Page:United States Statutes at Large Volume 54 Part 1.djvu/1181

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


54 STAT.] 76TH CONG. , 3n SESS.-CH. 876-OCT. 14, 1940 of her marriage prior to September 22, 1922, to an alien, and whose marital status with such alien has or shall have terminated, if no other nationality was acquired by affirmative act other than such marriage, shall, from and after the taking of the oath of allegiance prescribed by subsection (b) of section 335 of this Act, be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922. (2) Such oath of allegiance may be taken abroad before a diplo- matic or consular officer of the United States, or in the United States before the judge or clerk of a naturalization court. (3) Such oath of allegiance shall be entered in the records of the appropriate embassy or legation or consulate or naturalization court, and upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy or lega- tion or consulate or naturalization court, shall be delivered to such woman at a cost not exceeding $1, which certified copy shall be evi- dence of the facts stated therein before any court of record or judicial tribunal and in any department of the United States. (c) A person who shall have been a citizen of the United States and also a national of a foreign state, and who shall have lost his citizenship of the United States under the provisions of section 401 (c) of this Act, shall be entitled to the benefits of the provisions of sub- section (a) of this section, except that contained in subdivision (2) thereof. Such person, if abroad, may enter the United States as a nonquota immigrant, for the purpose of recovering his citizenship, upon compliance with the provisions of the Immigration Acts of 1917 and 1924. SEC. 318. (a) A former citizen of the United States expatriated through the expatriation of such person's parent or parents and who has not acquired the nationality of another country by any affirmative act other than the expatriation of his parent or parents may be natu- ralized upon filing a petition for naturalization before reaching the age of twenty-five years and upon compliance with all requirements of the naturalization laws with the following exceptions: (1) No declaration of intention and no certificate of arrival and no period of residence within the United States or in a State shall be required; (2) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner; (3) If there is attached to the petition at the time of filing, a cer- tificate from a naturalization examiner stating that the petitioner has appeared before him for examination, the petition may be heard at any time after filing; and (4) Proof that the petitioner was at the time his petition was filed and at the time of the final hearing thereon a person of good moral 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 that he intends to reside permanently in the United States shall be made by any means satisfactory to the nat- uralization court. (b) No former citizen of the United States, expatriated through the expatriation of such person's parent or parents, shall be obliged to comply with the requirements of the immigration laws, if he has not acquired the nationality of another country by any affirmative act other than the expatriation of his parent or parents, and if he has come or shall come to the United States before reaching the age of twenty-five years. (c) After his naturalization such person shall have the same citi- zenship status as if he had not been expatriated. 1147 Oath of allegiance. Post, p. 1157. Taking of oath. Entry upon records. Repatriation after military service with foreign state while national thereof. Post, p. 1169. Reacquisition of cit- izenship lost by ex- patriation of parents.