Page images
PDF
EPUB

(e) The petition may not be filed within less than two, nor more than seven, years after the declaration of intention.

(f) A petition for naturalization, executed by the widow and minor children of a deceased declarant, pursuant to the provisions of the sixth subdivision of section 4 of the Act of June 29, 1906,1 as amended, shall be made and filed not less than two nor more than seven years after the filing of the declaration of intention by the deceased husband and father.16

(g) An alien arriving in the United States subsequent to June 29, 1906, must attach a "certificate of arrival" (form 145 or 526), showing time, place, and manner of such alien's arrival, to his petition; so also as to a petition of a married woman seeking to regain American citizenship lost through marriage to an alien when, during the continuance of the marital status, the petitioner resided outside the United States, or where the original arrival in the United States was subsequent to June 29, 1906. Telegraphic advices as to such data may be obtained by district directors and head naturalization examiners at the expense of the alien candidate.17

(h) Proof of Residence; Depositions.-Where a portion of the residence alleged in the petition for naturalization has been outside of the state, territory, or District of Columbia where such petition is filed, it may be established by the depositions of two or more witnesses, citizens of the United States; the personal appearance or oral testimony of such witnesses at the final hearing shall not be required.16

(i) Where a petition for naturalization is executed by the widow and minor children of a deceased alien who declared his intention to become a citizen of the United States, such declaration of intention or a certified copy thereof shall be filed with and made part of the petition for naturalization.16

(j) A petition for naturalization executed and filed pursuant to the provisions of the tenth subdivision of section 4 of the Act of June 29, 1906, as amended, must be supported by the affidavit of the petitioner (form 146) which may be accepted in lieu of a declaration of intention. Such affidavit shall be executed in duplicate and the original and duplicate thereof shall be attached to the original and duplicate of the petition for naturalization.16

(k) Where an American Indian who served in the military or naval forces of the United States during the World War seeks to be admitted to citizenship, he shall make a verified application therefor in triplicate (form 5-219) to the proper naturalization examiner, who shall thereupon assist such applicant to execute and file the necessary petition for naturalization. The original and duplicate of the application shall be filed with and made part of the petition for naturalization, and the triplicate shall be forwarded to the proper Indian superintendent.1

10

1 Act June 29, 1906 (34 Stat. 596), as amended in sections 16, 17, and 19 by Act March 4, 1909 (35 Stat. 1102 [Comp. St. §§ 10242, 10243, 10245]); in section 13 by Act June 25, 1910 (36 Stat. 830 [Comp. St. § 4372]), by Act March 4, 1913 (37 Stat. 736 [Comp. St. § 932 et seq.]), creating the Department of Labor, and by Act May 9, 1918 (40 Stat. 542).

16 Rule 5, Id.

17 Rule 5, Id.

5. Requirements to Become a Citizen by Naturalization; Aliens Generally (1) Age. Must have reached the age of 18 years before declaring intention to become citizen, and must be 21 years of age at least at the time of filing the petition for naturalization.

(2) Declaration of Intention.-Must make and file declaration of intention, in proper form, under oath, before the clerk or deputy clerk of the court in the district in which he resides.

(3) Petition for Naturalization.-Not less than two nor more than seven years after making declaration of intention must make and file petition for naturalization in proper form under oath in the court of the district wherein he then resides.

(4) Certificate of Arrival.-If he arrived in the United States after the 29th day of June, 1906, he must file with the petition for naturalization a certificate from the Department of Labor, stating the date, place, and manner of his arrival in the United States.

(5) Notice. Notice of the filing of the petition for naturalization and the approximate date for final hearing thereon, together with the names of witnesses, must be posted for at least 90 days prior to the final hearing.

(6) Proof. He must establish to the satisfaction of the court (1) that immediately preceding the date of his petition for naturalization he has resided continuously within the United States five years at least, and within the State or Territory where the court is, at the time held, one year at least; (2) that during that time he has behaved as a man 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 same; (3) that he is not an anarchist or a polygamist; and (4) that, being physically able to do so, he can speak the English language.

(7) Witnesses. In addition to his own oath, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution, is required.

(8) Oath of Allegiance.-Must be taken in open court before he is admitted to citizenship.

(9) Certificate of Naturalization.-Issued only when all of the foregoing requirements are met, and after the final order has been signed by the presiding judge.

6. Same; Widow and Minor Children of Deceased Declarant

(1) Age.-Widow must be 21 years of age at time of filing petition for naturalization.

(2) Declaration of Intention.-None required of the widow, but she must make proof of the declaration of intention made by the husband.

(3) Petition for Naturalization.-Not less than two nor more than seven years after the date of the declaration of intention of the deceased husband, must make and file petition for naturalization in proper form in the court of the district wherein she resides.

(4) Certificate of Arrival.-If widow and children arrived in the United States after the 29th day of June, 1906, a certificate from the Department of Labor stat

ing the date, place, and manner of arrival in the United States must be filed with the petition.

(5) Notice.-Notice of the filing of the petition for naturalization and the approximate date for final hearing thereon, together with the names of witnesses, must be posted for at least 90 days prior to the final hearing.

(6) Proof. The death of the husband must be established, and his declaration of intention or a certified copy thereof must be presented, in addition to the facts necessary to be established, as set out in paragraph 6 of requirements applicable to aliens generally.

(7) Witnesses. Two witnesses, citizens of the United States, in addition to the petitioner, are required to prove facts as to residence, moral character, and attachment to the principles of the Constitution.

(8) Oath of Allegiance.-Must be taken in open court before admission to citizenship.

(9) Certificate of Naturalization.-Issued only when all of the foregoing requirements are met, and after the final order has been signed by the presiding judge.

7. Same; Wife and Minor Children of an Insane Declarant

(1) Age.-Wife must be 21 years of age at time of filing petition for naturalization.

(2) Declaration of Intention.-None required of wife, but she must make proof of the declaration of intention made by the husband.

(3) Petition for Naturalization.-Not less than two nor more than seven years after the date of the declaration of intention of the insane husband, must make and file petition for naturalization in proper form in proper court.

(4) Certificate of Arrival.-If wife and children arrived in the United States after the 29th day of June, 1906, a certificate from the Department of Labor stating the date, place, and manner of arrival in the United States, must be filed with the petition.

(5) Notice.-Notice of the filing of the petition for naturalization and the approximate date for final hearing thereon, together with the names of witnesses, must be posted for at least 90 days prior to the final hearing.

(6) Proof. The facts that husband made declaration of intention, that subsequently thereto he became insane, and that the wife thereafter made a homestead entry under the land laws of the United States, must be satisfactorily established, in addition to proof of the facts set forth in paragraph 6 of the requirements applicable to aliens generally.

(7) Witnesses.-Two witnesses, citizens of the United States, in addition to the petitioner, are required to prove facts as to residence, moral character, and attachment to the principles of the Constitution.

(8) Oath of Allegiance.-Must be taken in open court before admission to citizenship.

(9) Certificate of Naturalization.-Issued only when all of the foregoing requirements are met, and after the final order has been signed by the presiding judge.

8. Same; An Alien Erroneously Exercising Rights of Citizenship Because of Misinformation Concerning His Citizenship Status

(1) Age. Must have been 21 years of age at least on July 1, 1914.

(2) Declaration of Intention.-None required.

(3) Residence.-Must have resided uninterruptedly within the United States during the period of five years next preceding July 1, 1914.

(4) Petition for Naturalization. Must file petition for naturalization in proper form under oath in the court of the district wherein he then resides.

(5) Certificate of Arrival.-If he arrived in the United States after the 29th day of June, 1906, he must file with the petition for naturalization a certificate from the Department of Labor, stating the date, place, and manner of his arrival in the United States.

(6) Notice. Notice of the filing of the petition for naturalization and the approximate date for final hearing thereon, together with the names of witnesses, must be posted for at least 90 days prior to the final hearings.

(7) Proof. He must establish to the satisfaction of the court (1) that he has resided uninterruptedly within the United States during the period of five years next preceding July 1, 1914; (2) that he has behaved as a man 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 same; (3) that he is not an anarchist or a polygamist; (4) that, being physically able to do so, he can speak the English language; (5) that on July 1, 1914, he was qualified to become a citizen of the United States except that he had not made a declaration of intention; and (6) that during the five years preceding July 1, 1914, or prior to that time, because of misinformation regarding his citizenship status, he erroneously exercised the rights and performed the duties of a citizen of the United States in good faith.

(8) Witnesses. In addition to his own oath, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution is required.

(9) Oath of Allegiance.-Must be taken in open court before he is admitted to citizenship.

(10) Certificate of Naturalization.-Issued only when all the foregoing requirements are met and after the final order has been signed by the presiding judge.

9. Same; Aliens Serving in the Armies of the United States Prior to January 1, 1900

(1) Age.-Must be 21 years of age.

(2) Enlistment.-Must have enlisted in the armies of the United States, either Regular or Volunteer forces, prior to January 1, 1900.

(3) Discharge.-Must have honorable discharge.

(4) Declaration of Intention.-None required.

(5) Residence.-Must have resided within the United States at least one year prior to filing of petition for naturalization.

(6) Petition for Naturalization.-Must file petition for naturalization in proper form under oath in the court of the district wherein he resides.

(7) Notice.-Notice of the filing of the petition for naturalization and the approximate date for final hearing must be posted for at least 90 days prior to the final hearing.

(8) Proof Necessary. He must establish to the satisfaction of the court (a) that for at least one year previous to filing his petition for naturalization he resided within the United States; (b) that during that time he behaved as a man 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 same; (c) that he is not an anarchist or a polygamist; (d) that, being physically able to do so, he can speak the English language; and (e) that he was honorably discharged from the service of the United States.

(9) Witnesses.-Two witnesses, citizens of the United States, in addition to the petitioner, are required to prove facts as to residence, moral character, and attachment to the principles of the Constitution.

(10) Oath of Allegiance.-Must be taken in open court before he is admitted to citizenship.

(11) Certificate of Naturalization.-Issued only when all the foregoing requirements are met, and after the final order has been signed by the presiding judge.

10. Same; Filipinos

(1) Age.-Must be at least 21 years of age.

(2) Nativity. Must have been born in the Philippine Islands.

(3) Declaration of Intention.-Declaration of intention necessary.

(4) Enlistment. Must have enlisted in the United States Navy, Marine Corps, or the Naval Auxiliary Service.

(5) Period of Service.-Must have served in either of the branches referred to in paragraph 4 hereof for a period not less than three years.

(6) Discharge.-Must have honorable discharge or an ordinary discharge with recommendation for reenlistment.

(7) Certificate of Arrival.-Certificate of arrival required, unless alien is actually in the naval service of the United States.

(8) Petition for Naturalization.-Not less than two nor more than seven years after date of declaration of intention he must file petition for naturalization. (9) Notice.-Notice of the filing of the petition not required.

(10) Court.-Petition for naturalization may be filed in most convenient court, provided paragraph 11 hereof is complied with.

(11) Preliminary Examination.-The applicant must appear with his two witnesses before a representative of the Bureau of Naturalization, and, if he passes the preliminary examination, proof of the five years' residence within the United States will be waived, if it is shown that such residence cannot be established. The petition for naturalization may then be filed in the most convenient court.

(12) Hearing. May be had upon filing of petition, provided paragraph 11 hereof is complied with.

« ՆախորդըՇարունակել »