A-10703284
Decided by Regional Commissioner April 17, 1958 Approved by Assistant Commissioner
Certificate of citizenship — Section 341 of the 1952 act — May not be issued where claim to citizenship is based on repatriation before American consul under act of August 16, 1951.
A person who was repatriated before an American consul in Italy pursuant to the provisions of the Act of August 16, 1951, after having lost United States citizenship by voluntarily voting in an Italian national election, may not be issued a certificate of citizenship under section 341 of the Immigration and Nationality Act nor any other provision of law.
APPLICATION:
Certificate of citizenship pursuant to the provisions of section 341 of the Immigration and Nationality Act.
BEFORE THE REGIONAL COMMISSIONER
Discussion: This case is on appeal from the decision of the District Director, Chicago, Illinois, dated November 27, 1957, denying the application for a certificate of citizenship for the reason that applicant had been repatriated abroad before an American consul.
Applicant acquired United States citizenship at birth abroad in Italy on August 12, 1925, her father, J---- F----, being then a United States citizen who had resided in the United States prior to applicant's birth. Applicant lost her United States citizenship on April 18, 1948, pursuant to the provisions of section 401 (e) of the Nationality Act of 1940, when she voluntarily voted in the Italian national election held on that date. She resumed her United States citizenship when she was repatriated before an American consul at Naples, Italy, on September 12, 1952, pursuant to the provisions of Public Law 114 (82d Congress, Act of August 16, 1951).
Certificates of citizenship may be issued by this Service pursuant to the provisions of section 341 of the Immigration and Nationality Act. The applicant is not eligible for a certificate under that section inasmuch as her present claim to citizenship arises from her repatriation before the American consul and not through the various provisions of law set forth in section 341 of the act. Furthermore, there is no other section of law permitting the issuance of a certificate to her. She is not eligible for a certificate under section 343 (a) of the act inasmuch as that section only applies to those who were naturalized under section 323 of the Nationality Act of 1940. Public Law 114 was not an amendment to section 323 of the Nationality Act of 1940.
Public Law 114 (82d Congress, Act of August 16, 1951) provided:
That a person who, while a citizen of the United States, has lost citizenship of the United States solely by reason of having voted in a political election or plebiscite held in Italy on June 2, 1946, or on April 18, 1948, and who has not subsequent to such voting committed any act which, had he remained a citizen, would have operated to expatriate him, may be naturalized by taking, prior to two years from the enactment of this Act, before any naturalization court specified in subsection (a) of section 301 of the Nationality Act of 1940, as amended, or before any diplomatic or consular officer of the United States abroad, the oaths prescribed by section 335 of the Nationality Act of 1940, as amended. Certified copies of such oaths shall be sent by such diplomatic or consular officer or such court to the Department of State and to the Department of Justice. Such persons shall have, from and after naturalization under this section, the same citizenship status as that which existed immediately prior to its loss: Provided, That no such person shall be eligible to take the oaths prescribed by section 335 of the Nationality Act of 1940, as amended, unless he shall first take an oath before any naturalization court specified in subsection (a) of section 301 of the Nationality Act of 1940, as amended, or before any diplomatic or consular officer of the United States abroad, that he has done nothing to promote the cause of communism. The illegal or fraudulent procurement of naturalization under this amendment shall be subject to cancellation in the same manner as provided in section 338 of the Nationality Act of 1940, as amended.
Certificates of naturalization, citizenship, or repatriation are not mentioned in Public Law 114. Nor is there anything in the legislative history of that act concerning the issuance of certificates to persons coming within its provisions. Under section 343 (e) of the Immigration and Nationality Act the Service may, if it becomes necessary, issue a certification of a naturalization record to the proper authorities for use in complying with any statute, State or Federal, or in any judicial proceeding. However, no such certification may be given to the naturalized person for his own use.
Since, in view of the foregoing, there is no authority for the Service to issue any evidence of citizenship directly to the applicant, her application for a certificate of citizenship must be denied.
Order: It is ordered that the decision of the district director denying the application for a certificate of citizenship be affirmed.