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PUBLIC
LAW
4
14-JUNE
27,
19
52
of proof shall be upon sucli person to establisll that he is eligible toreceive such visa or such document, or is not subject to exclusion underany provision of this Act, and, if an alien, that he is entitled to thenoninimig~.ant, quota inimigrant, or iionquota inlrnigrant statusclaimed, as the case may be. If such person fails to establish to thesatisfaction of tlie coiisular officer that he is eligible to receive a visa orother doculneiit required for entry, no visa or other docume~lt equiredfor entry sliall be issued to such person, nor shall such person beadmitted to the United States unless he establishes to the satisfactionof the Attorney General that lie is not subject to exclusioii under allyprovision of this Act. In any deportation proceeding under chapter
5
against any person, the burden of proof shall be upon such personto show tlle time, place, and inanner of his entry into the UnitedStates, but in presenting such proof he shall be entitled to the produc-tion of his visa or other entry document, if any, and of any other docu-ments and records, not coiisiderecl by the Attorney General to beconfidential, pertaining to such entry in tlle custody of the Service.If sucli burden of proof is riot sustained, such person shall be presumedto be in the United States in violation of lam.
RIGHT
TO
COUNSEL
SEC.
92.
In any exclusion or deportation proceedings before aspecial inquiry officer and in any appeal proceediilgs before theAttorney General from any such exclusion or deportation proceedings,tlle persoil concerned shall have the privilege of being represented (atno expense to the Oorerninent) by such counsel, authorized to practicein sucli proceedings, as he shall choose.
TITLE
111-NBTIONALITY AND NATURALIZATION
NATIONALS AND
CITIZENS
OF
THX
UNITED
STAmS
AT
FURTH
SEC.
01.
(a) The follo\~ing liall be nationals and citizens of theTJnited States at birth:
(1)
a person born i11 the United States, and subject to thejurisdiction thereof
;
(2)
a person born in the United States to a member of anIndian, Eskimo, Aleutian, or other aboriginal tribe:
Prowided,
That tlie granting of citizenship under this subsection shall notin any inaniler impair or otherwise affect the right of such personto tribal or other property;
(3)
a
person born outside of the United States and its outlying~~ossessionsf parents both of \vlioin are citizens of the UnitedStates and oiie of whom has had
a
residence in the United Statesor one of its outlying possessions, prior to the birth of suchperson
;
(4)
a person borii outside of the United States and its outlyingpossessiol~sof parents one of whom is a citizen of the UnitedStates who has been pllysically present in the United States oroiie of its outlying possessioi~s or
a
continuous period of oiie yearprior to the birth of such person, and the other of \I-hom is
a
national, but not
a
citizen of the United States:
(5)
a person borii in an outlying possessio~l of the UnitedStates of parents one of whom is a citizen of the United States whohas been physically present in the United States or one of its
PUBLIC
LAW
4
14-JUNE
27,
1952
54
Stet.
1138.
8
USC
601.
outlying ~~ossessioiisor a continnoas period of one yeitr at anytinle
prior
to the birtli of sucli person;
(fi)
a
person of rnnkiio~vi~ arentage found i11 the UnitedStates wliile under the age of five years, until shown, prior to hisattaining the age of twenty-one years, not to have been born inthe United States;
(7)
a
person born outside the geographical limits of the UnitedStates and its outlying possessions of parents one of w11om
is
analien, and the other a citizen of the United States who, prior to thebirtli of sucli person, was physically present in the United Statesor its outlying possessions for a period or periods totaling not lessthan tell years, at least five of which were after attaining the ageof foarteen years: Provided, That any periods of honorable serv-ice in tlie Ariiled Forces of the Unitecl States by such citizen parentmay be inclnclecl in coinputing the pliysical presence requirementsof this paragraph.(b) Any person who is a national
ancl
citizen of the Iiilited States
i~t
irth uritler parag~*apl~
7)
of subsection
(a),
sllall lose his
lat ti on-
:~litynt1 citizeilsl~ip nless he sliall coiile to tlie Uiiited States prior to:~ttaining he age
of
twenty-three years and sllall immediately fol1011--i~igny srrcli coinii~g e continuously pllpsically present in tlie UnitedState for at least five years: Provided, That such physical presencefollows the attainment of the age of fourteen years and precedes thetlge of twenty-eight years.(c) Subsection (b) shall apply to a person born abroad subsequentto May 24, 1934: Provided, however, That nothing contained in thisstrbsectioil sliitll Ire construetl to alter or affect the citizeilship of anyperson born abroad subsequent to May 24, 1034, who, prior to theeffective clate of this Act, lias taken
up
a residence in the United Statesbefore attaining the age of sixteen years, and thereafter, whetherbefore or after the effective date of this Act, cornplies or shall complywith tlie residence requirements for retention of citizenship specifiedin subsections
(g)
and (11) of section 201 of the Nationality Act of19&0,as amended.
PERSONS RORN
IN
PUERTO
RICO
ON
OR
AFTER APRIL
1
1,
18
9 9
SEC.
02. All persons born in Pnerto Rico on or after April
11,
1899,and prior to January
13,
1941, subject to the jurisdiction of the UnitedStates, residing on January 13,1941, in Puerto Rico or other territoryover the United States exercises rights of sovereignty and notcitizens of the United States under any other Act, are hereby declaredto be citizens of the United States as of January 13, 1941. All personsborn in Puerto Rico on or after January 13, 1941, aid stibject to thejurisdiction of the Uiiited States, are citizens of the United Statesat birth.
I'ERSONS
BORN
IN THE
CANAL
ZONE
OR
REPUBLIC.
OF
PANAMA
ON
OR
AFTER
FEBRUARY
26,
1904
SEC.
03. (a) Any person born in the Canal Zone on or after Feb-ruary 26, 1904, and whether before or after the effective date of thisAct, whose father or mother or both at the time of tlie birtli of suchperson was or is a citizen of the United States, is declared to be a citi-zen of the United States.(b) Ally person born in the Republic of Psti~ama on
01.
afterFebruary
26,
1904, and whether before or after tlie effective clate ofthis Act, whose father or motller
or
both at the time of the birth ofsuch person was or
is
a
citizen of the United States employed by theGovernment of the United States or by the Panama Railroad
Corn-
PLBLIC
LAW
414-
JUNE
27,
1952
pany, or its successor in title, is declared to be a citizen of the UnitedStates.
PERSONS
BORN
IN
ALASKA
OX
OR
AmER
MARCH
3
0,
1
A6
7
SEG.
01. A person born in Alaska on or after March 30, 1867, ex-cept a noncitizen Indian, is a citizen of the United States at birth.Alioncitizen Indian born in Alaska on or after March 30, 1867, andprior to June 2, 1924, is declared to be a citizen of the United Statesas of June
2,
1924. An Indian born in Alaska on or after June 2,1921, is a citizen of the United States at birth.
PERSONS
BORN
IS
HAWAII
SEC.
05. A person born in Hawaii on or after August 12,1898, andbefore April 30, 1900, is declared to be a citizen of the United Statesas of April 30, 1900.
h
person born in Hawaii on or after April 30,1900, is a citizen of the United States at birth.A person who was acitizen of the Republic of Hawaii on August 12, 1898, is declared tobe a citizen of the United States as of April 30, 1900.
PERSONS
LIVING
IN
AND
BORN
IN
THEI
VIRGIN
ISLANDS
SEC.
06. (a) Tlze following persons and their children born subse-quellt to January 17,1917, and prior to February 25,1927, are declaredto be citizens of the United States as of February 25, 1927:(1) All former Danish citizens who, on January 17, 1917, residedin the Virgin Islands of the United States, and were residing in thoseislailds or in the United States or Puerto Rico on February 25, 1927,and who did not make the declaration required to preserve their Danishcitizenship by article
6
of the treaty entered into on August 4, 1916,between the United States and Denmark, or who, having made such
a
declaration have heretofore renounced or may hereafter renounce it
by
a declaration before a court of record
;
(2) All natives of the Virgin Islands of the United States who,on January 17, 1917, resided in those islands, and were residing inthose islands or in the United States or Puerto Rico on February 25,1927. and who were not on February 25, 1927, citizens or subjects ofany foreign country
;
(3)
A11 natives of the Virgin Islands of the United States who, onJanuary 17, 1917, resided in the United States, and were residing inthose islands on February 25, 1927, and who were not on February25,1927, citizens or subjects of any foreign country; and
(4)
All natives of the Virgin Islands of the United States who, onJune 2S, 1932, were residing in continental United States, the VirginIslands of the United States, Puerto Rico, the Canal Zone, or anyother insular possession or territory of the United States, and who, onJune 28, 1932, were not citizens or subjects of any foreign country,regardless of their place of residence on January 17, 1917.(b)All persons born in the Virgin Islands of the United States on orafter January 17,1917, and prior to February 25,1927, and subject tothe jurisdiction of the United States are declared to be citizens of theUnited States as of February 25,1927; and all persons borfi in thoseislands on or after February 25,1927, and subject to the jurisdiction ofthe United States, are declared to be citizens of the United States atbirth.
PERSONS
LIVING
IN
AND
BORN
IN
GUAM
SEC.
07. (a) The following persons, and their children born afterApril
11,
1899, are declared to be citizens of the United States as ofAugust
1,
1950. if they were residing on August
1,
1950, on the island
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