Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
So far as anything in the law goes to prevent, the immigrant can
make his way immediately from the vessel that brings him, after
the immigration authorities have admitted him to these shores, or
across the Canadian or the Mexican border, to the clerk’s office in
“any court having a clerk, a seal, and jurisdiction over actions at
law or equity, or law and equity, without limit as to amount,” and
within an hour of arrival file his declaration of intention to become
an American citizen. Of course, he doesn’t do that--unless in very
rare instances. The available statistics go to show that, in the
average case, he waits nearly seven (6.8) years.[69] But whenever he
files it, it will be good (unless some blunder of the clerk, or some
technical defect which the clerk overlooks, makes it invalid from the
outset) for seven years. It cannot be made the basis of a petition
for citizenship until two years after its date, and there must have
been, before or after its date, at least three years’ additional
residence in the United States to make up the required five years,
and the last year of the five must have been passed “continuously”
within the state or territory in which the final petition is filed.
Mr. Alien would better be very careful that his declaration is
properly made out, on the identical printed form furnished by the
Bureau of Naturalization; he must file it in the office of the
clerk, and not deliver it to him at his house or on the street
corner. He may not hear anything about this at the time; but seven
years afterward he may be brought up standing by the fact that
it is invalid because of just such a defect. In the case _in re_
Brefo (217 Fed., 131-134) it was held, in 1914, that a declaration
otherwise correct, but in typewriting, not on “the form furnished for
that purpose by the government,” was a “legal nullity.” Were such
an enormity permitted, the court said, there would be “an end to
uniformity”; government control and supervision could not exist! And
in the case _in re_ Langtry (31 Fed., 879), as long ago as 1887 the
court declared that the clerk had no authority to take acknowledgment
of declaration of intention at the home of an alien. Numerous other
cases in Pennsylvania, Illinois, Kentucky, North Carolina, Florida,
have settled the fact that the clerk’s office, or open court, is the
only place where a valid declaration can be filed.
If the clerk is without the proper blank forms, because he neglects
to keep himself supplied, or because the Naturalization Bureau at
Washington fails to heed his request for them, there is nothing for
the would-be declarant to do but go home--perhaps many, or in some
cases as much as two hundred and fifty miles--and subsequently try
again.
Public-domain text, read in full here on John Shaqi.
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