Page:United States Statutes at Large Volume 54 Part 1.djvu/1193

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54 STAT.] 76TH CONG. , 3 D SESS.-CH. 876-OCT. 14, 1940 1159 section (a) of section 301 in the judicial district in which the natu- Ante, p. 1140 . ralized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground of fraud or on the ground that such order and certificate of naturalization were illegally procured. (b) The party to whom was granted the naturalization alleged to Notice. have been fraudulently or illegally procured shall, in any such pro- ceedings under subsection (a) of this section, have sixty days' per- sonal notice in which to make answer to the petition of the United States; and if such naturalized person be absent from the United States or from the judicial district in which such person last had his residence, such notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the State or the place where such suit is brought. (c) If a person who shall have been naturalized shall, within five TakIng permanent years after such naturalization, return to the country of such person's residenceroad nativity, or go to any other foreign country, and take permanent resi- dence therein, it shall be considered prima facie evidence of a lack of intention on the part of such person to become a permanent citizen of the United States at the time of filing such person's petition for naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancelation of the certificate of naturalization as having been obtained through fraud. The diplomatic and consular officers of the Furnishg of cer- United States in foreign countries shall from time to time, through diplomaticetc., of- the Department of State, furnish the Department of Justice with the cers of U.S. names of those persons within their respective jurisdictions who have been so naturalized and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, duly certified, shall be admissible in evidence in all courts in proceedings to revoke and set aside the order admitting to citizen- ship and to cancel the certificate of naturalization. (d) The revocation and setting aside of the order admitting any Eonfect of",revof'ti person to citizenship and canceling his certificate of naturalization etc. under the provisions of subsection (a) of section 338 shall not, where Ante, p. 1158 . such action takes place after the effective date of this Act, result in the loss of citizenship or any right or privilege of citizenship which would have been derived by or available to a wife or minor child of the naturalized person had such naturalization not been revoked, but the citizenship and any such right or privilege of such wife or minor child shall be deemed valid to the extent that it shall not be affected by such revocation: Provided, That this subsection shall not apply in any case Poiso. where the revocation and setting aside of the order was the result of aad actual fraud. (e) When a person shall be convicted under this Act of knowingly tCancelation of cer- procuring naturalization in violation of law, the court in which such conviction is had shall thereupon revoke, set aside, and declare void the final order admitting such person to citizenship, and shall declare the certificate of naturalization of such person to be canceled. Juris- diction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. (f) Whenever an order admitting an alien to citizenship shall be 1 Order of cancela- revoked and set aside or a certificate of naturalization shall be canceled, or both, as provided in this section, the court in which such judgment or decree is rendered shall make an order canceling such certificate and shall send a certified copy of such order to the Commissioner; in case Copy to issuing such certificate was not originally issued by the court making such order, it shall direct the clerk of the naturalization court in which the