§§ 351 to 416. Repealed or transferred
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and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former section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354, relating to Bureau of Naturalization, were repealed by act Oct. 14, 1940, ch. 876, title I, subch.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, § 1, 34 Stat. 596, and section
354 was from act May 9, 1918, ch. 69, § 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355, relating to reports of expenditures of Bureau of Naturalization, was repealed by act May 29, 1928, ch. 901, § 1, 45 Stat. 994. It was from act Mar. 4, 1909, ch. 299, § 1, 35 Stat. 982.
Sections
356 to
358a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 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, § 28, 34 Stat. 606, and Mar. 2, 1929, ch. 536, § 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, § 9, 47 Stat. 166; see section
1443
(g) of this title. Sections
357 (from act June 29, 1906, ch. 3592, § 3, 34 Stat. 596, as amended Mar. 3, 1911, ch. 231, § 289, 36 Stat. 1167; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737; June 25, 1936, ch. 804, 49 Stat. 1921), 358 (from act Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965), and 358a (from act Feb. 25, 1927, ch. 192, § 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. § 2169 (revised from act July 14, 1870, ch. 254, § 7, 16 Stat. 256), and acts Feb. 18, 1875, ch. 80, § 1, 18 Stat. 318; May 9, 1918, ch. 69, § 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, § 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. § 2170, which was revised from act Mar. 3, 1813, ch. 42, § 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, § 504, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, § 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, § 1, 57 Stat. 600. It was from act May 6, 1882, ch. 126, § 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, § 504, 54 Stat. 1172. Sections
364 and
365 were from act June 29, 1906, ch. 3592, §§ 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, § 2, 40 Stat. 77; July 9, 1918, ch. 143, § 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, § 504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411, §§ 1,
2,
3
(c), respectively, 42 Stat. 1021, 1022, as amended Mar. 3, 1931, ch. 442, § 4(a),
46 Stat 1511; May 17, 1932, ch. 190, 47 Stat. 158; May 24, 1934, ch. 344, § 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, § 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, § 504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411, §§ 4,
3
(b), respectively, 42 Stat. 1022, as amended July 3, 1930, ch. 835, § 2(a), 46 Stat. 854; Mar. 3, 1931, ch. 442, § 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, § 4(b), 46 Stat. 1512. It was from act Sept. 22, 1922, ch. 411, § 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, § 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, § 504, 54 Stat. 1172. Section
372, relating to procedure for naturalization, was from act June 29, 1906, ch. 3592, § 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, § 3, 46 Stat. 1511. Section
373, relating to declaration of intention to become citizen, was from acts June 29, 1906, ch. 3592, § 4, 34 Stat. 596; Mar. 4, 1929, ch. 683, § 1, 45 Stat. 1545; June 20, 1939, ch. 224, § 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, § 1, 44 Stat. 652. It was from act June 29, 1906, ch. 3592, § 4(7), as added May 9, 1918, ch. 69, § 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, § 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, § 4, 34 Stat. 597.
Section
375a, act July 2, 1940, ch. 512, §§ 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, § 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, § 1, 49 Stat. 376. It was from act June 29, 1906, ch. 3592, § 4(8), as added May 9, 1918, ch. 69, § 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, § 504, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, § 4(10), as added May 9, 1918, ch. 69, § 1, 40 Stat. 545, and amended May 25, 1932, ch. 203, § 10, 47 Stat. 166.
Section
377a, related to naturalization of inhabitants of Virgin Islands. It was from acts Feb. 25, 1927, ch. 192, § 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, § 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, § 4, 45 Stat. 1513; May 25, 1932, ch. 203, § 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, § 36, as added Mar. 2, 1929, ch. 536, § 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, § 4(11), as added May 9, 1918, ch. 69, § 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, § 4, 34 Stat. 596, as amended Mar. 2, 1929, ch. 536, § 6(a), 45 Stat. 1513; June 20, 1939, ch. 224, § 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, § 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, § 5, 45 Stat. 1513; Apr. 19, 1934, ch. 154, § 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, § 35, as added Mar. 2, 1929, ch. 536, § 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, § 4, 34 Stat. 596; Mar. 2, 1929, ch. 536, § 6b, 45 Stat. 1513; June 25, 1936, ch. 811, § 1, 49 Stat. 1925; June 29, 1938, ch. 819, 52 Stat. 1247; June 20, 1939, ch. 224, § 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, § 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, §§ 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, § 6(e), 45 Stat. 1514. It was from act June 29, 1906, ch. 3592, § 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, § 504, 54 Stat. 1172. It was from act June 29, 1906, ch. 3592, § 4(7), as added May 9, 1918, ch. 69, § 1, 40 Stat. 544; amended May 25, 1932, ch. 203, § 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, § 100, 31 Stat. 161; May 27, 1910, ch. 258, § 9, 36 Stat. 448; Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172.
Sections
386 to
389 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 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, § 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, § 4(9), as added May 9, 1918, ch. 69, § 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, § 4(7), as added May 9, 1918, ch. 69, § 1, 40 Stat. 542; June 4, 1920, ch. 227, § 30, 41 Stat. 776; Mar. 2, 1929, ch. 536, § 6(c), (d), 45 Stat. 1514; May 17, 1932, ch. 190, 47 Stat. 158; May 25, 1932, ch. 203, § 2(a), 47 Stat. 165; July 30, 1937, ch. 545, § 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, § 4(7), as added May 9, 1918, ch. 69, § 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, § 403(a)(37), 66 Stat. 280. It was from act Aug. 19, 1937, ch. 698, § 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, § 504, 54 Stat. 1172. They were from act June 29, 1906, ch. 3592, §§ 4(7),
4
(13), and
4
(7), respectively, as added May 19, 1918, ch. 69, § 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, § 504, 54 Stat. 1172. Section
392a was from acts May 26, 1926, ch. 398, § 7, 44 Stat. 655; Mar. 4, 1929, ch. 683, § 3, 45 Stat. 1546. Sections
392b to
392d were from acts May 25, 1932, ch. 203, § 1, 47 Stat. 165; Ex. Ord. No. 6166, § 14, June 10, 1933; June 24, 1935, ch. 288, §§ 1 to
3, 49 Stat. 395; Aug. 23, 1937, ch. 735, §§ 1 to
3, 50 Stat. 743, 744; June 21, 1939, ch, 234, §§ 1 to
3, 53 Stat. 851.
Sections
392e to
398 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 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, §§ 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, § 4(7), as added May 9, 1918, ch. 69, §§ 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, §§ 6,
5,
9, respectively, 34 Stat. 598, 599, as amended Mar. 3, 1931, ch. 442, §§ 1,
2, 46 Stat. 1511; see sections
1445
(c) and
1447
(a), (e) of this title.
Section
398a, act May 3, 1940, ch. 183, § 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, § 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, § 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, §§ 32 to
34, respectively, as added Mar. 2, 1929, ch. 536, § 9, 45 Stat. 1515; amended May 25, 1932, ch. 203, §§ 4,
5, 47 Stat. 165; Apr. 19, 1934, ch. 154, §§ 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, § 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, § 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, §§ 12,
13, 34 Stat. 599, as amended June 25, 1910, ch. 401, § 1, 36 Stat. 829; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737; June 12, 1917, ch. 27, § 1, 40 Stat. 171; Feb. 26, 1919, ch. 49, §§ 1,
2, 40 Stat. 1182; Feb. 11, 1921, ch. 46, 41 Stat. 1099; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; June 10, 1921, ch. 18, § 304, 42 Stat. 24; Mar. 2, 1929, ch. 536, § 7(a), 45 Stat. 1514; and Apr. 19, 1934, ch. 154, § 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, § 7(b), 45 Stat. 1515; Ex. Ord. No. 6166, § 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, § 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, §§ 4(7),
14, respectively, 34 Stat. 601, as amended May 9, 1918, ch. 69, § 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, § 15, 34 Stat. 601; May 9, 1918, ch. 69, § 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, § 3, 40 Stat. 548, and June 29, 1906, ch. 3624, § 1, 34 Stat. 630, respectively.
Sections
408 to
415 were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. Sections
408 and
409, relating to naturalization forms, were from act June 29, 1906, ch. 3592, §§ 3,
27, respectively, 34 Stat. 596, 603; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737; May 9, 1918, ch. 69, § 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, §§ 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, § 504, 54 Stat. 1172. It was from act May 9, 1918, ch. 69, § 2, 40 Stat. 547. See note set out under section
1101 of this title.