A-11192081
Decided by Regional Commissioner March 3, 1958 Approved by Assistant Commissioner
Citizenship — Acquisition at birth — Residence of parent for required period in territory which was possession of United States at any time prior to birth of child satisfies section 201 (g), Nationality Act of 1940, even though such territory was not United States possession at the time of the child's birth.
A child born in 1949 in the Philippine Islands whose father was naturalized as a United States citizen in October 1946, after having resided in the Philippines from 1913, the year of his birth, until July 4, 1946, the Philippine independence date, is held to have acquired United States citizenship at birth pursuant to section 201 (g) of the Nationality Act of 1940. As long as the citizen parent resided at any time (for the required period, prior to the birth of the child) in a territory which was then a United States possession, although it may not be a United States possession at the time of the child's birth, the requirement in section 201 (g) with respect to the parent's residence is satisfied.
BEFORE THE REGIONAL COMMISSIONER
Discussion: This case is under consideration as to the issuance of a certificate of citizenship to applicant. The issue involved is whether the residence of his father in the Philippine Islands may be considered as residence in a possession of the United States, so as to confer United States citizenship upon applicant under the provisions of section 201 (g) of the Nationality Act of 1940.
Aplicant's father, F---- Y----, was born in the Philippine Islands on May 11, 1913, and resided there until he came to continental United States in 1949. He has served honorably in the United States Armed Forces since May 19, 1934, either as a member of the Philippine Scouts or as a member of the regular United States Army, and was naturalized as a United States citizen on October 7, 1946, at Manila. Applicant's mother is also a native of the Philippine Islands. Applicant was born on July 7, 1949, at San Juan, Philippine Islands, and came to continental United States on June 27, 1956.
At the time of subject's birth, section 201 (g) of the Nationality Act, the pertinent law, provided in part:
SEC. 201. The following shall be nationals and citizens of the United States at birth: * * *
(g) 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 ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, the other being an alien * * *.
Section 101 (e) of the same act defined outlying possessions as all territory other than continental United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States, over which the United States exercised rights of sovereignty, except the Canal Zone.
The Philippine Islands were acquired by the United States by the Treaty of Paris with Spain dated December 10, 1898, and ratified April 11, 1899 ( 30 Stat. 1754). By the terms of the Treaty and subsequent acts (Acts of July 1, 1902 ( 32 Stat. 691); March 23, 1912 ( 37 Stat. 77); August 29, 1916 ( 39 Stat. 546)), citizens of the Philippine Islands were given certain rights or privileges as American nationals ( Toyota v. United States, 268 U.S. 402 (1925)). The United States exercised sovereignty over such islands until July 4, 1946, when, by Presidential proclamation (No. 2695 of July 4, 1946, 11 F.R. 7517), the Philippine Independence Act of March 24, 1934 ( 48 Stat. 456) became effective ( Cabebe v. Acheson, 183 F. (2d) 795 (C.A. 9, 1950); Rabang v. Boyd, 353 U.S. 427 (1957)). Consequently, until July 4, 1946, the Philippine Islands were a possession and territory over which the United States exercised rights of sovereignty. Applicant's father, therefore, resided in a United States possession for 33 years, from May 11, 1913 to July 4, 1946, five years of which were after attaining the age of 16. However, at the time of applicant's birth in 1949, the Philippine Islands were no longer a United States possession but were independent. Applicant was born outside the United States or one of its outlying possessions.
The issue in this case arises from the fact that the Philippine Islands were not a possession of the United States in 1949 at the time of the applicant's birth. In 1949, following literally the words contained in section 201 (g) of the Nationality Act of 1940, the father had not resided in a United States possession for 10 years, if a possession of the United States is construed to mean only that territory over which the United States in 1949 exercised sovereignty. It is not believed that Congress intended such restriction nor that construction of the statute in this manner is required. To give the proper effect to the construction of this section, inquiry must be made into the reason for establishing a residence period in the United States or one of its outlying possessions before the birth of the child, as a prerequisite to the acquisition of citizenship. Under the original statute, it was required that the citizen father reside in the United States (R.S., sec. 1993). As was pointed out in Weedin v. Chin Bow, 274 U.S. 657 (1927), a contrary construction would extend citizenship "to a generation whose birth, minority, and majority, whose education, and whose family life have all been outside of the United States and naturally within the civilization and environment of an alien country." Similarly, with respect to the adoption of section 201 (g), it was stated by the Congressional committee engaged in the revision and codification of the Nationality Laws of the United States (June 13, 1938):
This subsection is based upon section 1993 of the Revised Statutes, as amended by section 1 of the act of May 24, 1934 (48 Stat. pt. 1, 797). However, it embodies a modification of the provision last mentioned to make it better adapted to existing situations. On the one hand, it does not seem reasonable to confer citizenship at birth upon a foreign-born child having only one citizen parent unless the latter has resided in the United States before the child's birth at least 10 years. A foreign-born child whose citizen parent has not resided in this country as much as 10 years altogether is likely to be more alien than American in character.
The purpose of the 10-year period of residence was to place the person, through whom citizenship was to be acquired, in an environment which was American in character, so that such person would be subject to American influences and ideals and thereby be able to transmit such ideals to his progeny. This could be accomplished by residence in one of the outlying possessions as well as in territory geographically defined as part of the United States.
Applicant's father was subject to American influences and ideals during his residence in the Philippine Islands from 1913 to July 4, 1946, when those islands were possessions of the United States. Does the fact that the Philippine Islands became independent on the latter date divest him of such American influences and ideals? We believe the answer must be in the negative.
It is our view that a proper construction of section 201 (g) requires the adoption of the view that residence at any time in a territory which was a possession of the United States when such residence was maintained, is sufficient to comply with the residence provisions of section 201 (g). It is concluded, therefore, that applicant's father had the required residence under section 201 (g) so that applicant acquired United States citizenship at birth on July 7, 1949. A certificate of citizenship should be issued to applicant.
Order: It is ordered that the application of R---- B---- Y---- for a certificate of citizenship be granted.