Public Law 83–86

That, notwithstand-ing the provisions of sections 310 (d) and 318 of the Immigration and

Noncitizens in Armed Forces.

66 Stat. 239, 244.

8 USC 1421, 1429.

Nationality Act, any person, not a citizen, who, after June 24, 1950, and not later than July 1, 1955, has actively served or actively serves, honorably, in the Armed Forces of the United States for a period or periods totaling not less than ninety days and who (1) having been lawfully admitted to the United States for permanent residence, or (2) having been lawfully admitted to the United States, and having been physically present within the United States for a single period of at least one year at the time of entering the Armed Forces, may be naturalized on petition filed not later than December 31, 1955, upon compliance with all the requirements of the Immigration and Nationality Act, except that—

Service in the Armed Forces of the United States may be proved by

Proof of service.

a duly authenticated copy of the record of the executive or military department having custody of the record of the petitioner’s service, showing that the petitioner is or was during the period or periods hereinbefore described a member serving actively and honorably in such forces and, if separated from such service, that he. was not separated under other than honorable conditions; or may be proved by affidavits, forming part of the petition, of at least two citizens of the United States, members of the Armed Forces of the United States, of the noncommissioned or warrant officer grade or higher (who may also be the witnesses described in subsection (b) of this section): Provided, however, That no period of service in the Armed Forces of the United States shall be made the basis of a petition for naturalization under this Act if the applicant has previously been naturalized on the basis of the same period of service.

Sec. 2.

Any person entitled to naturalization under section 1 of

Persons serving Outside court’s jurisdiction.

this Act may be naturalized while serving outside the jurisdiction of any naturalization court, upon compliance with applicable provisions of that section without appearing before any such court. The petition for naturalization of any such person shall be made and sworn to before, and filed with a representative of the Immigration and Naturalization Service designated by the Attorney General, which representative is hereby authorized to receive such petition, to conduct hearings thereon, to take testimony concerning any matter touching or in any way affecting the admissibility of such person for natu-ralization, to call witnesses, to administer oaths, including the oath of the petitioner and his witnesses to the petition and the oath

66 Stat. 238.

8 USC 1448.

prescribed by section 337 of the Immigration and Nationality Act and to grant naturalization and to issue certificates of naturalization: Provided, That the record of any proceedings hereunder shall be forwarded to and filed by the clerk of a naturalization court in the District designated by the petitioner and made a part of the record of such court.

Sec. 3.

Any person otherwise qualified for naturalization pursuant

Restrictions.

to section 1 or 2 of this Act who is or has been discharged under other than honorable conditions from the Armed Forces of the United States, or is discharged therefrom pursuant to an application for discharge made by him on the ground that he is an alien, or who is a conscientious objector who performs or performed no military duty whatever or refused to wear the uniform, shall not be entitled to the benefits of such section 1 or 2 of this Act: Provided, That citizenship granted pursuant to section 1 or 2 of this Act may be revoked in accordance with section 340 of the Immigration and Nationality

66 Stat. 260.

8 USC 1451.

Act if at any time subsequent to naturalization the person is separated from the Armed Forces of the United States under other than honorable conditions, and such ground for revocation shall be in addition to any other provided by law: Provided further, That for the purposes of section 340 (f) of the Immigration and Nationality Act, revocation on such ground shall be classified with revocatory action

66 Stat. 250.

8 USC 1440.

based on section 329 (c) of that Act. The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive or military department under which the person was serving at the time of separation.

Sec. 4.

When used in this Act, the term “United States” means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.