Chapter 536. To supplement the naturalization laws, and for other purposes March 2, 1929.[[H
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Chap. 536: To supplement the naturalization laws, and for other purposes 1929-03-02 536 Chapter 45 Stat. 1512 70 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 public Chapter 536.— An Act To supplement the naturalization laws, and for other purposes March 2, 1929.[[H. R. 349](/us/bill/70/hr/349).][[Public, No. 962](/us/pl/70/962).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Naturalization. That
(a)the registry of aliens at ports of entry required by section 1 of the Act of June 151329, 1906 (Thirty-fourth Statutes at Large, part 1, page 596), asAliens having no record of admission for permanent residence may be registered.Vol. 34, p. 596. amended, may be made as to any alien not ineligible to citizenship in whose case there is no record of admission for permanent residence, if such alien shall make a satisfactory showing to the Commissioner General of Immigration, in accordance with regulations prescribed by the Commissioner General of Immigration, with the approval of theRequirements. Secretary of Labor, that he—
(1)Entered the United States prior to June 3, 1921;
(2)Has resided in the United States continuously since such entry;
(3)Is a person of good moral character; and
(4)Is not subject to deportation.
(b)For each such record of registry made as herein authorizedFee for registry. the alien shall pay to the Commissioner General of Immigration a fee of $20. All fees collected under this section shall be deposited in the Treasury as miscellaneous receipts.
(c)The provisions of section 76 of the Act entitled “An Act toPunishment for false oaths, etc., in citizenship applications, made applicable.Vol. 35, p. 1102. codify, revise, and amend the penal laws of the United States,” approved March 4, 1909, shall apply in respect of the record of registry authorized by this section in the same manner and to the same extent, including penalties, as they apply in respect of the oaths, notices, affidavits, certificates, orders, records, signatures, and other instruments, papers, or proceedings specified in such section 76. Sec. 2. Upon the making of a record of registry as authorized byCertificate of arrival to be issued when record of registry made.Vol. 34, p. 597. section 1 of this Act, the certificate of arrival required by the fourth paragraph of the second subdivision of section 4 of such Act of June 29, 1906, as amended, may be issued upon application to the Commissioner of Naturalization, in accordance with regulations prescribed by the Commissioner of Naturalization, with the approval of the Secretary of Labor, and upon payment of the fee prescribed byFee prescribed. section 5 of this Act. Sec. 3. For the purposes of the immigration laws and the naturalizationLawful admission deemed on record of registry. laws an alien, in respect of whom a record of registry has been made as authorized by section 1 of this Act, shall be deemed to have been lawfully admitted to the United States for permanent residence as of the date of his entry. Sec. 4. No declaration of intention shall be made by any alien underDeclaration of intention requires permanent residence established, and arrival certificate. such Act of June 29, 1906, as amended, or, if made, be valid, until the lawful entry for permanent residence of such alien shall have been established, and a certificate showing the date, place, and manner of his arrival shall have been issued. Sec. 5. For any certificate of arrival issued for naturalization purposesFee for certificate. a fee of $5 shall be paid to the Commissioner of Naturalization, which fee shall be paid over to and deposited in the Treasury in the same manner as other naturalization fees. Sec. 6.
(a)The third paragraph of the second subdivision of sectionVol. 34, p. 597, amended. 4 of such Act of June 29, 1906, as amended, is amended to read as follows: " “As to each period of residence at any place in the county whereEvidence as to residence, etc., from personal witnesses. the petitioner resides at the time of filing his petition, there shall be included in the petition the affidavits of at least two credible witnesses, citizens of the United States, stating that each has personally known the petitioner to have been a resident at such place for such period, and that the petitioner is and during all such period has been a person of good moral character.” "
(b)The fourth subdivision of section 4 of such Act of June 29,Vol. 34, p. 598, amended. 1906, as amended, is amended to read as follows: " “Fourth. No alien shall be admitted to citizenship unless
(1)immediatelyEvidence of continuous residence preceding date of petition required. preceding the date of his petition the alien has resided continuously within the United States for at least five years and within 1514the county where the petitioner resided at the time of filing his From date of petition to admission to citizenship.Personal qualification.petition for at least six months,
(2)he has resided continuously within the United States from the date of his petition up to the time of his admission to citizenship, and
(3)during all the periods referred to in this subdivision he has behaved as a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness At hearings, oral testimony of citizens to prove residence, etc., required.of the United States. At the hearing of the petition, residence in the county where the petitioner resides at the time of filing his petition, and the other qualifications required by this subdivision during such residence, shall be proved by the oral testimony of at least two credible witnesses, citizens of the United States, in addition to the affidavits required by this Act to be included in the petition. If the petitioner has resided in two or more places in such county and for this reason two witnesses can not be procured to testify as to all such residence, it may be proved by the oral testimony of two such witnesses for each such place of residence, in addition to the affidavits required by this Act to be included in the petition. At the hearing, residence within the United States but outside the county, and the other qualifications required by this subdivision during such residence shall be proved either by depositions made before a naturalization examiner or by the oral testimony of at least two such witnesses for each place of residence. Effect of returning to country of allegiance by petitioner for citizenship.“If an individual returns to the country of his allegiance and remains therein for a continuous period of more than six months and less than one year during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship, the continuity of such residence shall be presumed to be broken, but such presumption may be overcome by the presentation of satisfactory evidence that such individual had a reasonable cause for not returning to the United States prior to the expiration of such six months. Absence from the United States for a continuous period of one year or more during the period immediately preceding the date of filing the petition for citizenship for which continuous residence is required as a condition precedent to admission to citizenship shall break the continuity of such residence.” "
(c)Residence not required of seamen on American vessels.Vol. 40, p. 542, amended. So much of the seventh subdivision of section 4 of such Act of June 29, 1906, as amended, as reads “or for three years on board of merchant or fishing vessels of the United States of more than twenty tons burden” is amended to read as follows: “or for three years on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels.”
(d)Naturalized, without proofs of residence.Vol. 40, p. 542, amended. So much of such subdivision as reads “without proof of the required five years’ residence within the United States if upon examination by the representative of the Bureau of Naturalization, in accordance with the requirements of this subdivision it is shown that such residence can not be established” is amended to read as follows: “and may be naturalized without complying with the Requirements repealed.Vol. 34, p. 599, repealed.requirements of residence within the United States and within the county.”
(e)[R. S., sec. 2170, p. 350](/us/rs/s2170/p350), repealed. Section 10 of such Act of June 29, 1906, as amended, and section 2170 of the Revised Statutes, are repealed. Sec. 7. Fees.Vol. 34, p. 600, amended.
(a)The second and third paragraphs of section 13 of such Act of June 29, 1906, as amended, are amended to read as follows: " “(1) Declaration. For receiving and filing a declaration of intention and issuing a duplicate thereof, $5; “(2) Petition, certificate, etc. For making, filing, and docketing a petition for citizenship, and issuing a certificate of citizenship if the issuance of such certifi-1515cate is authorized by the court, and for the final hearing on the petition, $10.” "
(b)Notwithstanding the provisions of section 9 of the Act entitledNaturalization fees to be paid over to Naturalization Bureau by clerks of courts.Vol. 40, p. 1182. “An Act to fix the salaries of the clerks of the United States district courts and to provide for their office expenses, and for other purposes,” approved February 26, 1919, as amended, all fees received by the clerks of court to which such section applies for services rendered in naturalization proceedings shall be paid over to the Bureau of Naturalization within thirty days from the close of each quarter in each fiscal year and the moneys so received shall be disposed of in the same manner as provided in section 13 of such ActVol. 34, p. 600. of June 29, 1906, as amended. Sec. 8. The first sentence of section 28 of such Act of June 29,Vol. 34, p. 606, amended. 1906, as amended, is amended to read as follows: " “The Commissioner of Naturalization, with the approval of theCommissioner to make necessary rules, etc. Secretary of Labor, shall make such rifles and regulations and such changes in the forms prescribed by section 27 of this Act as may be necessary to carry into effect the provisions of the naturalization laws.” " Sec. 9. Such Act of June 29, 1906, as amended, is amended byNew matter.Vol. 34, p. 607, amended. adding at the end thereof the following: " “Sec. 32.
(a)If any certificate of citizenship issued to any citizen,Issue of new certificates, etc., for those that are lost, etc. or any declaration of intention furnished to any declarant, under the naturalization laws, is lost, mutilated, or destroyed, the citizen or declarant may, upon the payment to the commissioner of a fee of $10, make application (accompanied by two photographs of the applicant) to the Commissioner of Naturalization for a new certificate or declaration. If the commissioner finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration with one of such photographs of the applicant affixed thereto. “(b) Upon payment to the Commissioner of Naturalization of aSpecial certificates of citizenship for naturalized citizens for use in country of former allegiance. fee of $10, the commissioner shall issue, for any naturalized citizen, a special certificate of citizenship, with a photograph (furnished by such citizen) affixed thereto, for use by such citizen only for the purpose of obtaining recognition as a citizen of the United States by the country of former allegiance of such citizen. Such certificate,Transmission to authority in that country. when issued, shall be furnished to the Secretary of State for transmission by him to the proper authority in such country of former allegiance. “Sec. 33.
(a)Any individual over twenty-one years of age whoApplication for certificate through naturalization of parent, etc. claims to have derived United States citizenship through the naturalization of a parent, or a husband, may, upon the payment of a fee of $10, make application to the Commissioner of Naturalization, accompanied by two photographs of the applicant, for a certificate of citizenship. Upon obtaining a certificate from the Secretary ofIssue on proof of claim. Labor showing the date, place, and manner of arrival in the United States, upon proof to the satisfaction of the commissioner that the applicant is a citizen and that the alleged citizenship was derived as claimed, and upon taking and subscribing to, before a designated representative of the Bureau of Naturalization within the United States, the oath of allegiance required by the naturalization laws of a petitioner for citizenship, such individual shall be furnished a certificate of citizenship by the commissioner, but only if such individual is at the time within the United States. In all courts, tribunals,Legal effect, etc. and public offices of the United States, at home and abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States, the certificate of citizenship issued under this section shall have the same effect as a certificate of citizenship issued by a court having naturalization jurisdiction. 1516 “(b) Acts punishable.Unlawful issue of certificate.Collecting, etc., unauthorized fees. Any person who
(1)knowingly issues or is a party to the issuance under this section of a certificate of citizenship not authorized by the provisions of this section; or
(2)demands, charges, collects, or receives any other or additional fees or moneys under this Certifying, untruthfully, personal appearance of signer of affidavit, etc.section except the fees and moneys herein specified; or
(3)knowingly certifies that an applicant, affiant, or witness named in an affidavit, application, or certificate of citizenship or other paper or writing required to be executed under the provisions of this section, personally appeared before him, and was sworn thereto or acknowledged the execution thereof or signed the same when in fact such petitioner, affiant, or witness did not personally appear before him or was not sworn thereto, or did not execute the same, or did not acknowledge Procuring certificate unlawfully.the execution thereof; or
(4)procures a certificate of citizenship under this section, knowing or having reason to believe that he is Punishment for.not entitled thereto, shall be guilty of a felony and on conviction thereof shall be fined not more than $5,000, or imprisoned not more than five years, or both. “(c) Punishment for citizenship and naturalization offenses made applicable. The provisions of sections 74 to 81, inclusive, of the Act entitled “An Act to codify, revise, and amend the penal laws of the United States,” approved March 4, 1909, shall apply in respect of Vol. 35, pp. 1102,1103.proceedings and certificates of citizenship under this section in the same manner and to the same extent, including penalties, as they apply in respect of proceedings and certificates of citizenship under the naturalization laws. “Sec. 34. Deposit of fees. Fees collected by the Commissioner of Naturalization under the two preceding sections shall be paid over to and deposited in the Treasury and accounted for by the commissioner to the General Accounting Office in the same manner as other naturalization fees received by the Bureau of Naturalization. “Sec. 35. Extension of term “county.” When used in this Act the term ‘county’ includes parish in the State of Louisiana; any political subdivision of a State not included within any county; a division of the judicial district in the Territory of Alaska; the entire island in the case of Porto Rico; the entire territory comprised within the Virgin Islands in the case of the Virgin Islands; and the entire district in the case of the District of Columbia. “Sec. 36. Photographs to be furnished by applicants. Two photographs of himself shall be furnished by each applicant for a declaration of intention and by each petitioner for Affixing, etc.citizenship. One of such photographs shall be affixed by the clerk of the court to the declaration of intention issued to the declarant and one to the declaration of intention required to be forwarded to the Bureau of Naturalization; and one of such photographs shall be affixed to the certificate of citizenship issued to the naturalized citizen and one to the duplicate certificate of citizenship required to be forwarded to the Bureau of Naturalization.” " Sec. 10. Report of nationality of those seeking citizenship to be prepared. The Commissioner of Naturalization is authorized and directed to prepare from the records in the custody of the Bureau of Naturalization a report upon those heretofore seeking citizenship Details.to show by nationalities their relation to the numbers of annually arriving aliens and to the prevailing census populations of foreign born, their economic, vocational, and other classification, in statistical form, with analytical comment thereon, and to prepare such report annually thereafter. Sec. 11. Necessary sums authorized. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Sec. 12. Effective date. Sections 1 to 10, inclusive, of this Act shall take effect on July 1, 1929. The remainder of the Act shall take effect upon its enactment. Approved, March 2, 1929.
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Chapter 536
To supplement the naturalization laws, and for other purposes March 2, 1929.[[H
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