Nationality Act of 1940-Ch3 S301-322

1140

PUBLIC

LA

WS-OH.876-0CT.

14.

1940

[54

STAT.

Status.

in

absenceoflegitimation.etc.

Courtshavingnatu-

ralizationjnrisdiction.

Petitionswithin

Statejudicialdistricts.ate.Blankforms.Manner,etc

.•

ainat.

uraliution.

Sex

or

marriagenobar.Raciallimitation.

Proviso.

Eligihilityofcer·tainFilipinos,etc.

Post.

p.

1149.

Post.

p.

1146.

Englishlanguagere

quirement.

In

theabsence

of

suchlegitimation

or

adjudication,

the

child,whetherbornbefore

orafter

theeffectivedate

of

thisAct,

if

the

mother

had

thenationalityof

the

United

States

at

the

time

ofthe

child'sbirth,

and

had

previouslyresided

in

theUnitedStates

or

one

of

its

outlyingpossessions,shallbeheld

to

haveacquired

at

birth

her

nationalitystatus.

CHAPTER

III-NATIONALITY

THROUGH

NATURALIZATION

GENERAL

PROVISIONSJURISDICTION

TO

NATURALIZE

SEC.

301.

(a)

Exclusivejurisdiction

to

naturalizepersonsascitizens

of

the

UnitedStates

isherebyconferredupon

the

followingspecifiedcourts:

District

CourtsoftheUnitedStatesnowexisting,

or

which

may

hereafter

beestablished

by

Congress

inany

State,DistrictsCourts

of

the

United

States

for

the

Territories

ofHawaiiand

Alaska,

and

fortheDistrict

of

Columbia

and

forPuerto

Rico,

andtheDistrict

Court

of

the

Virgin

Islands

of

the

UnitedStates;

alsoallcourts

of

record

in

any

StateorTerritory

nowexisting,

or

which

may

hereafter

becreated,havingaseal,aclerk,

and

jurisdiction

in

actions

at

law

or

equity,

or

law

and

equity,

in

which

the

amount

in

controversy

is

unlimited.

The

jurisdiction

of

allthecourtshereinspecified

to

naturalizepersonsshallextendonly

to

suchpersonsresidentwithin

the

resnectivejurisdictionsofsuchcourts,exceptasotherwisespecificallyprovided

inthis

Act.

(b)

Apersonwhopetitions

for

naturalizationin

any

State

court

havin{!:

naturalizationJurisdiction,maypetitionwithin

theState

judicialdIstrict

orState

judicialcircuit

in

which

he

resides,whether

or

not

heresideswithinthecountyinwhichthepetition

for

naturalizationisfiled.(c)

The

courtshereinspecified,uponrequest

ofthe

clerks

of

suchcourts,shallbefurnishedfromtime

to

timeby

the

Commissioner

or

a

Deputy

Commissioner

with

such

blank

formsasmayberequired

in

naturalization

proceedings.

(d)

Apersonmay

be

naturalizedasacitizen

of

the

United

States

in

the

manner

and

undertheconditionsprescribedin

this

Act,

and

not

otherwise.

SUBSTANTIVEPROVISIONSELIGIBILITY

FOR

NATURALIZATION

SEC.

302.

Therightof

apersontobecomeanaturalizedcitizen

of

theUnited

Statesshall

not

bedenied

or

abridgedbecause

of

sex

or

becausesuchpersonismarried.

SEC.

303.

The

right

to

becomeanaturalizedcitizen

underthe

provisions

ofthisAct

shallextendonlytowhitepersons,persons

of

Africannativity

or

descent,

and

descendants

of

racesindigenous

to

the

WesternHemisphere:

Provided,

That

nothing

inthis

sectionshallprevent

the

naturalization

of

native-bornFilipinos

having

thehonorableserviceinthe

United

StatesArmy,Navy,MarineCorps,

or

Coast

Guard

asspecifiedinsection324,

norof

formercitizens

of

the

UnitedStates

whoareotherwiseeligible

to

naturalization

under

the

provisions

of

section317.

SEO.

304.

Nopersonexceptasotherwiseprovided

in

thisAct

shallhereafterbenaturalizedasacitizen

of

the

UnitedStates

upon

his

ownpetitionwhocannotspeakthe

English

language.

This

requirementshall

notapply

toanypersonphysicallytillable

to

complytherewith,

if

otherwisequalified

to

benaturalized.

54

STAT.]76TH

CONG.,

3D

SESS.-CH.

87B-OCT.

14,

1940

1141

SEC.

305.Noperson

shall

hereafter

be

naturalized

asacitizen

of

the

United

States-

(a)

'Vho

advises,advocates,

or

teaches,

or

who

is

amember

ofor

affiliated

with

any

organization,association,society,

orgroup

that

advises,advocates,

or

teachesoppositionto

all

organizedgovern-

ment;or

(b)

'Vho

believes

in,

advises,advocates,

or

teaches,

or

who

is

amember

of

or

affiliated

withany

organization,association,society,

or

group

that

believesin,advises,advocates,

or

teaches-

(1)

the

overthrow

by

:force

or

violence

of

the

Government

of

the

UnitedStates

orof

allforms

of

law;

or

(2)

theduty,

necessity,or

proprietyof

the

unlawful

assaulting

or

killing

ofany

officer

or

officers

(either

of

specific

individuals

orof

officersgenerally)

of

theGovernment

of

the

UnitedStates

or

any

other

organizedgovernment,because

0:£

his

ortheir

official

character;

or

(3)

theunlawful

damage,

injury,

or

destruction

of

property;or

(4)sabotage.(c)

Who

writes,publishes,

or

causes

to

be

written

or

published,

or

who

knowingly

circulates,distributes,

prints,

or

displays,

or

know-

ingly

causes

to

becirculated,distributed,

printed,

published,

or

dis-played,

or

whoknowinglyhas

in

hispossession

for

the

purpose

of

cir-culation,

distribution,

publication,

or

display

anywrittenorprinted

matter

advising,advocating,

or

teachingopposition

to

allorganized

government

or

advising,advocating,

or

teaching-

(1)

the

overthrow

by

force

or

violence

of

the

Government

ofthe

UnitedStates

or

of

allforms

oflaw;or

'(2)the

duty,

necessity,

orproprietyof

theunlawful

assaulting

or

killing

of

any

officer

or

officers

(either

of

specificindividuals

orof

officersgenerally)

0:£

the

Government

oftheUnited

States

or

of

anyother

organized

government;

or

(3)

theunlawful

damage,

injury,

or

destruction

ofproperty;

Or

(4)sabotage.

(d)Who

isamember

of

or

affiliated

withany

organization,asso-ciation,society,

orgroup

that

writes,circulates,distributes,

prints,

publishes,

or

displays,

or

causes

to

be

written,

circulated,distributed,

printed,

published,

or

displayed,

orthat

has

in

itspossession

:£01'

the

purpose

of

circulation,distribution,publication,issue,

or

display,

any

written

orprinted

matterofthecharacter

described

in

sub-division

(c).

For

the

purpose

ofthis

section-

(1)

the

giving,loaning,

or

promising

of

money

or

anythingof

value

to

beused

forthe

advising,advocacy,

or

teaching

ofany

doctrineaboveenumerated

shall

constitute

the

advising,advocacy,

or

teaching

of

such

doctrine;

and

(2)

the

giving,loaning,

or

promising

of

money

or

anything

of

value

toany

organization,association,society,

orgroup

0:£

thecharacter

abovedescribed

shall

constituteaffiliation

therewith;

but

nothinginthis

paragraph

shallbe

taken

as

an

exclusivedefinition

of

advising,advocacy,

teaching

or

affiliation.

The

provisions

ofthis

sectionshaHbeapplicable

to

anyapplicant

Ior

naturalization

who

at

anytime

within

aperiod

often

yearsimmediately

preceding

the

filing

ofthe

petition

fornaturalization

is,

or

has

been,found

to

be,,,ithinany

ofthe

clauses

enumerated

inthis

section,

notwithstanding

thatat

the

time

petition

isfiledhe

may

not

beincluded

in

suchclasses.

SEC.

306.Apersonwho,

at

any

time

during

which

theUnitedStateshas

been

or

shallbe

at

war,

deserted

or

shalldesert

themilitary

or

naval

forces

of

theUnited

States,

or

who,

having

duly

enrolled,

departed,or

shall

depart

from

the

jurisdiction

oi

thedistrict

in

which

Personsineligiblefornaturalization.Advisingopposition

to

allorganized

gov-

ernment.

Advocating

over

throwof

u.

S.Gov-

ernment.etc.

Publishing,etc.,cer-

tain

writtenorprinted

IIUltter.Holding

member

shipincertainorgani-

zations.etc.

Definitionofterms.Applicabilityofpro-

visions.

Ineligibility

of

con·victeddeserters.

1142

PUBLIC

LAWS-CR.876-0CT.

14,

1940

[54

STaT.

Residenceandchar-

Bcwrrequirements.

Presumptionofbro-kencontinuityofresidence.

Overcomingpre

sumption.AbsencefromU.

S.

fordesignat-edperiod.

AbsencefromU.

S.

underU.S.employ-ment,ete.

enrolled,

or

went

or

shallgobeyond

the

limits

ofthe

United

States,

withintent

to

avoid

any

draft

into

the

military

or

navalservice,law-fullyordered,shall,uponconvictionthereofbya

court

martial,beineligibletobecomeacitizen

of

theUnited

States;

andsuchdesertersshallbeforeverincapableofholding

any

office

oftrust

or

ofprofit

undertheUnited

States,

or

of

exercising

any

rightsofcitizensthereof.

SEC.

307.

(a)

Noperson,exceptashereinafterprovided

inthis

Act

1

shallbenaturalizedunlesssuchpetitioner,(1)immediatelypreceding

thedate

of

filingpetition

for

naturalizatIOnhasresidedcontinuouslywithinthe

UnitedStatesfor

at

leastfiveyearsandwithinthe

State

in

which

thepetitioner

resided

at

the

time

of

filing

the

petition

for

at

leastsixmonths,(2)hasresidedcontinuouslywithin

theUnitedStates

from

the

date

of

thepetition

up

to

thetime

of

admission

to

citizenship,

and

(3)

during

alltheperiodsreferred

toin

thissub-sectionhasbeen

and

stillisaperson

of

goodmoralcharacter,attachedto

the

principles

of

the

Constitution

of

theUnited

States,

and

welldisposed

to

thegoodorderandhappiness

of

the

United

States.(b)Absencefrom

the

UnitedStates

for

acontinuousperiod

of

more

than

sixmonths

but

less

than

one

yearduring

the

period

for

whichcontinuousresidenceisrequired

for

admission

to

CItizenship,immediatelyprecedingthe

dateof

filing

the

petition

for

naturaliza-tion,

or

during

the

periodbetweenthedate

of

filingthepetitionand

thedate

offinalhearing,shallbepresumed

to

break

the

continuity

of

suchresidence,

but

suchpresumptlonmaybeovercomeby

the

presen-

tationof

evidencesatisfactory

to

thenaturalization

court

that

suchindividual

had

areasonablecause

fornot

sooner

returning

to

theUnited

States.Absencefrom

theUnitedStatesfor

acontinuousperiod

of

one

year

or

more

during

theperiodforwhichcontinuousresidenceisrequiredforadmission

to

citizenship,immediatelypre-cedingthedate

of

filingthepetition

for

naturalization

or

duringthe

periodbetween

the

date

of

filing

the

petitionandthedate

of

finalhearing,shallbreak

the

continuity

of

suchresidence,except

that

in

the

case

ofan

alienwho

has

residedin

theUnited

States

for

at

leastoneyear,

during

whichperiodhehasmadeadeclaration

of

inten-tion

to

becomeacitizen

of

theUnitedStates,andwho

thereafter

isemployed

by

or

under

contractwith

the

Government

of

the

United

Statesor

an

Americaninstitution

of

researchrecognizedassuchbythe

Attorney

General,

or

is

employed

byan

Americanfirmorcorpo-rationengagedinwhole

or

in

part

in

the

development

of

foreign

tradeand

commerce

ofthe

UnitedStates

or

asubsidiarythereof,noperiodofabsencefrom

theUnited

Statesshallbreak

the

continuity

of

residence

if-

(1)

Prior

tothebeginning

of

suchperiod(whethersuchperiodbeginsbefore

or

after

hisdeparturefromtheUnited

States)

the

alien

has

established

to

thesatisfaction

of

the

Attorney

General

that

hisabsencefrom

theUnitedStates

for

suchperiod

i's

tobeonbehaH

of

suchGovernment,

orfor

thepurpose

ofcarrying

onscien-tificresearchonbehalf

of

suchinstitution,

or

to

beengaged

in

the

development

of

suchforeign

tradeand

commerce

or

whoseresidenceabroadisnecessary

tothe

protectionof

thepropertyrights

in

suchcountries

of

suchfirm

or

corporation,

and

(2)Suchalienprovestothesatisfaction

of

thecourt

that

hisabsencefrom

the

UnitedStates

for

suchperiod

has

been

for

suchpurpose.(c)Noperiod

of

absencefrom

the

UnitedStates

during

thefiveyearsimmediatelypreceding

June

25,1936,shallbeheld

to

havebroken

the

continuityofresidencerequiredbythenatura)izationlaws

if

the

alienproves

tothe

satisfaction

of

the

Attorney

General

and

Documents

People

Share & Embed

Nationality Act of 1940-Ch3 S301-322

Report this document?

Info and Rating

Share & Embed

Related Documents

More from this user

Add a Comment

Documents

People

View Mode

Login to Add a Comment

Share & Embed

Nationality Act of 1940-Ch3 S301-322

Report this document?

Info and Rating

Share & Embed

Related Documents

More from this user

Add a Comment

High Quality

Other login options

Signup

Why Sign up?

Login Successful