Page:United States Statutes at Large Volume 54 Part 1.djvu/1174

This page needs to be proofread.

PUBLIC LAWS--H . 876-OCT. 14 , 1940 Status, in absence of legitimation, etc. ra Set u In the absence of such legitimation or adjudication, the child, whether born before or after the effective date of this Act, if the mother had the nationality of the United States at the time of the child's birth, and had previously resided in the United States or one of its outlying possessions, shall be held to have acquired at birth her nationality status. CHAPTER III-NATIONALITY THROUGH NATURALIZATION GENERAL PROVISIONS JURISDICTION TO NATURALIZE Courts having natu- izationjurisdition. SEC. 301. (a) Exclusive jurisdiction to naturalize persons as citi- zens of the United States is hereby conferred upon the following specified courts: District Courts of the United States now existing, or which may hereafter be established by Congress in any State, Districts Courts of the United States for the Territories of Hawaii and Alaska, and for the District of Columbia and for Puerto Rico, and the District Court of the Virgin Islands of the United States; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited. The jurisdiction of all the courts herein specified to naturalize persons shall extend only to such persons resi- dent within the respective jurisdictions of such courts, except as otherwise specifically provided in this Act. Petitions within (b) A person who petitions for naturalization in any State court tate judicial districts, te. having naturalization jurisdiction, may petition within the State judi- cial district or State judicial circuit in which he resides, whether or not he resides within the county in which the petition for naturali- zation is filed. Blank forms. (c) The courts herein specified, upon request of the clerks of such courts, shall be furnished from time to time by the Commissioner or a Deputy Commissioner with such blank forms as may be required in naturalization proceedings. Manner,etc.,oinat- (d) A person may be naturalized as a citizen of the United States ralzation. in the manner and under the conditions prescribed in this Act, and not otherwise. SUBSTANTIVE PROVISIONS Sex or marriage no bar. Racial limitation. Proviso. Eligibility of cer- tain Filipinos, etc. Post, p. 1149. Port, p. 1146. English languagere- quirement. ELIGIBILITY FOR NATURALIZATION SEC. 302. The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of sex or because such person is married. SEC. 303. The right to become a naturalized citizen under the pro- visions of this Act shall extend only to white persons, persons of African nativity or descent, and descendants of races indigenous to the Western Hemisphere: Provided,That nothing in this section shall prevent the naturalization of native-born Filipinos having the honor- able service in the United States Army, Navy, Marine Corps, or Coast Guard as specified in section 324, nor of former citizens of the United States who are otherwise eligible to naturalization under the provisions of section 317. SEC. 304. No person except as otherwise provided in this Act shall hereafter be naturalized as a citizen of the United States upon his own petition who cannot speak the English language. This require- ment shall not apply to any person physically unable to comply therewith, if otherwise qualified to be naturalized. 1140 [54 STAr.