Page:United States Statutes at Large Volume 54 Part 1.djvu/1182

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PUBLIC LAWS-CH. 876-OCT. 14, 1940 Reacquisition of cit- izenship lost hy can- celation of parent's naturalization. Post, p . 1159. Beginning date of citizenship. Naturalization without preliminary declaration. Naturalization of national if resident of a State. Acquisition of citi- zenship; declaration of allegiance. SEC. 319. (a) A person who as a minor child lost citizenship of the United States through the cancelation of the parent's naturaliza- tion on grounds other than actual fraud or presumptive fraud as specified in the second paragraph of section 15 of the Act of June 29, 1906, as amended (34 Stat. 601; 40 Stat. 544, U. S. C., title 8, sec. 405), or who shall lose citizenship of the United States under subsection (c) of section 338 of this Act, may, if such person resided in the United States at the time of such cancelation and if, within two years after such cancelation or within two years after the effective date of this section, such person files a petition for naturali- zation or such a petition is filed on such person's behalf by a parent or guardian if such person is under the age of eighteen years, be naturalized upon compliance with all requirements of the naturaliza- tion laws with the exception that no declaration of intention shall be required and the required five-year period of residence in the United States need not be continuous. (b) Citizenship acquired under this section shall begin as of the date of the person's naturalization, except that in those cases where the person has resided continuously in the United States from the date of the cancelation of the parent's naturalization to the date of the person's naturalization under this section, the citizenship of such per- son shall relate back to the date of the parent's naturalization which has been canceled or to the date of such person's arrival in the United States for permanent residence if such date was subsequent to the date of naturalization of said parent. PERSONS MISINFORMED OF CITIZENSHIP STATUS SEC. 320. A person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preced- ing July 1, 1920, and was on that date otherwise qualified to become a citizen of the United States, except that such person had not made a declaration of intention required by law and who during or prior to that time, because of misinformation regarding the citizenship status of such person2 erroneously exercised the rights and performed the duties of a citizen of the United States in good faith, may file the petition for naturalization prescribed by law without making the preliminary declaration of intention, and upon satisfactory proof to the court that petitioner has so acted may be admitted as a citizen of the United States upon complying with the other requirements of the naturalization laws. NATIONALS BUT NOT CITIZENS OF THE UNITED STATES SEC. 321. A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified may, if he becomes a resident of any State, be naturalized upon compliance with the require- ments of this Act, except that in petitions for naturalization filed under the provisions of this section, residence within the United States within the meaning of this Act shall include residence within any of the out- lying possessions of the United States. PUERTO RICANS SEC. 322. A person born in Puerto Rico of alien parents, referred to in the last paragraph of section 5, Act of March 2, 1917 (U. S. C, title 8, sec. 5), and in section 5a, of the said Act, as amended by section 2 of the Act of March 4, 1927 (U. S. C., title 8, sec. 5a), who did not exercise the privilege granted of becoming a citizen of the United States, may make the declaration provided in said paragraph at any time, and from and after the making of such declaration shall be a citizen of the United States. 1148 [54 STAT.