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effects in the possession of any person seeking admission to the United States, concerning whom such officer or employee may have reasonable cause to suspect that grounds exist for exclusion from the United States under this chapter which would be disclosed by such search. (June 27, 1952, ch. 477, title II, ch. 9, § 287, 66 Stat. 233.)

CROSS REFERENCES Definition of the term

Allen, see section 1101 (a) (3) of this title.

Attorney General, see section 1101 (a) (5) of this title.

Entry, see section 1101 (a) (13) of this title.

Immigration officer, see section 1101 (a) (18) of this title.

Service, see section 1101 (a) (34) of this title.

United States, see section 1101 (a) (38) of this title. Felony classified as an offense punishable by death or imprisonment for a term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. 8 1358. Local jurisdiction over immigrant stations.

The officers in charge of the various immigrant stations shall admit therein the proper State and local officers charged with the enforcement of the laws of the State or Territory of the United States in which any such immigrant station is located in order that such State and local officers may preserve the peace and make arrests for crimes under the laws of the States and Territories. For the purpose of this section the jurisdiction of such State and local officers and of the State and local courts shall extend over such immigrant stations. (June 27. 1952, ch. 477, title II, ch. 9, § 288, 66 Stat. 234.) § 1359. Application to American Indians born in

Canada. Nothing in this subchapter shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons' who possess at least 50 per centum of blood of the American Indian race. (June 27, 1952, ch. 477, title II, ch. 9, § 289, 66 Stat. 234.)

request whenever any alien is issued a social security account number and social security card. The Secretary shall also furnish such available information as may be requested by the Attorney General regarding the identity and location of aliens in the United States.

(d) A written certification signed by the Attorney General or by any officer of the Service designated by the Attorney General to make such certification, that after diligent search no record or entry of a specified nature is found to exist in the records of the Service, shall be admissible as evidence in any proceeding as evidence that the records of the Seryice contain no such record or entry, and shall have the same effect as the testimony of a witness given in open court. (June 27, 1952, ch. 477, title II, ch. 9, $ 290, 66 Stat. 234; 1953 Reorg. Plan No. 1, $$ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of said 1953 Reorg. Plan No. 1.

CROSS REFERENCES Definition of the term

Alien, see section 1101 (a) (3) of this title.

Attorney General, see section 1101 (a) (5) of this title.

Commissoner, see section 1101 (a) (8) of this title.
Entry, see section 1101 (a) (13) of this title.
Service, see section 1101 (a) (34) of this title.
United States, see section 1101 (a) (38) of this title.

8 1360. Establishment of central file; information from

other departments and agencies. (a) There shall be established in the office of the Commissioner, for the use of security and enforcement agencies of the Government of the United States, a central index, which shall contain the names of all aliens heretofore admitted to the United States, or excluded therefrom, insofar as such information is available from the existing records of the Service, and the names of all aliens hereafter admitted to the United States, or excluded therefrom, the names of their sponsors of record, if any, and such other relevant information as the Attorney General shall require as an aid to the proper enforcement of this chapter.

(b) Any information in any records kept by any department or agency of the Government as to the identity and location of aliens in the United States shall be made available to the Service upon request made by the Attorney General to the head of any such department or agency.

(c) The Secretary of Health, Education, and Welfare shall notify the Attorney General upon

8 1361. Burden of proof upon alien.

Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not subject to exclusion under any provision of this chapter, and, if an alien, that he is entitled to the nonimmigrant, quota immigrant, or nonquota immigrant status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not subject to exclusion under any provision of this chapter. In any deportation proceeding under Part 5 of this subchapter against any person, the burden of proof shall be upon such person to show the time, place, and manner of his entry into the United States, but in presenting such proof he shall be entitled to the production of his visa or other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry in the custody of the Service. If such burden of proof is not sustained, such person shall be presumed to be in the

United States in violation of law. (June 27, 1952, ch. 477, title II, ch. 9, § 291, 66 Stat. 234.)

CROSS REFERENCES Definition of the term

Allen, see section 1101 (a) (3) of this title.

Attorney General, see section 1101 (a) (5) of this title.

Consular officer, see section 1101 (a) (9) of this title.

Entry, see section 1101 (a) (13) of this title.

Nonimmigrant allen, see section 1101 (a) (15) (A—I) of this title.

Nonquota immigrant, see section 1101 (a) (27) of this title.

Quota immigrant, see section 1101 (a) (32) of this title.

Service, see section 1101 (a) (34) of this title.
United States, see section 1101 (a) (38) of this title.

§ 1362. Right to counsel.

In any exclusion or deportation proceedings before a special inquiry officer and in any appeal proceedings before the Attorney General from any such exclusion or deportation proceedings, the person concerned shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose. (June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat. 235.)

CROSS REFERENCES Definition of the term

Attorney General, see section 1101 (a) (5) of this title.

Special inquiry officer, see section 1101 (b) (4) of this title.

citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(6) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.

(b) Any person who is a national and citizen of the United States at birth under paragraph (7) of subsection (a) of this section, shall lose his nationality and citizenship unless he shall come to the United States prior to attaining the age of twentythree years and shall immediately following any such coming be continuously physically present in the United State' for at least five years: Provided, That such physical presence follows the attainment of the age of fourteen years and precedes the age of twenty-eight years.

(c) Subsection (b) of this section shall apply to a person born abroad subsequent to May 24, 1934: Provided, however, That nothing contained in this subsection shall be construed to alter or affect the citizenship of any person born abroad subsequent to May 24, 1934, who, prior to the effective date of this chapter, has taken up a residence in the United States before attaining the age of sixteen years, and thereafter, whether before or after the effective date of this chapter, complies or shall comply with the residence requirements for retention of citizenship specified in subsections (g) and (h) of section 201 of the Nationality Act of 1940, as amended. (June 27, 1952, ch. 477, title III, ch. 1, $ 301, 66 Stat. 235.)

REFERENCES IN TEXT Subsections (g) and (h) of section 201 of the Nation. ality Act of 1940, as amended, referred to in subsec. (c). were formerly classified to section 601 of this title, and were repealed by section 403 (a) (42) of act June 27, 1952.

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

Alien, see section 1101 (a) (3) of this title. National of the United States, see section 1101 (a) (22) 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.

SUBCHAPTER III.-NATIONALITY AND

NATURALIZATION

Part I.–NATIONALITY AT BIRTH AND COLLECTIVE

NATURALIZATION § 1401. Nationals and citizens of United States at

birth. (a) The following shall be nationals and citizens of the United States at birth:

(1) a person born in the United States, and subject to the jurisdiction thereof;

(2) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe. Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(3) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(4) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(5) a person born in an outlying possession of the United States of parents one of whom is a

So in original. Probably should read "United States". Residence, see section 1101 (a) (33) of this title.

United States, see section 1101 (a) (38) of this title. Persons born and naturalized in United States and subject to its jurisdiction as citizens of United States and State wherein they reside, see Const. Amend. 14, § 1.

$ 1401a. Birth abroad before 1952 to service parent.

Section 1401 (a) (7) of this title shall be considered to have been and to be applicable to a child born outside of the United States and its outlying possessions after January 12, 1941, and before December 24, 1952, of parents one of whom is a citizen of the United States who has served in the Armed Forces of the United States after December 31, 1946, and before December 24, 1952, and whose case does not come within the provisions of section 201 (g) or (i) of the Nationality Act of 1940. (Mar. 16, 1956, ch. 85, 70 Stat. 50.)

REFERENCES IN TEXT Section 201 (g) and (1), referred to in the text, which were repealed by act June 27, 1952, ch. 477, title IV, $ 403 (a) (42), 66 Stat. 280, eff. Dec. 24, 1952, provided as follows:

"The following shall be nationals and citizens of the United States at birth:

81401b. Physical presence in the United States; ab

sences of less than twelve months in the aggregate. In the administration of section 1401 (b) of this title, absences from the United States of less than twelve months in the aggregate, during the period for which continuous physical presence in the United States is required, shall not be considered to break the continuity of such physical presence. (Pub. L. 85–316, § 16, Sept. 11, 1957, 71 Stat. 644.)

CODIFICATION Section was not enacted as a part of the Immigration and Nationality Act which comprised this chapter. $ 1402. Persons born in Puerto Rico on or after April

11, 1899. All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth. (June 27, 1952, ch. 477, title III, ch. 1, $ 302, 66 Stat. 236.)

CROSS REFERENCES United States defined, see section 1101 (a) (38) of this title.

“(g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who, prior to the birth of such person, has had ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, the other being an alien: Provided, That, in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twenty-one years: Provided further, That, if the child has not taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years' residence in the United States or its outlying possessions before reaching the age of twenty-one years, his American citizenship shall thereupon cease.

"The preceding provisos shall not apply to a child born abroad whose American parent is at the time of the child's birth residing abroad solely or principally in the employment of the Government of the United States or a bona fide American, educational, scientific, philanthropic, religious, commercial, or financial 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:

$ 1403. Persons born in the Canal Zone or Republic of

Panama on or after February 26, 1904. (a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, 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.

(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, 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, or its successor in title, is declared to be a citizen of the United States. (June 27, 1952, ch. 477, title III, ch. 1, 8 303, 66 Stat. 236.)

EFFECTIVE DATE Chapter as effective 180 days after June 27, 1952, see note set out under section 1101 of this title.

CROSS REFERENCES United States defined, see section 1101 (a) (38) of this title.

"(1) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who has served or shall serve honorably in the armed forces of the United States after December 7, 1941, and before the date of the termination of hostilities in the present war as proclaimed by the President or determined by a joint resolution by the Congress and who, prior to the birth of such person, has had ten years' resident in the United States or one of its outlying possessions, at least five of which were after attaining the age of twelve years, the other being an alien: Provided, That in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twenty-one years: Provided further, That, if the child has not taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years' residence in the United States or its outlying possessions before reaching the age of twenty-one years, bis American citizenship shall thereupon cease."

§ 1404. Persons born in Alaska on or after March 30,

1867. A person born in Alaska on or after March 30, 1867, except a noncitizen Indian, is a citizen of the United States at birth. A noncitizen Indian born in Alaska on or after March 30, 1867, and prior to June 2, 1924, is declared to be a citizen of the United States as of June 2, 1924. An Indian born in Alaska on or after June 2, 1924, is a citizen of the United States at birth. (June 27, 1952, ch. 477, title III, ch. 1, $ 304, 66 Stat. 236.)

CROSS REFERENCES United States defined, see section 1101 (a) (38) of this title.

§ 1405. Persons born in Hawaii.

A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Hawaii on August 12, 1898, is declared to be a citizen of the United States as of April 30, 1900. (June 27, 1952, ch. 477, title III, ch. 1, § 305, 66 Stat. 237.)

CROSS REFERENCES United States defined, see section 1101 (a) (38) of this title. § 1406. Persons living in and born in the Virgin Islands.

(a) The following persons and their children born subsequent to January 17, 1917, and prior to February 25, 1927, are declared to be citizens of the United States as of February 25, 1927:

(1) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, 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;

(2) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country:

(3) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and were residing in those islands on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country; and

(4) All natives of the Virgin Islands of the United States who, on June 28, 1932, were 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, and who, on June 28, 1932, were not citizens or subjects of any foreign country, regardless of their place of residence on January 17, 1917.

(b) All persons born in the Virgin Islands of the United States on or after January 17, 1917, and prior to February 25, 1927, and subject to the jurisdiction of the United States are declared to be citizens of the United States as of February 25, 1927; and all persons born in those islands on or after February 25, 1927, and subject to the jurisdiction of the United States, are declared to be citizens of the United States at birth. (June 27, 1952, ch. 477, title III, ch. 1, $ 306, 66 Stat. 237.)

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.

United States, see section 1101 (a) (38) of this title. 8 1407. Persons living in and born in Guam.

(a) The following persons, and their children born after April 11, 1899, are declared to be citizens of the United States as of August 1, 1950, if they were residing on August 1, 1950, on the island of Guam or other territory over which the United States exercises rights of sovereignty:

(1) All inhabitants of the island of Guam on April 11, 1899, including those temporarily absent from the island on that date, who were Spanish subjects, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality; and

(2) All persons born in the island of Guam who resided in Guam on April 11, 1899, including those temporarily absent from the island on that date, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no af. firmative steps to preserve or acquire foreign nationality.

(b) All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States: Provided. That in the case of any person born after August 1, 1950, he has taken no affirmative steps to preserve or acquire foreign nationality.

(c) Any person herein before described who is a citizen or national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952, a declaration under oath of such desire, said declaration to be in form and executed in the manner prescribed by regulations. From and after the making of such a declaration any such person shall be held not to be a national of the United States by virtue of this chapter. (June 27, 1952, ch. 477, title III, ch. 1, $ 307, 66 Stat. 237.)

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. 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. 8 1408. Nationals but not citizens of the United States

at birth. Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth:

(1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession;

(2) A person born outside the United States and PART II.-NATIONALITY THROUGH NATURALIZATION its outlying possessions of parents both of whom are nationals, but not citizens, of the United

§ 1421. Jurisdiction to naturalize. States, and have had a residence in the United

(a) Exclusive jurisdiction to naturalize persons States, or one of its outlying possessions prior to

as citizens of the United States is conferred upon the the birth of such person; and

following specified courts: District courts of the (3) A person of unknown parentage found in

United States now existing, or which may hereafter an outlying possession of the United States while be established by Congress in any State, District under the age of five years, until shown, prior to

Court of the United States for the Territory of his attaining the age of twenty-one years, not to

Hawaii, and for the District of Columbia and for have been born in such outlying possession. Puerto Rico, the District Court of the Virgin Is(June 27, 1952, ch. 477, title III, ch. 1, $ 308, 66 Stat.

lands of the United States, and the District Court 238.)

of Guam; also all courts of record in any State or CROSS REFERENCES

Territory now existing, or which may hereafter be Definition of the term

created, having a seal, a clerk, and jurisdiction in National of the United States, see section 1101 (a)

actions at law or equity, or law and equity, in which (22) of this title.

Parent, as used in subchapters I and II of this chap the amount in controversy is unlimited. The jurister, see section 1101 (b) (2) of this title.

diction of all the courts herein specified to naturalParent, as used in this subchapter, see section 1101

ized persons shall extend only to such persons resi(c) (2) of this title. Residence, see section 1101 (a) (33) of this title. dent within the respective jurisdiction of such

United States, see section 1101 (a) (38) of this title. courts, except as otherwise specifically provided in 8 1409. Children born out of wedlock.

this subchapter. (a) The provisions of paragraphs (3)—(5) and

(b) A person who petitions for naturalization in (7) of section 1401 (a) of this title, and of para

any State court having naturalization jurisdiction graph (2) of section 1408, of this title shall apply

may petition within the State judicial district or as of the date of birth to a child born out of wedlock State judicial circuit in which he resides, whether on or after the effective date of this chapter, if the or not he resides within the county in which the paternity of such child is established while such petition for naturalization is filed. child is under the age of twenty-one years by (c) The courts herein specified, upon request of legitimation.

the clerks of such courts, shall be furnished from (b) Except as otherwise provided in section 405

time to time by the Attorney General with such of this Act, the provisions of section 1401 (a) (7) of

blank forms as may be required in naturalization this title shall apply to a child born out of wedlock

proceedings. on or after January 13, 1941, and prior to the effec

(d) A person may be naturalized as a citizen of tive date of this chapter, as of the date of birth, if

the United States in the manner and under the conthe paternity of such child is established before or after the effective date of this chapter and while

ditions prescribed in this subchapter, and not othersuch child is under the age of twenty-one years by

wise. (June 27, 1952, ch. 477, title III, ch, 2, $ 310, legitimation.

66 Stat. 239; July 7, 1958, Pub. L. 85-508, $ 25, 72 Stat. (c) Notwithstanding the provision of subsection

351.)

AMENDMENTS (a) of this section, a person born, on or after the

1958-Subsec. (a) amended by Pub. L. 85-508, to elimieffective date of this chapter, outside the United

nate provisions which conferred jurisdiction on the DisStates and out of wedlock shall be held to have trict Court for the Territory of Alaska. See section 81A acquired at birth the nationality status of his

of Title 28, Judiciary and Judicial Procedure, which estab

lished a United States District Court for the State of mother, if the mother had the nationality of the

Alaska. United States at the time of such person's birth, and

EFFECTIVE DATE if the mother had previously been physically present Section as effective 180 days after June 27, 1952, see in the United States or one of its outlying possessions

note set out under section 1101 of this title. for a continuous period of one year. (June 27,

ADMISSION OF ALASKA AS STATE 1952, ch. 477, title III, ch, 1, $ 309, 66 Stat. 238.)

Effectiveness of amendment of this section by Pub. L.

85–508 as dependent upon the admission of the State of REFERENCES IN TEXT

Alaska into the Union, see section 8 (b) of Pub. L. 85-508, Section 405 of this Act, referred to in subsec. (b), is set out as a note preceding section 21 of Title 48, Terriclassified as a note under section 1101 of this title. tories and Insular Possessions. EFFECTIVE DATE

CROSS REFERENCES Chapter as effective 180 days after June 27, 1952, see Definition of the term note set out under section 1101 of this title.

Attorney General, see section 1101 (a) (5) of this

title. CROSS REFERENCES

Clerk of court, see section 1101 (a) (7) of this title. Definition of the term

Naturalization, see section 1101 (a) (23) of this Child, as used in subchapters I and II of this chap

title. ter, see section 1101 (b) (1) of this title.

Naturalization court, see section 1101 (a) (24) of Child, as used in this subchapter, see section 1101

this title. (c) (1) of this title.

Residence, see section 1101 (a) (33) of this title. National, see section 1101 (a) (21) of this title.

State, except as used in subsec. (a) of this section, National of the United States, see section 1101 (a) see section 1101 (a) (36) of this title. (22) of this title.

United States, see section 1101 (a) (38) of this title.

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