52STAT.] 75TH CONG.,3D SESS.-CHS. 818 , 819--JUNE 29, 1938 SEC. 2. The joint resolution of January 6, 1885 (U. S. C., title 5, sec. 86), and all other laws inconsistent or in conflict with the provi- sions of this Act are hereby repealed to the extent of such inconsistency or conflict. Approved, June 29, 1938. [CHAPTER 819] JOINT RESOLUTION To amend the Naturalization Act of June 29, 1906 (34 Stat. 596), as amended. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the second paragraph of the fourth subdivision of section 4 of the Naturalization Act of June 29, 1906 (U. S. C., title 8, sec. 382), as amended by section 1 of the Act of June 25, 1936 (49 Stat. 1925), is amended to read as follows: "Absence from the United States for a continuous period of more than six months and less than one year during the period for which continuous residence is required for admission to citizenship, immedi- ately preceding the date of filing the petition for naturalization, or during the period between the date of filing the petition, and the date of final hearing, shall be presumed to break the continuity of such residence, but such presumption may be overcome by the presen- tation to the naturalization court of satisfactory evidence that such individual had a reasonable cause for not returning to the United States during such absence. Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship immedi- ately preceding the date of filing the petition for naturalization or during the period between the date of filing the petition and the date of final hearing, shall break the continuity of such residence, except, that in the case of an alien- (a) who has been lawfully admitted into the United States for permanent residence, (b) who has resided in the United States for at least one year thereafter, and (c) who has made a declaration of intention to become a citizen of the United States, who shall be deemed an eligible alien for the purposes of this paragraph and who thereafter has been sent abroad as an employee of or under contract with the Government of the United States, or who thereafter proceeded abroad as an employee or representative of, or under contract with an American institution of research recognized as such by the Secretary of Labor, or as an employee of a firm or corporation engaged in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or any such eligible alien as above defined who has pro- ceeded abroad temporarily and has within a period of one year of his departure from the United States become an employee or repre- sentative of, or who is under contract with such an American institu- tion of research, or has become an employee of such an American firm or corporation, no such absence shall break the continuity of residence in the United States if- "(1) Prior to the beginning of such absence, or prior to the begin- ning of such employment, contract, or representation on behalf of an American institution of research or an American firm or cor- poration as aforesaid, such alien has established to the satisfaction of the Secretary of Labor that his absence for such period is to be on behalf of such government or for the purpose of carrying on 1247 Repeal of inconsist- ent laws. 23 Stat. 516 . 5U.S .C .§86. June 29, 1938 [H. J. Res. 681] [Pub. Res., No. 128] Naturalization Act of 1906, amendments. 34 Stat. 598; 49 Stat. 1925. 8U.S.C.§382; Supp. III, § 382. Residence require- ments. Continuity; ab- sences. Continuity broken by absence of one year or more; exceptions. Government, etc., employees, sent abroad. Employees of for- eign trade corpora- tions, etc. Employee of an American institution of research. Conditions im- posed. Satisfactory proof to Secretary of Labor.
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