Nationality Act of 1940-Ch3 S301-322

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    54 STAT.] 76TH CONG., 3D SESS.-CH. 87B-OCT. 14, 1940 1141SEC. 305. No person shall hereafter be naturalized as a citizen ofthe United States-(a) 'Vho advises, advocates, or teaches, or who is a member of oraffiliated with any organization, association, society, or group thatadvises, advocates, or teaches opposi tion to al l organized govern-ment; or(b ) 'Vho believes in , advises, advocates, or teaches, or who is amember of or affiliated with any organization, association, society, orgroup that believes in, advises, advocates, or teaches-(1) the overthrow by :force or violence of the Government ofthe United States or o f all forms of law; or(2) the duty, necessity, or propriety of the unlawful assaultingor killing of any officer or officers (either of specific individuals orof officers generally) of the Government of the United States orany other organized government, because 0: his or their officialcharacter; or(3) the unlawful damage, injury, or destruction of property; or

    (4) sabotage.(c) Who writes, publishes, or causes to be written or published, orwho knowingly circulates, distributes, prints, or displays, or know-ingly causes to be circulated, distributed, printed, published, or dis-played, or who knowingly has in his possession fo r the purpose of cir-culation, distribution, publication, or display any wr it ten or printedmatter advising, advocating, or teaching opposition to all organizedgovernment or advising, advocating, or teaching-(1) the overthrow by force or violence of the Government of theUnited States or of all forms of law; o r '(2) the duty, necessity, or propr iety of the unlawful assaultingor killing of any officer or officers (either of specific individuals orof officers generally) 0: the Government of the United States orof any other organized government; or(3) the unlawful damage, injury, or destruction of property; Or(4) sabotage.(d) Who is a member of or affiliated with any organization, asso-ciation, society, or group that writes, circulates, distributes, prints,publishes, or displays, or causes to be written, circulated, distributed,printed, published, or displayed, or that has in its possession :01' thepurpose of circulation, distribution, publication, issue, or display,any written or printed matter of the character described in sub-division (c).For the purpose of this section-(1) the giving, loaning, or promising of money or anythingof value to be used for the advising, advocacy, or teaching of anydoctrine above enumerated shall constitute the advising, advocacy,or teaching of such doctrine; and(2) the giving, loaning, or promising of money or anything ofvalue to any organization, association, society, or group 0: thecharacter above described shall constitute affiliation therewith;but nothing in this paragraph shall be taken as an exclusivedefinition of advising, advocacy, teaching or affiliation.The provisions of this section shaH be applicable to any applicantIor naturalization who at any time within a period of ten yearsimmediately preceding the filing of the petition fo r naturalization is,or has been, found to be ,,, ithin any of the clauses enumerated in thissection, notwithstanding that at the time petition is filed he may notbe included in such classes.

    SEC. 306. A person who, at any time during which the United Stateshas been or shall be at war, deserted or shall desert the military ornaval forces of the United States, or who, having duly enrolled,departed, or shall depart from the jurisdiction oi the district in which

    Persons ineligiblefor naturalization.Advising oppositionto all organized gov-ernment.

    Advocating overt hrow of u. S. Gov-ernment.etc.

    Publishing,etc.,cer-tainwrittenor printedIIUltter.

    Holding membership in certain organi-zations. etc.

    Definition of terms.

    Applicabilityofpro-visions.

    Ineligibility of convicted deserters.

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    1142 PUBLIC LAWS-CR. 876 -0CT. 14, 1940 [54 STaT.

    Residence and char-Bcwr requirements.

    Presumptionof bro-ken continuity ofresidence.

    Overcoming presumption.

    Absence from U. S.for designat-ed period.

    Absence from U. S.under U. S. employ-ment,ete.

    enrolled, or went or shall go beyond the limits of the United States,with intent to avoid any draft into the military or naval service, law-fully ordered, shall, upon conviction thereof by a court martial, beineligible to become a citizen of the United States; and such desertersshall be forever incapable of holding any office of trust or of profitunder the United States, or of exercising any r ights of citizensthereof.SEC. 307. (a ) No person, except as hereinafter provided in this Act1shall be naturalized unless such petitioner, (1) immediately precedingthe da te of filing petition for naturalizatIOn has resided continuouslywithin the United States for at least five years and within the Statein which the petitioner resided at the time of filing the petition forat least six months, (2) has resided continuously within the UnitedStates from the date of the petition up to the time of admission tocitizenship, and (3) during all the periods referred to in this sub-section has been and still is a person of good moral character, attachedto the principles of the Constitution of the United States, and welldisposed to the good order and happiness of the United States.(b) Absence from the United States for a continuous period ofmore than six months but less than one year during the period forwhich continuous residence is required for admission to CItizenship,immediately preceding the date of filing the petition for naturaliza-tion, or during the period between the date of filing the petition andthe date of final hearing, shall be presumed to break the continuity ofsuch residence, but such presumptlon may be overcome by the presen-tat ion of evidence satisfactory to the naturalization court that suchindividual had a reasonable cause for not sooner returning to theUnited States. Absence from the United States for a continuousperiod of one year or more during the period for which continuousresidence is required for admission to citizenship, immediately pre-ceding the date of filing the petition for naturalization or duringthe period between the date of filing the peti tion and the date of finalhearing, shall break the continuity of such residence, except that inthe case of an alien who has resided in the United States for at leastone year, during which period he has made a declaration of inten-tion to become a citizen of the Uni ted States, and who thereafter isemployed by or under contract with the Government of the UnitedStates or an American institution of research recognized as such bythe Attorney General, or is employed by an American firm or corpo-rat ion engaged in whole or in part in the development of foreigntrade and commerce of the United States or a subsidiary thereof,no period of absence from the United States shall break the continuityof residence i f -(1) Prior to the beginning of such period (whether such periodbegins before or after his departure from the United States) thealien has established to the satisfaction of the Attorney Generalthat his absence from the United States for such period i's to be onbehaH of such Government, or for the purpose of carrying on scien-tific research on behalf of such institution, or to be engaged in thedevelopment of such foreign trade and commerce or whose residenceabroad is necessary to the protection of the property rights in suchcountries of such firm or corporation, and(2) Such alien proves to the satisfaction of the court that hisabsence from the United States for such period has been for suchpurpose.(c) No period of absence from the United States during the fiveyears immediately preceding June 25, 1936, shall be held to havebroken the continuity of residence required by the natura)ization lawsif the alien proves to the satisfaction of the Attorney General and

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    54 STAT.] 76TH CONG., 3D SESS.-CH. 876---0CT. 14, 1940 1143the court that during all such period of absence he has been underemployment by, or contract with, the United States, or such American institution of research, or American firm or corporation, describedin subsection (b) of this section, and has been carrying on the activities described in that subsection in its behalf.(d) The following shall be regarded as residence within the UnitedStates within the meaning of this chapter:(1) Honorable service on vessels owned directly by the Government of the United States, whether or not rendered at any time priorto the applicant 's lawful entry into the United States: Provided, Thatthis subdivision shall not app ly to service on vessels operating in andabout the Canal Zone in connection with the maintenance, operation,protection, and civil government of the Panama Canal and CanalZone.(2) Continuous service by a seaman on a vessel or vessels whosehome port is in the United States and which are of American registryor American owned, if rendered subsequent to the applicant 's lawfulentry into the United States fo r permanent residence and immediatelypreceding the date of naturalization.

    SEC. 308. Any alien who has been lawfully admitted into the UnitedStates for permanent residence and who has heretofore been or mayhereafter be absent temporarily from the United States solely in hisor he r capacity as a regularly ordained clergyman or nun, shall beconsidered as residing in the United States fo r the purpose of naturalization, notwithstanding any such absence from the United States,but he or she shall in al l other respects comply with the requirementsof the naturalization laws. Such alien shall prove to the satisfactionof the Attorney General and the naturalization court that his or herabsence f rom the United States has been solely in the capacity hereinbefore described.R E Q U l R E ~ I E N T S AS TO PROOF

    SEC. 309. (a ) As to each period and place of residence in the Statein which the petitioner resides at the time of filing the petition, duringthe entire period of at least six months immediately preceding thedate of filing the petit ion, there shaH be included in the petition theaffidavits of at least two credible witnesses, cit izens of the UnitedStates, stating that each has personally known the petitioner to havebeen a resident at such place for such period, and that the petitioneris and during all such period has been a person of good moral character, attached to the principles of the Constitution of the UnitedStates, and well disposed to the good order and happiness of theUnited States.(b) At the hearing on the petition, residence in the State in whichthe petitioner resides at the time of filing the petition, for at leastsix months immediately preceding the date of filing the petition, andthe other qualifications required by subsection (a ) of section 307 during such residence shall be proved by the oral testimony of at leasttwo credible witnesses, citizens of the United States, in addition tothe affidavits required by subsection (a) of this section to be includedin the petition. At the hearing, residence within the United Statesduring the five-year period, bu t outside the State, or within the Statebut prior to the six months immediately preceding the date of filingthe petition, and the other qualifications required by subsection (a)of section 307 during such period at such places, shall be proved eitherby depositions taken in accordance with subsection (e) of section 327or oral testimony, of at least two such witnesses fo r each place ofresidence.

    Residence withinU.S.Service on u. s.vessels.Proviso.Certain vesselsoperating in Canal Zone.

    Service on vesselshaving home ports inU.S.

    Temporary absenceof alien clergymen ornUDS.

    Affidavits as toState r e ~ i d e n c e , etc.

    Oral tes timony athearing.

    Ame, p.1142.

    Proof of U. S. residence.

    An!e, p. 1142.

    PM, p. 1151.

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    1144 PUBLIC LAWS-CH. 816-0CT . 14, 1940 [54 STAT.Other proofindesignated cases.

    Anle, p. 1142.

    Issuance of subpenas for attendanceof witnesses.

    Natural izat ion ofaIien spouse.Marriageafter Sept.21, 1922, and prior toMay 24, 1934.

    Marriage on orafterMay 24,1934.

    Validation of naturalization of certainwomen.

    (c) Notwithstanding the provisions of subsections (a) and (b)of this section the requirements of subsection (a) of section 307 asto the petitioner's residence, moral character, attachment to the prin-ciples of the Constitution of the United States, and disposition towardthe good order and happiness of the United States may be establishedby any evidence satisfactory to the naturalization court in those casesunder subsection (b) of section 307 in which the alien declarant hasbeen absent from the United States because of his employment by orcontract with the Government of the United States or an Americaninstitution of research, recognized as such by the Attorney General,or employment by an American firm or corporation engaged in wholeor in part in the development of foreign trade and commerce of theUnited States or a subsidiary thereof.(d) The clerk of court shall, if the ,Petitioner requests it at thetime of filing the pet it ion for naturalIzation, issue a subpena forthe witnesses named by such petit ioner to appear upon the day setfo r the final hearing, but in case such witnesses cannot be producedupon the final hearing other witnesses may be summoned upon noticeto the Commissioner, in such manner and at such time as the Commissioner, with the approval of the Attorney General, may by regulation prescribe. If it should appear after the pet it ion has beenfiled that any of the verifying witnesses thereto are not competent,and it further appears that the petit ioner has acted in good faithin producing such witnesses found to be incompetent, other witnessesmay be substituted in accordance with such regulations.

    MARRIED PERSONSSEC. 310. (a ) Any alien who, after September 21, 1922, and priorto May 24, 1934, has married a citizen of the United States, or any

    alien who married prior to May 24, 1934, a spouse who was natural-ized during such period and dur ing the existence of the mari ta l relation may, if eligible to naturalization, be naturalized upon full andcomplete compliance with all requirements of the naturalization laws,with the following exceptions:(1) No declaration of intention shall be required;(2) In lieu of the five-year period of residence within the UnitedStates, and the six months' period of residence in the State where thepetitioner resided at the time of filing the petition, the petitioner shallhave resided continuously in the United States for at least one yearimmediately preceding the filing of the petition.(b) Any alien who, on or after May 24, 1934, has married or shallhereafter 'marry a citizen of the United States, or any alien whosehusband or wife was naturalized on or after May 24, 1934, and duringthe existence of the marital relation or shall 'hereafter be so natu-ralized may, if eligible for naturalization, be naturalized upon fulland complete compliance with all requirements of the naturalizationlaws, with the following exceptions:(1) No declaration of intention shall be required;(2) In lieu of the five-year period of residence within the UnitedStates, and the six months' period of residence in the State where thepetitioner resided at the time of filing the petition, the petitioner shallhave resided continuously in the United States fo r at least three yearsimmediately preceding- the filing of the petition.(c) The naturalization of any woman on or after May 24, 1934,by any naturalization court of competent jurisdiction, upon proof ofmarriage to a citizen or the naturalization of her husband and proofof bu t one year's residence in the United States is hereby validatedonly so far as relates to the period of residence required to be provedby such person under the naturalization laws.

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    MSUT.] 76TH CONG., 3D SESS.-CH. 876--0CT. 14, 1940 1145(d) The naturalization of any male person on or after May 24,1934, by any naturalization court of competent jurisdiction, uponproof of marriage to a citizen of the United States after September 21,1922, and prior to May 24, 1934, or of the naturalization during such

    ~ e r i o d of his wife, and upon proof of three years' residence in theUnited States, is hereby v a l i d a t ~ d only so far as relates to the periodof residence required to be proved by such person under the naturalization laws and the omission by such person to make a declarationof intentlon.SEC. 311. A person who upon the effective date of this section ismarried to or thereafter marries a citizen of the United States, orwhose spouse is naturalized after the effective date of this section, ifsuch person shall have resided in the United States in marital unionwith the United States citizen spouse for at least one year immediatelypreceding the filing of the petition for naturalization, may be naturalized after the effective date of this section upon compliance withall requirements of the natura lizat ion laws with the followingexceI?tions :(a) No declaration of intention shall be required.(b) The petitioner shall have resided continuously in the UnitedStates for at least two years immediately preceding the filing of thepetition in lieu of the five-year period of residence within the UnitedStates and the six months' period of residence within the State wherethe naturalization court i3 held.SEC. 312. An alien, whose spouse is (1) a citizen of the UnitedStates, (2) in the employment of the Government of the UnitedStat-BS, or of an American institution of research recognized as suchby the Attorney General, or an American firm or corporation engagedin whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, and (3) r e g u ~larly stationed abroad in such employment, and who is (1) in theUnited States at the time of naturalization, and (2) declares before thenaturalization court in good faith an intention to take up residencewithin the United States immediately upon the termination of suchemployment abroad of the citizen spouse, may be natural ized uponcompliance with all requirements of the naturalization laws, with thefollowing exceptions:(a) No decfaration of intention shall be required; and(b ) No prior residence within the United States or within the jurisdiction of the naturalization court or proof thereof shall be required.

    CHILDRENSEC. 313. A child born outside of the United States, one of whoseparents at the time of the child's birth was an alien and the other ofwhose :parents then was and never thereafter ceased to be a citizen ofthe Umted States, shall, if such alien parent is naturalized, be deemeda citizen of the United States, when-(a) Such naturalization takes place while such chi ld is under theage of eighteen years; and(b) Such child is residing in the United States at the time of naturalization or thereafter and begins to reside permanently in the UnitedStates while under the age of eighteen years.SEC. 314. A child born outside of the United States of alien parents,or of an alien parent and a citizen parent who has subsequently lost

    citizenship of the United States, becomes a citizen of the United Statesupon fulfillment of the following conditions:(a ) The naturalization of both parents; or(b) The naturalization of the surviving parent if one of the parentsis deceased; or

    Male persons.

    Naturalizatiuu ofpersons married on orafter effective date ofsection.

    When s pous e BU. S. citizen regulflIlyemployed abroad byU. S. GovernIPent,etc.

    Citizenship throughnaturalization of alienparent; conditions.

    Alien parents, oralien paren t and former citizen parent;conditions.

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    1146 PUBLIC LAWS-OH. 876-0CT. 14, 1940 [54 STAT.

    Naturalizationuponpetition by citizenparent.

    Naturalization ofadopted children; con-ditions.

    Reacquisition of cit-izenship lost throughmarriage.

    Repatriation of cer-tain (ormer womencitizens.

    (c) The naturalization of the parent having legal custody of thechild when there has been a legal separation of the parents; and i f -(d) Such naturalization takes place while such child is under theage of eighteen years; and(e) Such child is residing in the United States at the time of thenaturalization of the paren t last naturalized under subsection (a) ofthis section, or the parent naturalized under subsection (b) or (c) ofthis section, or thereafter begins to reside permanently in the UnitedStates while under the age of eighteen years.SEC. 315. A child born outside of the United States, one of whoseparents is at the time of petitioning for the naturalization of the('hild, a citizen of the United States, either by birth or naturalization,may be naturalized i f under the age of eighteen years and not other-wise disqualified from becoming a citizen and is residing permanentlyin the United States with the citizen parent, on the petit ion of suchcitizen parent, without a declaration of intention, upon compliancewith the applicable procedural provisions of the naturalization laws.SEC. 316. An adopted child may, if not otherwise disqualified frombecoming a citizen, be naturalized before reaching the age of eighteenyears upon the petition of the adoptive parent or parents if the childhas resided continuously in the United States for at least two yearsimmediately preceding the date of filing such 'petition, upon compli-ance with all the applicable procedural provisIOns of the naturaliza-tion laws, if the adoptive parent or parents are citizens of the UnitedStates, and the child was:(a) Lawful ly admit ted to the United States for permanent resi-dence; and(b) Adopted in the United States before reaching the age of sixteenyears; and(c) Adopted and in the legal custody of the adoptive parent orparents for at least two years prior to the filing of the petition for thechild's naturalization.

    FORMER CITIZENS OF THE UNITED STATESSEC. 317. (a ) A person who was a citizen of the United States andwho prior to September 22, 1922, lost United States citizenship bymarriage to an alien or by the spouse's loss of United States citizen-ship, and any person who lost United States citizenship on or afterSeptember 22, 1922, by marriage to an alien ineligible to citizenship,may, i f no other nationality was acquired by affirmative act other thansuch marriage, be naturalized upon compliance with all requirementsof the naturalization laws with the following exceptions:(1) No declaration of intention and no certificate of arrival shallbe required, and no period of residence within the United States orwithin the State where the petition is filed shall be required.(2) The petition need not set forth that it is the intention of thepetitioner to reside permanently within the United States.(3) The petition may be filed in any court having naturalizationjurisdiction, r e ~ a r d l e s s of the residence of the petitioner.(4) The petItion may be heard at any time after filing i f there isattached to the petition at the time of filing a certificate from a naturalization examIner stating that the petitIOner has appeared beforesuch examiner fo r examination.Such person shall have, from and after the naturalization, the samecitizenship status as that which existed immediately prior to its loss.(b) (1) From and after the effective date of this Act, a woman,who was a citizen of the United States at birth, and who has or isbelieved to have lost her United States citizenship solely by reason

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    54 STAT.] 76TH CONG., 3D SESS. -CH . 876 -0CT . 14, 1940 1147of her marriage prior to September 22, 1922, tD an alien, and whosemarital status with such alien has or shall have terminated, if no othernationality was acquired by affirmative act other than such marriage,shall, from and after the taking of the oath of allegiance prescribed bysubsection (b) of section 335 of this Act, be deemed to be a citizen ofthe United States to the same extent as though her marriage to saidalien had taken place on or af ter September 22, 1922.(2) Such oath of allegiance may be taken abroad before a diplomatic or consular officer of the United States, or in the United Statesbefore the judge or clerk of a natura lization court.(3) Such oath of allegiance shall be entered in the records of theappropriate embassy or legation or consulate or naturalization court,and upon demand, a certified copy of the proceedings, including acopy of the oath administered, under the seal of the embassy or legation or consulate or naturalization court, shall be delivered to suchwoman at a cost not exceeding $1, which certified copy shall be evidence of the facts stated therein before any court of record or judicialtribunal and in any department of the United States.(c) A person who shall have been a citizen of the United Statesand also a national of a foreign state, and who shall have lost hiscitizenship of the United States under the provisions of section 401 (c)of this Act, shall be entitled to the benefits of the provisions of subsection (a) of this section, except that contained in subdivision (2)thereof. Such person, if abroad, may enter the United States as anonquota immigrant, fo r the purpose of recovering his citizenship,upon compliance with the provisions of the Immigration Acts of 1917and 1924.SEC. 318. (a) A former citizen of the United States expatriatedthrough the expatriation of such person's parent or parents and whohas not acquired the nationality of another country by any affirmativeact other than the expatriation of his parent or parents may be naturalized upon filing a petition fo r naturalization before reaching theage of twenty-five years and upon compliance with all requirementsof the naturalization laws with the following exceptions:(1) No declaration of intention and no certificate of arrival andno period of residence within the United States or in a State shallbe required;(2) The petition may be filed in any court having naturalizationjurisdiction, regardless of the residence of the petitioner;(3) If there is attached to the petition at the time of filing, a certificate from a natural izat ion examiner stating that the petitionerhas appeared before him for examination, the petit ion may be heardat any time after filing; and(4) Proof that the petitioner was at the time his peti tion was filedand at the time of the final hearing thereon a person of good moralcharacter, attached to the principles of the Constitution of the UnitedStates, and well disposed to the good order and happiness of theUnited States, and that he intends to reside permanently in theUnited States shall be made by any means satisfactory to the naturalization court.(b) No former citizen of the United States, expatriated throughthe expatriation of such person's parent or parents, shall be obligedto comply with the requirements of the immigration laws, if hehas not acquired the nationality of another country by any affirmativeact other than the expatriation of his parent or parents, and if he hascome or shall come to the United States before reaching the age oftwenty-five years.(c) After his natural izat ion such person shall have the same cit i.zenship status as if he had not been expatriated.

    Oath 01 allegiance.Posl, p. 1157.

    Taking of oath.

    Entry upon records.

    Repat riat ion a ltermilitary service withloreign state whilenational thereof.Post, p. 1159.

    Reacquisition of citizenship lost by e:!C-patriation of parents.

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    1148 PUBLIC LAWS-OH. 876-00T. 14, 1940 [54 STAT.Reacquisition of citizenship lost hy cancelation of parent'snaturalization.

    Post, p. 1159.

    Beginuing date ofcitizenship.

    Natura l i za t ionwithout preliminarydeclaration.

    Naturalization ofnational if resident ofa State.

    Acquisition of citizenship; declaratiouof allegiance.

    SEC. 319. (a) A person who as a minor child lost citizenship ofthe United States through the cancelation of the parent's naturalization on grounds other than actual fraud or presumptive fraud asspecified in the second paragraph of section 15 of the Act of June29, 1906, as amended (34 Stat. 601; 40 Stat. 544, U. S. C., title 8,sec. 405), or who shall lose citizenship of the United States undersubsection (c) of section 338 of this Act, may, i f such person residedin the United States at the time of such cancelation and if , withintwo years after such cancelation or within two years after theeffective date of th is section, such person files a petition for naturalization or such a petition is filed on such person's behalf by a parentor guardian if such person is under the age of eighteen years, benaturalized upon compliance with all requirements of the naturalization laws with the exception that no declaration of intention shallbe required and the required five-year period of residence in theUnited States need not be continuous.(b) Citizenship acquired under this section shall begin as of thedate of the person's naturalization, except that in those cases wherethe person has resided continuously in the United States from thedate of the cancelation of the parent's naturalization to the date of theperson's naturalization under this section, the citizenship of such person shall relate back to the date of the parent' s naturalization whichhas been canceled or to the date of such person's arrival in the UnitedStates for permanent residence if such date was subsequent to thedate of naturalization of said parent.

    PERSONS MISINFORMED OF CITIZENSHIP ETATUSSEC. 320. A person not an alien enemy, who resided uninterruptedlywithin the United States during the period of five years next preced

    ing July 1, 1920, and was on that date otherwise qualified to become acitizen of the United States, except that such person had not made adeclaration of intention required by law and who during or prior tothat time, because of misinformation regarding the citizenship statusof such person, erroneously exercised the rights and performed theduties of a citizen of the United States in good faith, may file thepetit ion for naturalization prescribed by law without making thepreliminary declaration of intention, and upon satisfactory proof tothe court that petitioner has so acted may be admitted as a CItizen ofthe United States upon complying with the other requirements of thenaturalization laws.NATIONALS BUT NOT CITIZENS OF THE UNITED STATES

    SEC. 321. A person not a citizen who owes permanent allegiance tothe United States, and who is otherwise qualified may, if he becomes aresident of any State, be naturalized upon compliance with the requirements of thisAct, except that in petitions for naturalization filed underthe provisions of this section, residence within the United States withinthe meaning of this Act shall include residence within any of the outlying possessions of the United States.PUERTO RICANS

    SEC. 322. A person born in Puerto Rico of alien parents, referredto in the last -paragraph of section 5, Act of March 2, 1911 (U. S. C.,title 8, sec. 5) , and in section 5a, of the said Act, as amended bysection 2 of the Act of March 4, 1927 (U. S. C., title 8, sec. 5a), whodid not exercise the privilege granted of b e c o m i n ~ a citizen of theUnited States, may make the declaration provided I I I said paragraphat any time, and from and after the making of such declaration shallbe a citizen of the United States.