Page:United States Statutes at Large Volume 54 Part 1.djvu/1183

This page needs to be proofread.

54 STAT.] 76TH CONG. , 3D SESS.-CH. 876-OCT. 14, 1940 PERSONS SERVING IN ARMED FORCES OR ON VESSELS SEC. 323. A person who, while a citizen of the United States and during the World War in Europe, entered the military or naval service of any country at war with a country with which the United States was then at war, who has lost citizenship of the United States by reason of any oath or obligation taken for the purpose of enter- ing such service, may be naturalized by taking before any naturali- zation court specified in subsection (a) of section 301 the oaths prescribed by section 335. SEC. 324. (a) A person, including a native-born Filipino, who has served honorably at any time in the United States Army, Navy, Marine Corps, or Coast Guard for a period or periods aggregating three years and who, if separated from such service, was separated under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person's petition, in the United States for at least five years and in the State in which the petition for naturalization is filed for at least six months, if such petition is filed while the petitioner is still in the service or within six months after the termination of such service. (b) A person filing a petition under subsection (a) of this section shall comply in all respects with the requirements of this chapter except that- (1) No declaration of intention shall be required; (2) No certificate of arrival shall be required; (3) No residence within the jurisdiction of the court shall be required; (4) Such petitioner may be naturalized immediately if the peti- tioner be then actually in any of the services prescribed in subsection (a) of this section, and if, before filing the petition for naturalization, such petitioner and at least two verifying witnesses to the petition, who shall be citizens of the United States and who shall identify petitioner as the person who rendered the service upon which the petition is based, have appeared before and been examined by a representative of the Service. (c) In case such petitioner's service was not continuous, petitioner's residence in the United States and State, good moral character, attach- ment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately pre- ceding the date of filing said petition between the periods of peti- tioner's service in the United States Army, Navy, Marine Corps, or Coast Guard, shall be verified in the petition filed under the provisions of subsection (a) of this section, and proved at the final hearing thereon by witnesses, citizens of the United States, in the same manner as required by section 309. Such verification and proof shall also be made as to any period between the termination of petitioner's service and the filing of the petition for naturalization. (d) The petitioner shall comply with the requirements of section 309 as to continuous residence in the United States for at least five years and in the State in which the petition is filed for at least six months, immediately preceding the date of filing the petition, if the termination of such service has been more than six months preceding the date of filing the petition for naturalization, except that such service shall be considered as residence within the United States or the State. (e) Any such period or periods of service under honorable condi- tions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such serv- 1149 Naturalization of designated World War expatriates. Ante, p . 1140; post, p. 1157. Naturalization of persons having U. S. military, etc., service. Waiver of certain requirements. Verification of resl- dence, etc. Ante, p. 1143 . Residence require- ments in certain cases of terminated service. Service records in lieu of affidavits, etc.