and proof of but one year's residence in the United States is hereby validated only so far as relates to the period of residence required to be proved by such person under the naturalization laws.

(d) The naturalization of any male person after 12 o'clock noon, eastern standard time, May 24, 1934, by any naturalization court of competent jurisdiction, upon proof of marriage to a citizen of the United States after September 21, 1922, and prior to 12 o'clock noon, eastern standard time, May 24, 1934, or of the naturalization during such period of his wife, and upon proof of three years' residence in the United States, is hereby validated only so far as relates to the period of residence required to be proved by such person under the naturalization laws and the omission by such person to make a declaration of intention.

Section 309 would carry into the proposed code the substance of section 4 of the act of May 24, 1934 (U. S. C., title 8, sec. 368), which amended section 2 of the act relative to the naturalization and citizenship of married women, approved September 22, 1922 (42 Stat. 1022). The 1934 act, in permitting the alien husband of a citizen wife to be naturalized without having made a declaration of intention and after but 3 years' residence within this country, was intended to place the two sexes upon an equality and to relieve them by reason of the citizenship of one member of the family from the usual naturalization requirements. Prior to the 1934 amendment of the 1922 act, the latter statute had provided for the naturalization of the alien wife of a citizen husband without a declaration of intention and after but 1 year's residence in the United States.

Varied interpretations have been given to the 1934 amendment. The United States Circuit Court of Appeals for the Seventh Circuit in the case of U. S. v. Bradley (83 F. (2d) 483), followed by the United States Circuit Court of Appeals for the Third Circuit in the case of U. S. v. Balestra (88 F. (2d) 43), held that the alien man married to a citizen wife between the 1922 and 1934 acts might be naturalized under the 1934 statute. Other courts, however, held that the alien husband of the citizen wife acquired no exemptions during the period from 1922 to 1934.

There has also been a divergence of judicial views as to whether the alien wife who married a citizen between 1922 and 1934, or whose husband was naturalized during that period, and who, during such period was eligible to petition for naturalization without a declaration of intention and after but 1 year's residence, might still petition for naturalization and be admitted into citizenship upon such terms. Some courts held that the privilege of applying for naturalization under the 1922 exemptions continued after the enactment of the 1934 act. Other courts held to the contrary.

In restating in section 309 the substance of the 1934 amendment, the language is intended to clarify this confused situation and to place the aliens of both sexes who are spouses of citizens upon an equality by extending the privilege of naturalization after 1 year's residence to alien husbands who had married citizen wives or whose wives were naturalized between 1922 and 1934.

It has been thought necessary to make provision in subsections (c) and (d) for the validation of naturalization judgments since the 1934 act became effective of alien men naturalized with the exemptions on the basis of marriages or the naturalization of their wives between the 1922 and 1934 acts, and in the cases of alien wives who have been naturalized since the 1934 act upon proof of residence of but 1 year instead of 3. The legality of the naturalization of such persons is now questionable.

Sec. 310.-A person who upon the effective date of this section is married to or thereafter marries a citizen of the United States, or whose spouse is naturalized after the effective date of this section, if such person shall have resided in the United States in marital union with the United States citizen spouse for at least one year immediately preceding the filing of the petition for naturalization, may be naturalized after the effective date of this section upon compliance with all requirements of the naturalization laws with the following exceptions:

(a) No declaration of intention shall be required.

(b) The petitioner shall have resided continuously in the United States for at least two years immediately preceding the filing of the petition in lieu of the five-year period of residence within the United States and the six months' period of residence within the State where the naturalization court is held.

Proposed section 310 grants exemptions from some of the usual naturalization requirements to a person who upon the effective date of the proposed code is married to or thereafter marries a citizen of the United States, or whose spouse is naturalized after that date, provided such person shall have resided in the United States in a marital status with the citizen spouse for at least 1 year immediately preceding the filing of the petition for naturalization. Such an applicant would be relieved from making a declaration of intention, from the 6 months' State residence, and from the 5-year requirement of continuous United States residence for which 2`years immediately preceding the filing of the petition would be substituted.

The present law applicable to this group substitutes a 3-year period of residence in the United States, Hawaii, Alaska, or Puerto Rico for the 5-year period of United States residence, and the former 1-year period of State or Territorial residence (sec. 2, act of September 22, 1922, as amended, as amended by sec. 4, act of May 24, 1934, 48 Stat. 797; U. S. C., title 8, sec. 368).

As it is felt that marriage to a citizen spouse would, as a general rule, have greater influence in facilitating acquisition of our language, and an understanding knowledge and appreciation of our form and principles of Government, and a real attachment to the country than mere residence in the United States, the period of required residence has been reduced from 3 years to 2.

Sec. 311.-An alien, whose spouse is (1) a citizen of the United States, (2) in the employment of the Government of the United States, and (3) regularly stationed abroad under orders of such Government, and who is (1) in the United States at the time of naturalization, and (2) declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all requirements of the naturalization laws, with the following exceptions:

(a) No declaration of intention shall be required; and

(8) No of she be s or proof thereof shall

be required.

Proposed section 311 would facilitate the naturalization of spouses of certain citizens of the United States in the employ of the Government of the United States who are regularly stationed abroad. By reason of enforced absence from this country, the noncitizen spouse cannot hope to comply with the requirements of a declaration of intention and the necessary United States and local residence.

The proposed measure would relieve such an alien from making a declaration of intention and from establishing or proving any period of residence within the United States. It would be necessary for the applicant to come to the United States in order to file the petition for naturalization, and to declare before the naturalization court in good faith an intention to take up residence in the United States immediately upon the termination abroad of the Government employment of the citizen spouse.

This group of persons is not numerically large and it is felt that the relationship of the citizen spouse to the Government of the United States is such as to warrant the exemptions described.

CHILDREN

Sec. 312.-A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, be deemed a citizen of the United States, when

(a) Such naturalization takes place while such child is under the age 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 United States while under the age of eighteen years.

It pro

Proposed section 312 is a modification of present law concerning children born outside of the United States of one citizen and one alien parent. vides for the automatic acquisition of United States citizenship by the child under the fulfillment of two conditions: (1) That the naturalization of the alien parent takes place while the child is under the age of 18 years, and (2) that the

child is residing in the United States at the time of such naturalization or thereafter and begins to reside permanently in the United States while under the age of 18 years. If such permanent residence begins after such naturalization, citizenship is acquired at the beginning of such residence (sec. 1993, R. S. U. S., as amended by sec. 1, act of May 24, 1934, 48 Stat. 797; U. S. C., title 8, sec. 6). Under present law a child born outside the United States of one citizen and one alien parent, the citizen parent having resided in the United States prior to the birth of the child, is held by the Attorney General of the United States to be a citizen of this country at birth, subject to losing such citizenship if later the child fails to reside in the United States for at least 5 years continuously immediately previous to its eighteenth birthday and unless, within 6 months after its twenty-first birthday, it takes an oath of allegiance to the United States (38 Op. Atty. Gen. (1934)).

This provision in the present statute is unsatisfactory for a number of reasons. Its wording is vague and required an opinion of the Attorney General in order to define its meaning and scope. It creates a doubtful status because questions will probably arise as to the intervening citizenship of a child between the time of its birth and the point at which it fails to comply with the stipulated conditions as to residence within the United States and taking the oath of allegiance. The present law is discriminatory in that it requires the child of one citizen and one alien parent to reside in the United States for 5 years continuously immediately preceding its eighteenth birthday (or from a date prior to its thirteenth birthday), and to take an oath of allegiance within 6 months after its twenty-first birthday, while the child of two alien parents, one of whom later becomes naturalized, does not have to begin to reside in the United States until just previous to its sixteenth birthday and is not required to take the oath of allegiance. Citizenship begins 5 years after permanent residence starts.

Legislation by which children have acquired citizenship of the United States through their parents has always fixed the age at 21 years, before which time the child must have taken up its residence in the United States. Under prior laws, citizenship was acquired automatically by children if they were residing permanently in the United States and were under 21 years of age at the time of the naturalization of the parents, or began to reside permanently in the United States after the naturalization of a parent and while under the age of 21 years (sec. 2172, U. S. R. S.; and sec. 5, act of March 2, 1907, 34 Stat. 1229; U. S. C., title 8, secs. 7 and 8). Under such automatic provisions children became naturalized without having to comply with the usual requirements. Citizenship status was determined automatically by the law itself.

Under the proposed provision, the same automatic process has been retained but the age limit has been reduced to 18 years. This is for the reason that the law has recognized an alien who is 18 years of age as sufficiently mature to make a declaration of intention, thus initiating independent steps toward becoming a naturalized citizen. This age is also recognized in many countries of the world as that at which an individual is sufficiently mature to be subject to military service. Should a child who would otherwise be eligible to citizenship of the United States under this proposed section fail to come to the United States before reaching the age of 18 years or should the alien parent fail to become naturalizėd within that time, the child would be able to initiate independent naturalization proceedings after reaching the age of 18 years by making his own declaration of intention to become a citizen.

Sec. 313.-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 States upon fulfillment of the following conditions:

(a) The naturalization of both parents; or

(b) The naturalization of the surviving parent if one of the parents is deceased; or

(c) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents; and if

(d) Such naturalization takes place while such child is under the age of eighteen years; and

(e) Such child is residing in the United States at the time of the naturalization of the parent last naturalized under subsection (a) of this section, or the parent naturalized under subsection (b) or (c) of this section, or thereafter begins to reside permanently in the United States while under the age of eighteen years.

Proposed section 313 provides for the acquisition of citizenship of the United States by a child born outside of this country of alien parents, or of an alien parent and a citizen parent who has lost citizenship. The following alternative conditions are, among others, prescribed:

(1) The naturalization of both parents; or

(2) The naturalization of the surviving parent if one of the parents is deceased; or

(3) The naturalization of the parent having legal custody of the child where there has been a legal separation of the parents.

This last stated condition is one which has already received official recognition (37 Op. Atty. Gen. 90 (1928): In re Lazarus, 24 F. (2d) 243). Other conditions which must be fulfilled are that (1) the naturalization of the parent or parents must take place while the child is under the age of 18 years, and (2) such child must be residing in the United States at the time of the naturalization of the parent last naturalized, or of the surviving parent where one is deceased or the parent having legal custody of the child in case of a legil separation, or the child begins thereafter to reside permanently in the United States while under the age of 18 years.

The foregoing provisions are a modification of the present law, designed to make it more definite, and changing the age limit from 21 to 18 years (sec. 2172, U. S. R. S.; U. S. C., title 8, sec. 7; and sec. 5, act of March 2, 1907, as amended; as amended by sec. 2, act of May 24,1934, 48 Stat. 797; U. S. C., title 8, sec. 8).

As was stated in commenting upon proposed section 312, the present act of 1934 provides that the citizenship of a child born outside of the United States of alien parents shall not begin until 5 years after the minor child commences to reside permanently in the United States. The limitation of automatic naturalization to children under the age of 18 years as proposed by this section has been fixed for the reasons discussed under proposed section 312.

Sec. 314. A child born outside of the United States, one of whose parents is at the time of petitioning for the naturalization of the child, a citizen of the United States, either by birth or naturalization, may be naturalized if under the age of eighteen years and not otherwise disqualified from becoming a citizen and is residing permanently in the United States with the citizen parent, on the petition of such citizen parent, without a declaration of intention, upon compliance with the applicable procedural provisions of the naturalization laws.

The situation occasionally arises in which one parent of a child born outside of the United States is a citizen or becomes a citizen of the United States, while the other parent during the continuance of the marital status does not for some reason become a citizen. It is felt that the foreign-born child of such a union should not be deprived of the opportunity of becoming a citizen if the citizen parent is favorable to its acquisition of such status. Proposed section 314, therefore, would permit the citizen parent to petition for the naturalization of such a child under the age of 18 years, if otherwise qualified, and residing in the United States with the citizen parent.

Because of the age of the child, a declaration of intention would appear to be unnecessary if the other procedural requirements are followed by the parent. Sec. 315.-An adopted child may, if not otherwise disqualified from becoming a citizen, be naturalized before reaching the age of eighteen years upon the petition of the adoptive parent or parents if the child has resided continuously in the United States for at least two years immediately preceding the date of filing such petition, upon compliance with all the applicable procedural provisions of the naturalization laws, if the adoptive parent or parents are citizens of the United States, and the child was:

(a) Lawfully admitted to the United States for permanent residence; and (b) Adopted in the United States before reaching the age of sixteen years; and

(c) Adopted and in the legal custody of the adoptive parent or parents for at least two years prior to the filing of the petition for the child's naturalization.

There is, according to an opinion of the Attorney General, dated June 17, 1935, no provision of present law by which an alien adopted child may be naturalized through the act of the adoptive parent. The adoption laws make it possible for foster parents to have the adopted child recognized in almost every other respect

as though it were the own child of the foster parents. The fact of adoption is usually an indication of a degree of affection on the part of the adoptive parents justifying the recognition of the relationship of parent and child under the naturalization laws.

Precaution, however, must be taken to prevent adoption proceedings from being used for ulterior purposes in creating citizenship status. The child must, therefore, conform to the following conditions if it is to receive the benefits of this proposed section: The child must have resided continuously in the United States for at least 2 years immediately preceding the filing of the petition; must have been lawfully admitted to the United States for permanent residence; must have been adopted in the United States before reaching the age of 16 years; must have been adopted and in the legal custody of the adoptive parent or parents for at least 2 years prior to the filing of the petition; and the child must be under the age of 18 years.

Sec. 316.

FORMER CITIZENS OF THE UNITED STATES

(a) A person who was born a citizen of the United States or who otherwise acquired citizenship of the United States, and who prior to September 22, 1922, lost United States citizenship by marriage to an alien or by the spouse's loss of United States citizenship, and any person who lost United States citizenship on or after September 22, 1922, by marriage, to an alien ineligible to citizenship, may, if no other nationality was acquired by affirmative act other than such marriage, be naturalized upon compliance with all requirements of the naturalization laws with the following exceptions:

(1) No declaration of intention and no certificate of arrival shall be required, and no period of residence within the United States or within the State where the petition is filed shall be required.

(2) The petition need not set forth that it is the intention of the petitioner to reside permanently within the United States.

(3) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner.

(4) The petition may be heard at any time after filing if there is attached to the petition at the time of filing a certificate from a naturalization examiner stating that the petitioner has appeared before such examiner for examination.

Such person shall have, from and after the naturalization, the same citizenship status as that which existed immediately prior to its loss. Proposed section 316 (a) is substantially a continuance of that portion of the Cable Act of 1922, as amended, which provides for the expeditious reacquisition of previous citizenship status by certain former United States citizens. It is somewhat broader than the 1922 act, as amended, which would confine its application to women other than those whose United States citizenship originated solely by reason of marriage to a citizen of the United States or the acquisition of United States citizenship by her husband. The proposed draft would include not only women who were citizens of the United States at birth but those who otherwise acquired it and lost it prior to September 22, 1922. It includes the case of a citizen whose former citizenship was lost prior to the Cable Act by marriage to an alien, or by the loss by the spouse of United States citizenship. It also includes the case of a person who lost citizenship on or after the adoption of the Cable Act by marriage to an alien ineligible to citizenship (sec. 4, act of September 22, 1922, as amended by sec. 2, act of July 3, 1930, 46 Stat. 854; U. S. C., title 8, sec. 369. as amended by sec. 4(a), act of March 3, 1931, 46 Stat. 1511-1512; U. S. C., title 8, secs. 363a and 369a).

In such cases, if no other nationality was acquired by affirmative act, the petitioner may be relieved of the requirements as to the declaration of intention, certificate of arrival, period of residence within the United States or the local political subdivision, allegation of an intent to reside permanently within the United States, filing the petition in the court within the naturalization jurisdiction in which the petitioner resides, and waiting the usual lapse between the time of filing the petition and the final hearing.

(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 is believed to have Jost her United States citizenship solely by reason of her marriage prior to September 22, 1922, to an alien, and whose marital status with such alien