exercised the rights and privileges and performed the duties of a citizen of the United States, and has not personally sworn allegiance to any foreign government or ruler upon or after attainment of majority, may make a sworn declaration of allegiance to the United States before any United States district court. Such declaration shall set forth facts concerning his or her birth in Puerto Rico, good character, attachment to the principles of the Constitution of the United States, and being well disposed to the good order and happiness of the United States, residence within the jurisdiction of the United States, and misinformation regarding United States citizenship status, and shall be accompanied by proof thereof satisfactory to the court. After making such declaration and submitting such proofs, such person shall be admitted to take the oath of allegiance before the court, and thereupon shall be considered a citizen of the United States. Sec. 5c, added to act of Mar. 2, 1917, by act of May 16, 1938 (52 Stat. 377); 8 U. S. C. 5a–1.

For rules and regulations for the enforcement of act of May 16, 1938, supra, issued by the Immigration and Naturalization Service under date of October 15, 1938, see 3 F. R. 2499.

554a. Citizenship; 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 Puerto 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, 1916, between the United States and Denmark, or who, having made such a declaration, have heretofore renounced or may hereafter renounce it by a declaration before a court of record;

(b) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and are now residing in those islands or in the United States or Puerto Rico, and who are not citizens or subjects of any foreign country; and

(c) All 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 country.

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(d) All natives of the Virgin Islands of the United States who are, on the date of enactment of this subdivision, residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or Territory of the United States, who are not citizens or subjects of any foreign country, regardless of their place of residence on Jannary 17, 1917. Sec. 1, act of Feb. 25, 1927 (44 Stat. 1234); sec. 5, act of June 28, 1932 (47 Stat. 336); 8 U. S. C. 5b.

All persons born in the Virgin Islands of the United States on or after January 17, 1917 (whether before or after the effective date of this Act), and subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States. Sec. 3, act of Feb. 25, 1927 (44 Stat. 1235); 8 U. S. C. 5c.

Notes of Decisions

All persons born in the Virgin Islands of of the United States by virtue of this secthe United States who were absent from tion; excepting, however, all persons who those islands at the time when they were preserved their Danish nationality through annexed by the United States but were re-authorized declaration of intention, or other siding in continental United States, the Vir- effective means recognized in international gin Islands of the United States, Puerto law, and all persons who have acquired the Rico, the Canal Zone, or any other insular nationality of any other foreign country possession or territory of the United States, (1936) 38 Op. Atty. Gen. 525. on June 28, 1932, are to be deemed citizens

554b. Citizenship; persons born in the Canal Zone or the Republic of Panama.— That any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States. Sec. 1, act of Aug. 4, 1937 (50 Stat. 558); 8 U. S. C. 5d.

Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, is declared to be a citizen of the United States. Sec. 2, act of Aug. 4. 1937 (50 Stat. 558); 8 U. S. C. 5e.

555. Citizenship; children of citizens born outside the United States.-Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Bureau of Naturalization. R. S. 1993; sec. 1, act of May 24, 1934 (48 Stat. 797); 8 U. S. C. 6.

Notes of Decisions

In general.-Under this section a child child thereafter fails to comply with the born abroad subsequently to May 24, 1934, two conditions described in the Act, which one of whose parents is a citizen of the must be regarded as conditions subsequent United States and the other an alien, ac- and not as conditions precedent (1934) 38 quires American citizenship at birth, such Op. Atty. Gen. 10. citizenship subject to being divested if such

556. Citizenship; children of naturalized persons.-The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the Government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof; * * *. R. S. 2172; 8 U. S. C. 7.

557. Citizenship; children born abroad of alien parents.-That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the father or the mother: Provided, That such naturalization or resumption shall take place during the minority of such child: And provided further, That the citizenship of such minor child shall begin five years after the time such minor child begins to reside permanently in the United States. Sec. 5, act of March 2, 1907 (34 Stat. 1229); sec. 2, act of May 24, 1934 (48 Stat. 797); 8 U. 8. C. 8.

558. Expatriation; presumption.-That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws or when he has taken an oath of allegiance to any foreign state.

When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state, it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: * * *. Sec. 2, act of Mar. 2, 1907 (34 Stat. 1228) ; 8 U. S. C. 17

The right of expatriation was declared by R. S. 1999. The cancellation of the certificate of citizenship of a naturalized citizen taking permanent residence in a foreign country was authorized by sec. 15, act of June 29, 1906 (34 Stat. 601).

Notes of Decisions

Right of expatriation.-Native-born minor | as other aliens. Petition of Prack (D. C., cannot renounce allegiance. U. S. ex. rel. Baglivo v. Day (D. C., 1928), 28 F. (2d) 44.

Acts constituting expatriation.--An AmerJean-born citizen who removes to a foreign land, enters its military service, and takes oath of allegiance thereby expatriates himself. U. S. ex rel. Rojok v. Marshall (D. C., 1929), 34 F. (2d) 219.

Foreign military service by minor does not divest citizenship. U. S. ex rel. Baglivo v. Day (D. C., 1928), 28 F. (2d) 44.

Effect of expatriation generally.-Expatriation makes the expatriate an alien entitled to naturalization on the same terms

1932), 1 F. Supp. 453.

Presumption.-Statute creates presumption of expatriation of naturalized citizen absenting himself from the United States for five years which under war statute must be rebutted by satisfactory evidence to justify suit for return of seized alien property, and, unless presumption is overcome, there is lack of jurisdiction in the court to award recovery (8 U. S. C. A. sec. 17; Trading with the Enemy Act, sec. 21, as added by act March 4, 1923, sec. 2, 50 U. S. C. A. Appendix sec. 21). Cummings v. Isenberg (App. D. C., 1937), 89 F. (2d) 489. And provided also,

*

559. Expatriation prohibited in time of war.-* * That no American citizen shall be allowed to expatriate himself when this country is at war. Sec. 2, act of Mar. 2, 1907 (34 Stat. 1228); 8 U. S. C. 16. A citizen of the United States may upon marriage to a foreigner make a formal renunciation of his or her United States citizenship before a court having juris

diction over naturalization of aliens, but no citizen may make such renunciation in time of war, and if war shall be declared within one year after such renunciation then such renunciation shall be void. Sec. 3, act of May 24, 1934 (48 Stat. 797); 8 U. S. C. 17a.

Notes of Decisions

In general.-One becoming citizen by mother's naturalization by marriage could not expatriate himself by joining Canadian Expe

ditionary Forces after United States declared war. In re Bishop (D. C., 1927), 26 F. (2d) 148.

That any person

560. Repatriation of veterans of allied armies.-Twelfth. 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 country 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 allegiance 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 certified 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); act of June 21, 1930 (46 Stat. 791); 8 U. S. C. 18.

Notes of Decisions

Effect of statute generally.-Statute ap- v. Tillinghast (C. C. A., 1928), 29 F. (2d) plied to naturalized alien returning after 527. military service in army of Italy. Camardo

561. Naturalization; Filipinos, Puerto Ricans and aliens in military service or honorably discharged therefrom.-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 or the Coast Guard, and who after service of not less than three years may be honorably discharged therefrom, or who may receive an ordinary discharge with recommendation for reenlistment; or any alien or any Puerto 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, 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. * Par. 7, added to sec. 4, act of June 29, 1906, by sec. 1, act of May 9, 1918 (40 Stat. 542); sec. 6 (c) and 6 (d), act of Mar. 2, 1929 (45 Stat. 1514); sec. 2, act of May 25, 1932 (47 Stat. 165); sec. 3, act of July 30, 1937 (50 Stat. 548); 8 U. S. C. 388.

*

The "Regular Army Reserve" referred to was abolished by sec. 30, National Defense Act of 1920, and the clause relating thereto should be omitted (J. A. G. 010.3, November 12, 1929, p. 20).

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 (App. D. C., 1927), 22 F. (2d) 879.

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

Necessity of lawful entry into United States. Alien entering under visitor's permit, and shortly thereafter making declaration of intention and enlisting in the militia is not entitled to benefit of this section. In re Wieg (D. C., 1929), 30 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.

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.

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. re McPhee (1930), 245 N. Y. S. 89, denying naturalization for want of proof of honorable discharge.

In

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.

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.

* * *

562. Naturalization; alien declarants enlisted conditionally.-Seventh. 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 naturaliza