US (United States) Code. Title 8. Chapter 9: Miscellaneous provisions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Aliens and nationality

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8 USC CHAPTER 9 - MISCELLANEOUS PROVISIONS 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 9 - MISCELLANEOUS PROVISIONS

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CHAPTER 9 - MISCELLANEOUS PROVISIONS

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8 USC Sec. 351 to 416 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 9 - MISCELLANEOUS PROVISIONS

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Sec. 351 to 416. Repealed or transferred

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These sections, relating to naturalization, were in large degree

affected by the Nationality Act of 1940, former section 501 et seq.

of this title. That act was passed on Oct. 14, 1940, to

consolidate and restate the laws of the United States regarding

citizenship, naturalization, and expatriation, and, in addition to

certain specific repeals thereby, all acts or parts of acts in

conflict with its provisions were repealed by former section 904 of

this title. See notes below for history of individual sections.

Sections 351 to 354, relating to Bureau of Naturalization, were

repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 54

Stat. 1172. Sections 351 to 353 were from act June 29, 1906, ch.

3592, Sec. 1, 34 Stat. 596, and section 354 was from act May 9,

1918, ch. 69, Sec. 1, 40 Stat. 544. See section 1443 of this

title. See also section 1551 et seq. of this title for general

provisions relating to Immigration and Naturalization Service.

Section 355, relating to reports of expenditures of Bureau of

Naturalization, was repealed by act May 29, 1928, ch. 901, Sec. 1,

45 Stat. 994. It was from act Mar. 4, 1909, ch. 299, Sec. 1, 35

Stat. 982.

Sections 356 to 358a were repealed by act Oct. 14, 1940, ch. 876,

title I, subch. V, Sec. 504, 54 Stat. 1172. Section 356, relating

to regulations for execution of naturalization laws and use of

copies of papers in evidence, was from acts June 29, 1906, ch.

3592, Sec. 28, 34 Stat. 606, and Mar. 2, 1929, ch. 536, Sec. 8, 45

Stat. 1515; see section 1443 of this title. Section 356a, relating

to quarters for photographic studio in New York City, was from act

May 25, 1932, ch. 203, Sec. 9, 47 Stat. 166; see section 1443(g) of

this title. Sections 357 (from act June 29, 1906, ch. 3592, Sec.

3, 34 Stat. 596, as amended Mar. 3, 1911, ch. 231, Sec. 289, 36

Stat. 1167; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; June 25,

1936, ch. 804, 49 Stat. 1921), 358 (from act Mar. 2, 1917, ch. 145,

Sec. 41, 39 Stat. 965), and 358a (from act Feb. 25, 1927, ch. 192,

Sec. 4, 44 Stat. 1235), related to jurisdiction of naturalization

courts; see section 1421 of this title.

Section 359, relating to racial limitation of naturalization, was

from R.S. Sec. 2169 (revised from act July 14, 1870, ch. 254, Sec.

7, 16 Stat. 256), and acts Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat.

318; May 9, 1918, ch. 69, Sec. 2, 40 Stat. 547. According to a

communication of Jan. 8, 1943, the Immigration and Naturalization

Service stated that it was the opinion of that office that said

section 359 was superseded by former section 703 of this title.

See section 1422 of this title.

Section 360, relating to admission of persons not citizens owing

permanent allegiance to the United States, was repealed by act Oct.

14, 1940, ch. 876, title I, subch. V, 54 Stat. 1172. It was from

act June 29, 1906, ch. 3592, Sec. 30, 34 Stat. 606. See section

1436 of this title.

Section 361, relating to period of residence required for

citizenship, was repealed by act Mar. 2, 1929, ch. 536, 45 Stat.

1514. It was from R.S. Sec. 2170, which was revised from act Mar.

3, 1813, ch. 42, Sec. 12, 2 Stat. 811. See section 1427 of this

title.

Section 362, forbidding naturalization of citizens within thirty

days preceding a general election, was repealed by act Oct. 14,

1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was

from act June 29, 1906, ch. 3592, Sec. 6, 34 Stat. 598. See section

1447(c) of this title.

Section 363, making Chinese inadmissible to citizenship, was

repealed by act Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600. It

was from act May 6, 1882, ch. 126, Sec. 14, 22 Stat. 61.

Sections 364 to 366a, relating to persons inadmissible to

citizenship, were repealed by act Oct. 14, 1940, ch. 876. title I,

subch. V, Sec. 504, 54 Stat. 1172. Sections 364 and 365 were from

act June 29, 1906, ch. 3592, Sec. 7, 8, respectively, 34 Stat. 598,

599; see sections 1424 and 1423, respectively, of this title.

Section 366 was from acts May 18, 1917, ch. 15, Sec. 2, 40 Stat.

77; July 9, 1918, ch. 143, Sec. 4, 40 Stat. 885. Section 366a was

from act Feb. 11, 1931, ch. 118, 46 Stat. 1087.

Sections 367 to 368a, relating to naturalization of women, were

repealed by act Oct. 14, 1940, ch. 876. title I, subch. V, Sec.

504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411,

Sec. 1, 2, 3(c), respectively, 42 Stat. 1021, 1022, as amended Mar.

3, 1931, ch. 442, Sec. 4(a), 46 Stat 1511; May 17, 1932, ch. 190,

47 Stat. 158; May 24, 1934, ch. 344, Sec. 4, 48 Stat. 797. On the

subject of section 367 see section 1422 of this title, and on the

subject of 368, see section 1430 of this title.

Section 368b, relating to citizenship of women born in Hawaii

prior to June 14, 1900, was repealed by act June 27, 1952, ch. 477,

title IV, Sec. 403(a)(34), 66 Stat. 280. It was from acts July 2,

1932, ch. 395, 47 Stat. 571; July 1, 1940, ch. 495, 54 Stat. 707.

Sections 369 and 369a, relating to naturalization of women, were

repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec.

504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411,

Sec. 4, 3(b), respectively, 42 Stat. 1022, as amended July 3, 1930,

ch. 835, Sec. 2(a), 46 Stat. 854; Mar. 3, 1931, ch. 442, Sec. 4(a),

46 Stat. 1511. See section 1435(a) of this title.

Section 370, relating to naturalization of women married to

aliens ineligible to citizenship, was repealed by act Mar. 3, 1931,

ch. 442, Sec. 4(b), 46 Stat. 1512. It was from act Sept. 22, 1922,

ch. 411, Sec. 5, 42 Stat. 1022.

Section 371, relating to naturalization of wives and children of

aliens becoming insane after declaration of intention to become

citizens, was repealed by act May 24, 1934, ch. 344, Sec. 5, 48

Stat. 798, which provided that such repeal should ''not affect any

right or privilege or terminate any citizenship acquired under''

the section before its repeal. Section was from act Feb. 24, 1911,

ch. 151, 36 Stat. 929.

Sections 372 to 373 were repealed by act Oct. 14, 1940, ch. 876,

title I, subch. V, Sec. 504, 54 Stat. 1172. Section 372, relating

to procedure for naturalization, was from act June 29, 1906, ch.

3592, Sec. 4, 34 Stat. 596; see section 1421(d) of this title.

Section 372a, relating to naturalization of former citizens, was

from act Mar. 3, 1931, ch. 442, Sec. 3, 46 Stat. 1511. Section 373,

relating to declaration of intention to become citizen, was from

acts June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 596; Mar. 4, 1929,

ch. 683, Sec. 1, 45 Stat. 1545; June 20, 1939, ch. 224, Sec. 1, 53

Stat. 843; see section 1445(f) of this title.

Section 374, making it unlawful to make a declaration of

intention on election day, was repealed by act May 25, 1926, ch.

388, Sec. 1, 44 Stat. 652. It was from act June 29, 1906, ch. 3592,

Sec. 4(7), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 544.

Section 375, providing that declarations of intention should not

be required of widow or minor children of aliens dying after having

filed a declaration of intention, was repealed by act May 24, 1934,

ch. 344, Sec. 5, 48 Stat. 798, which provided that such repeal

should ''not affect any right or privilege or terminate any

citizenship acquired under'' the section before its repeal.

Section was from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 597.

Section 375a, act July 2, 1940, ch. 512, Sec. 1, 2, 54 Stat. 715,

relating to exemption from declaration of intention and filing of

petition by children spending childhood in United States, was

repealed by act June 27, 1952, ch. 477, title IV, Sec. 403(a)(40),

66 Stat. 280.

Section 376, providing that alien seamen declarants should be

deemed citizens for purposes of protection, was repealed by act

June 15, 1935, ch. 255, Sec. 1, 49 Stat. 376. It was from act June

29, 1906, ch. 3592, Sec. 4(8), as added May 9, 1918, ch. 69, Sec.

1, 40 Stat. 544.

Section 377, authorizing naturalization of certain aliens

erroneously exercising rights and duties of citizenship prior to

July 1, 1920, was repealed by act Oct. 14, 1940, ch. 876, title I,

subch. V, Sec. 504, 54 Stat. 1172. It was from act June 29, 1906,

ch. 3592, Sec. 4(10), as added May 9, 1918, ch. 69, Sec. 1, 40

Stat. 545, and amended May 25, 1932, ch. 203, Sec. 10, 47 Stat.

166.

Section 377a, related to naturalization of inhabitants of Virgin

Islands. It was from acts Feb. 25, 1927, ch. 192, Sec. 2, 44 Stat.

1234; May 17, 1932, ch. 190, 47 Stat. 158.

Sections 377b to 382c were repealed by act Oct. 14, 1940, ch.

876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 377b,

requiring lawful entry and certificate of arrival as prerequisite

to declaration of intention, was from acts Mar. 2, 1929, ch. 536,

Sec. 4, 45 Stat. 1513; May 25, 1932, ch. 203, Sec. 6, 47 Stat. 166;

similar provisions were contained in former section 729(b) of this

title. Section 377c, relating to photographs of aliens seeking to

become citizens, was from act June 29, 1906, ch. 3592, Sec. 36, as

added Mar. 2, 1929, ch. 536, Sec. 9, 45 Stat. 1516; see section

1444 of this title. Section 378, enumerating conditions under

which alien enemies could be naturalized, was from act June 29,

1906, ch. 3592, Sec. 4(11), as added May 9, 1918, ch. 69, Sec. 1,

40 Stat. 545; see section 1442 of this title. Section 379,

relating to petitions for naturalization, was from act June 29,

1906, ch. 3592, Sec. 4, 34 Stat. 596, as amended Mar. 2, 1929, ch.

536, Sec. 6(a), 45 Stat. 1513; June 20, 1939, ch. 224, Sec. 2, 53

Stat. 843; see sections 1445 and 1446(f) of this title. Section

380, providing that certificate of arrival and declaration of

intention should be made a part of petition for naturalization was

from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 596; see section

1445(a), (b) of this title. Section 380a, relating to fees for

issuance of certificates of arrival, was from acts Mar. 2, 1929,

ch. 536, Sec. 5, 45 Stat. 1513; Apr. 19, 1934, ch. 154, Sec. 3, 48

Stat. 597; see section 1455(a)(2) of this title. Section 380b,

defining county as used in former sections 379, 382, and 388 of

this title, was from act June 29, 1906, ch. 3592, Sec. 35, as added

Mar. 2, 1929, ch. 536, Sec. 9, 45 Stat. 1516, and amended May 17,

1932, ch. 190, 47 Stat. 158. Sections 381 and 382(c), relating to

oaths of aliens admitted to citizenship and certain prerequisites

to admission, respectively, were from acts June 29, 1906, ch. 3592,

Sec. 4, 34 Stat. 596; Mar. 2, 1929, ch. 536, Sec. 6b, 45 Stat.

1513; June 25, 1936, ch. 811, Sec. 1, 49 Stat. 1925; June 29, 1938,

ch. 819, 52 Stat. 1247; June 20, 1939, ch. 224, Sec. 3, 53 Stat.

844; on the subject of section 381 see section 1448 of this title;

and on the subject of section 382 see sections 1427, 1430(b) and

1446(g) of this title. Sections 382a, relating to absence from

country as affecting continuity of residence for purpose of

naturalization, was from act June 25, 1936, ch. 811, Sec. 2, 49

Stat. 1925; see section 1427(c) of this title. Sections 382b and

382c, relating to temporary absences of clergymen as affecting

continuity of residence, were from act Aug. 9, 1939, ch. 610, Sec.

1, 2, respectively, 53 Stat. 1273; see sections 1428 and 1443(a),

respectively, of this title.

Section 383, relating to proof of residence by deposition, was

repealed by act Mar. 2, 1929, ch. 536, Sec. 6(e), 45 Stat. 1514. It

was from act June 29, 1906, ch. 3592, Sec. 10, 34 Stat. 599.

Section 384, relating to residence of aliens serving on vessels

of foreign registry, was repealed by act Oct. 14, 1940, ch. 876,

title I, subch. V, Sec. 504, 54 Stat. 1172. It was from act June

29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch. 69, Sec.

1, 40 Stat. 544; amended May 25, 1932, ch. 203, Sec. 3, 47 Stat.

165. See section 1441(a)(2) of this title.

Section 385, related to validation of Hawaiian jurisdiction

exercised prior to Sept. 27, 1906. It was from acts Apr. 30, 1900,

ch. 339, Sec. 100, 31 Stat. 161; May 27, 1910, ch. 258, Sec. 9, 36

Stat. 448; Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54

Stat. 1172.

Sections 386 to 389 were repealed by act Oct. 14, 1940, ch. 876,

title I, subch. V, Sec. 504, 54 Stat. 1172. Section 386, providing

for the renunciation of titles of nobility by aliens seeking

citizenship, was from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat.

596; see section 1448(b) of this title. Section 387, relating to

reimbursement for publication of citizenship textbooks, was from

act June 29, 1906, ch. 3592, Sec. 4(9), as added May 9, 1918, ch.

69, Sec. 1, 40 Stat. 544; see sections 1443 (b) and 1457 of this

title. Section 388, relating to residence requirements for certain

Filipinos and Puerto Ricans serving in military service, was from

act June 29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch.

69, Sec. 1, 40 Stat. 542; June 4, 1920, ch. 227, Sec. 30, 41 Stat.

776; Mar. 2, 1929, ch. 536, Sec. 6(c), (d), 45 Stat. 1514; May 17,

1932, ch. 190, 47 Stat. 158; May 25, 1932, ch. 203, Sec. 2(a), 47

Stat. 165; July 30, 1937, ch. 545, Sec. 3, 50 Stat. 548; see

sections 1427, 1439, and 1441(a)(1) of this title. Section 389,

relating to residence of aliens conditionally serving in military

services after honorable discharge, was from act June 29, 1906, ch.

3592, Sec. 4(7), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat.

542.

Section 389a, relating to naturalization of alien veterans of

World War I, was repealed by act June 27, 1952, ch. 477, title IV,

Sec. 403(a)(37), 66 Stat. 280. It was from act Aug. 19, 1937, ch.

698, Sec. 2, as added Aug. 16, 1940, ch. 684, 54 Stat. 789.

Sections 390 to 392, relating to naturalization of alien veterans

of World War I, were repealed by act Oct. 14, 1940, ch. 876, title

I, subch. V, Sec. 504, 54 Stat. 1172. They were from act June 29,

1906, ch. 3592, Sec. 4(7), 4(13), and 4(7), respectively, as added

May 19, 1918, ch. 69, Sec. 1, 40 Stat. 542 to 544. See section 1439

of this title.

Sections 392a to 392d related to naturalization of alien veterans

of World War I. Sections 392b to 392d were repealed by act Oct. 11,

1940, ch. 876 title I, subch. V, Sec. 504, 54 Stat. 1172. Section

392a was from acts May 26, 1926, ch. 398, Sec. 7, 44 Stat. 655;

Mar. 4, 1929, ch. 683, Sec. 3, 45 Stat. 1546. Sections 392b to 392d

were from acts May 25, 1932, ch. 203, Sec. 1, 47 Stat. 165; Ex.

Ord. No. 6166, Sec. 14, June 10, 1933; June 24, 1935, ch. 288, Sec.

1 to 3, 49 Stat. 395; Aug. 23, 1937, ch. 735, Sec. 1 to 3, 50 Stat.

743, 744; June 21, 1939, ch, 234, Sec. 1 to 3, 53 Stat. 851.

Sections 392e to 398 were repealed by act Oct. 14, 1940, ch. 876,

title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 392e to 392g,

relating to naturalization of alien veterans of World War I

formerly ineligible because of race, were from act June 24, 1935,

ch. 290, Sec. 1-3, respectively, 49 Stat. 397, 398. Sections 393 to

395, relating to naturalization of alien veterans, were from act

June 29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch. 69,

Sec. 1, 2, 40 Stat. 543; see sections 1439 and 1441(a)(1) of this

title. Sections 396 to 398, relating to time of filing petition,

subpoena of witnesses, and final hearings on petitions,

respectively, were from act June 29, 1906, ch. 3592, Sec. 6, 5, 9,

respectively, 34 Stat. 598, 599, as amended Mar. 3, 1931, ch. 442,

Sec. 1, 2, 46 Stat. 1511; see sections 1445(c) and 1447(a), (e) of

this title.

Section 398a, act May 3, 1940, ch. 183, Sec. 2, 54 Stat. 178,

related to patriotic address to new citizens. See section 1448a of

this title.

Sections 399 to 402 were repealed by act Oct. 14, 1940, ch. 876,

title I, subch. V, Sec. 504, 54 Stat. 1172. Section 399,

authorizing the United States to appear and oppose the right of

aliens to naturalization, was from act June 29, 1906, ch. 3592,

Sec. 11, 34 Stat. 599; see section 1447 of this title. Section

399a, relating to preliminary examination of petitioners for

naturalization, was from act June 8, 1926, ch. 502, 44 Stat. 709;

see sections 1446 and 1447 of this title. Sections 399b to 399d,

relating to certificates of citizenship, were from acts June 29,

1906, ch. 3592, Sec. 32 to 34, respectively, as added Mar. 2, 1929,

ch. 536, Sec. 9, 45 Stat. 1515; amended May 25, 1932, ch. 203, Sec.

4, 5, 47 Stat. 165; Apr. 19, 1934, ch. 154, Sec. 2, 4, 48 Stat.

597; see sections 1452, 1454 and 1455(g) of this title. Section

399e, relating to annual reports of Commissioner of Immigration,

was from act Mar. 2, 1929, ch. 536, Sec. 10, 45 Stat. 1516; see

section 1458 of this title. Section 399f, relating to counsel fees

in naturalization proceedings, was from act Apr. 19, 1934, ch. 154,

Sec. 5, 48 Stat. 598; see section 1455 of this title. Sections 400

to 402, relating to clerks of naturalization courts and their fees

and clerical assistants, were from acts June 29, 1906, ch. 3592,

Sec. 12, 13, 34 Stat. 599, as amended June 25, 1910, ch. 401, Sec.

1, 36 Stat. 829; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; June

12, 1917, ch. 27, Sec. 1, 40 Stat. 171; Feb. 26, 1919, ch. 49, Sec.

1, 2, 40 Stat. 1182; Feb. 11, 1921, ch. 46, 41 Stat. 1099; Mar. 4,

1921, ch. 161, Sec. 1, 41 Stat. 1412; June 10, 1921, ch. 18, Sec.

304, 42 Stat. 24; Mar. 2, 1929, ch. 536, Sec. 7(a), 45 Stat. 1514;

and Apr. 19, 1934, ch. 154, Sec. 1, 48 Stat. 597; see sections

1450(a)-(d), 1455, and 1459(b), (c) of this title.

Section 402a, related to disposition of fees received by clerks

of courts. It was from act Mar. 2, 1929, ch. 536, Sec. 7(b), 45

Stat. 1515; Ex. Ord. No. 6166, Sec. 14, June 10, 1933. See section

1455(e) of this title.

Sections 403 to 405 were repealed by act Oct. 14, 1940, ch. 876,

title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 403 and 404,

relating to fees collectible from alien soldiers, and to recording

declarations and petitions, respectively, were from act June 29,

1906, ch. 3592, Sec. 4(7), 14, respectively, 34 Stat. 601, as

amended May 9, 1918, ch. 69, Sec. 1 40 Stat. 544; see sections

1450(e) and 1455(h) of this title. Section 405, relating to

cancellation of certificates of citizenship, was from acts June 29,

1906, ch. 3592, Sec. 15, 34 Stat. 601; May 9, 1918, ch. 69, Sec. 1,

40 Stat. 544; see section 1451 of this title.

Sections 406 and 407 validated certain certificates of

naturalization. They were from acts May 9, 1918, ch. 69, Sec. 3,

40 Stat. 548, and June 29, 1906, ch. 3624, Sec. 1, 34 Stat. 630,

respectively.

Sections 408 to 415 were repealed by act Oct. 14, 1940, ch. 876,

title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 408 and 409,

relating to naturalization forms, were from act June 29, 1906, ch.

3592, Sec. 3, 27, respectively, 34 Stat. 596, 603; Mar. 4, 1913,

ch. 141, Sec. 3, 37 Stat. 737; May 9, 1918, ch. 69, Sec. 3, 40

Stat. 548; on the subject of section 408 see sections 1421(c) and

1443(c) of this title, and on the subject of section 409 see

sections 1445(a)-(d), (f), and 1449 of this title. Sections 410 to

415, relating to the punishment of crimes in connection with the

naturalization of aliens, were from act June 29, 1906, ch. 3592,

Sec. 18, 20-24, respectively, 34 Stat. 602, 603; present provisions

are contained in sections 1451(a), (b), (d), (e), (g)-(i) and 1459

of this title and sections 911, 1015, 1421-1429, 1719 and 3282 of

Title 18, Crimes and Criminal Procedure.

Section 416, authorizing punishment of offenses against

naturalization laws committed prior to May 9, 1918, under laws then

in effect but since repealed, was repealed by act Oct. 14, 1940,

ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was from

act May 9, 1918, ch. 69, Sec. 2, 40 Stat. 547. See note set out

under section 1101 of this title.

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