56175/221
Decided by Board May 8, 1945
Citizenship — Child born abroad — Citizen parent's residence while abroad as member of the United States Army — Section 201 (g) of the Nationality Act of 1940.
A child born abroad after January 13, 1941, to an adult native-born citizen father and an alien mother, acquired United States citizenship under section 201 (g) of the Nationality Act of 1940, where, prior to the birth of said child, the citizen father had resided in the United States for 10 years, 5 of which after attaining the age of 16 years, it being considered that while on service abroad in the United States Army in the pursuit of his military duties, he was "residing" in the United States within the meaning of section 201 (g) supra.
EXCLUDED BY BOARD OF SPECIAL INQUIRY:
Act of 1924 — Immigrant without immigration visa.
BEFORE THE BOARD
Discussion: The applicant is a 4-month-old native of Canada, who applied on February 5, 1945, at Vancouver, Canada, for admission to the United States as an American citizen. He was found to be inadmissible by a Board of Special Inquiry on the ground stated above. He failed to appeal from that decision and the case is now before this Board for consideration and review of his claim to American nationality. The applicant was paroled pending final decision of the case.
The applicant was born at Vancouver, Canada, on October 1, 1944. The applicant's father was born at Estelline, Tex., on either March 14, 1922, or March 14, 1923. His certificate of marriage to the applicant's mother discloses that he was 21 years of age on the date of their marriage on December 11, 1943. The applicant's mother is a native and citizen of Canada.
The applicant's father enlisted in the United States Army at Amarillo, Tex., on June 21, 1941, at which time he was either 18 or 19 years of age. He was sent to White Horse, Canada, on October 19, 1942 (or 1943), and was attached to United States Army posts in Canada up to at least January 5, 1945. Due to a discrepancy in the dates furnished it is not possible from the instant record to determine whether the applicant's father had attained the age of 21 years prior to his being sent to Canada on United States Army Service. He had, however, attained the age of 21 years prior to the birth of the applicant.
Section 201 (g) of the Nationality Act of 1940 provides that the following shall be nationals and citizens of the United States:
A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States, who prior to the birth of such person, has had 10 years residence in the United States or one of its outlying possessions at least 5 of which were after attaining the age of 16 years, the other being an alien: * * *."
We are of the opinion that, for the purposes of section 201 (g) of the Nationality Act of 1940, a citizen of the United States who, while residing in this country, enlists or is inducted into the armed forces of the United States and as a member thereof is ordered to serve in a foreign country in pursuit of his military duties is to be considered as residing in this country during such tour of duty abroad and as the applicant's father is therefore deemed to have resided in the United States for 10 years, 5 of which were after his attainment of the age of 16 years, and all of which were prior to the birth of the applicant, the applicant is a citizen of the United States.
Findings of Fact: Upon the basis of all the evidence presented, it is found:
(1) That the applicant was born at Vancouver, Canada, on October 1, 1944;
(2) That the applicant has applied for admission to the United States as an American citizen;
(3) That the applicant's father is a native and citizen of the United States and his mother is a native and citizen of Canada;
(4) That the applicant's father resided in the United States for 10 years, prior to the birth of the applicant, 5 of which were after the attainment of the age of 16 years.Conclusions of Law: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That under section 201 (g) of the Nationality Act of 1940, the applicant is a citizen of the United States;
(2) That under section 13 of the Immigration Act of May 26, 1924, the applicant is not inadmissible to the United States on the ground that he is an immigrant not in possession of a valid immigration visa and not exempted from the presentation thereof by said Act or regulations made thereunder.Other Factors: The applicant's mother is accompanying him to the United States for permanent residence.
Order: It is ordered that the applicant be admitted to the United States as an American citizen.