January 25, 2012 The Immigration and Naturalization Service Site Listings Delineates a difference exists between Native

and Natural Born Citizens as also they differ from Naturalized Citizens.
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TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)

Updated through November 30, 2010 Posted December, 2010

Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION), (Amended 6/13/03; 68 FR 35273 ) (Amended 2/28/03; 68 FR 9824 )

SUBCHAPTER A -- GENERAL PROVISIONS

8 CFR PART 1 8 CFR PART 2 8 CFR PART 3

Definitions (Note: Part 1 is duplicated in 8 CFR, Chapter V, as part 1001.1 ) Authority of the Secretary of Homeland Security (Heading revised 3/6/03; 68 FR 10922 ) Executive Office for Immigration Review (Note: Part 3 was added 2/28/03; 68 FR

9824 ; previous part 3 was redesignated as part 1003 )

SUBCHAPTER B -- IMMIGRATION REGULATIONS

8 CFR PART

Statement of organization

100 8 CFR PART 101 8 CFR PART 103 8 CFR PART 109 8 CFR PART 204 8 CFR PART 205 8 CFR PART 207 8 CFR PART 208 8 CFR PART 209 8 CFR PART 210 8 CFR PART 210a 8 CFR PART 211 8 CFR PART 212 8 CFR PART 213 8 CFR PART 213a

Presumption of lawful admission (Note: Part 101 is duplicated in Chapter V, part

1001, 2/28/03; 68 FR 9824 )

Powers and duties; availability of records (Heading revised 3/6/03; 68 FR 10922 )

[Reserved]

Immigrant petitions Revocation of approval of petitions (Note: Part 205 is duplicated in Chapter V of 8

CFR 1205, 2/28/03; 68 FR 9824 )

Admission of refugees (Note: Section 207.3 is duplicated in Chapter V, 1207.3,

2/28/03; 68 FR 9824 ) Procedures for Asylum and withholding of removal (Note: Part 208 is duplicated in Chapter V, 8 CFR Part 1208, 2/28/03; 68 FR 9824 ) (Part revised effective 4/1/97; 62 FR 10312 )
Adjustment of status of refugees and aliens granted asylum (Note: Part 209 is duplicated in Chapter V, 8 CFR Part 1209, 2/28/03; 68 FR 9824 ) Special agricultural workers

[Removed] Documentary requirements: Immigrants; waivers (Note: Section 211.4 is duplicated

in Chapter V, 8 CFR 1211.4, 2/28/03; 68 FR 9824 )(Part 211 revised effective 4/1/97; 62 FR 10312 )
Documentary requirements: Nonimmigrants; waivers; admission of certain inadmissible aliens; parole (Note: Part 212 is duplicated in Chapter V, 8 CFR part

1212, 2/28/03; 68 FR 9824 )

Admission of aliens on giving bond or cash deposit Affidavits of support on behalf of immigrants (Part 213a added effective 12/19/97; 62 FR 54346 )

8 CFR PART 214 8 CFR PART 215 8 CFR PART 216 8 CFR PART 217 8 CFR PART 221 8 CFR PART 223 8 CFR PART 223a 8 CFR PART 231 8 CFR PART 232 8 CFR PART 233 8 CFR PART 234 8 CFR PART 235 8 CFR PART 236 8 CFR PART 237 8 CFR

Nonimmigrant classes Controls of aliens departing from the United States (Note: Part 215 is duplicated in

Chapter V, 8 CFR Part 1215, 2/28/03; 68 FR 9824 )

Conditional basis of lawful permanent residence status (Note: Part 216 is duplicated

in Chapter V, 8 CFR Part 1216, 2/28/03; 68 FR 9824 )

Visa waiver program (Heading revised 2/21/02; 67 FR 7943 ) (Heading revised effective 6/6/05; 70 FR 17820 ) Admission of visitors or students

Reentry permits, refugee travel documents, and advance parole documents

[Removed]

Arrival and Departure Manifests (Heading revised effective 6/6/05; 70 FR 17820 )

Detention of aliens for physical and mental examination

Contracts with transportation lines

Designation of ports of entry for aliens arriving by civil aircraft Inspection of persons applying for admission (Note: Part 235 except 235.7 is

duplicated in Chapter V, 8 CFR Part 1235, 2/28/03; 68 FR 9824 )

Apprehension and detention of inadmissible and deportable aliens; removal of aliens ordered removed (Note: Part 236 is duplicated in Chapter V, 8 CFR Part

1236, 2/28/03; 68 FR 9824 )(Part 236 revised effective 4/1/97; 62 FR 10312 )

[Reserved] Expedited removal of aggravated felons (Note: Section 238.1 is duplicated in

PART 238 8 CFR PART 239 8 CFR PART 240 8 CFR PART 241 8 CFR PART 242 8 CFR PART 243 8 CFR PART 244 8 CFR PART 245 8 CFR PART 245a 8 CFR PART 246 8 CFR PART 247 8 CFR PART 248 8 CFR PART 249 8 CFR PART 250 8 CFR

Chapter V, 8 CFR 1238.1, 2/28/03; 68 FR 9824 )(Part 238 added effective 4/1/97, previous Part 238 was redesignated as Part 233; 62 FR 10312 ) Initiation of removal proceedings (Note: Part 239 is duplicated in Chapter V, 8 CFR Part 1239, 2/28/03; 68 FR 9824 )(Part 239 added effective 4/1/97, previous Part 239 redesignated as Part 234; 62 FR 10312 )
Proceedings to determine removability of aliens in the United States Apprehension and detention of aliens ordered removed (Note: Part 241 is

duplicated in Chapter V, 8 CFR Part 1241, 2/28/03; 68 FR 9824 )(Part 241 revised effective 4/1/97; 62 FR 10312 )
[Reserved]

[Reserved] Temporary protected status for nationals of designated states (Note: Part 244 is

duplicated in Chapter V, 8 CFR Part 1244, 2/28/03; 68 FR 9824 )(Sections 240.1 240.20 redesignated as 244.1 - 244.20 effective 4/1/97, previous 244.1 and 244.2 removed; 62 FR 10312
Adjustment of status to that of person admitted for permanent residence (Note: Part

245 is duplicated in Chapter V, 8 CFR Part 1245, 2/28/03; 68 FR 9824 )

Adjustment of status to that of persons admitted for lawful temporary or permanent resident status under Section 245A of the Immigration and Nationality Act. Rescission of adjustment of status (Note: Part 246 is duplicated in Chapter V, 8

CFR Part 1246, 2/28/03; 68 FR 9824 )(Part 246 revised effective 4/1/97; 62 FR 10312 )
Adjustment of status of certain resident aliens

Change of nonimmigrant classification Creation of records of lawful admission for permanent residence (Note: Part 249 is

duplicated in Chapter V, 8 CFR Part 1249, 2/28/03; 68 FR 9824 )

Removal of aliens who have fallen into distress

Arrival and departure manifests and lists:supporting documents (Heading revised

PART 251 8 CFR PART 252 8 CFR PART 253 8 CFR PART 258 8 CFR PART 264 8 CFR PART 265 8 CFR PART 270 8 CFR PART 271 8 CFR PART 273 8 CFR PART 274 8 CFR PART 274a 8 CFR PART 280 8 CFR PART 282 8 CFR PART 286 8 CFR PART

effective 6/6/05; 70 FR 17820 )

Landing of alien crewmen

Parole of alien crewmen

Limitations on performance of longshore work by alien crewmen

Registration and fingerprinting of aliens in the United States

Notices of address Penalties for document fraud (Note: Part 270 is duplicated in Chapter V, 8 CFR Part

1270, 2/28/03; 68 FR 9824 )

Diligent and reasonable efforts to prevent the unauthorized entry of aliens by the owners of railroad lines, international bridges or toll roads Carrier responsibilities at foreign ports of embarkation; reducing, refunding, or waiving fines under section 273 of the act (Part 273 added effective June 1, 1998; 63 FR 23643 ) Seizure and forfeiture of conveyances Control of employment of aliens (Part 274a duplicated in Chapter V, 8 CFR part

1274a, 2/28/03, 68 FR 9824 )

Imposition and collection of fines (Part 280 duplicated in Chapter V, 8 CFR 1280,

2/28/03; 68 FR 9824 )
[Removed]

Immigration user fee Field officers; powers and duties (Note: Sections 287.4 and 287.6 are duplicated in

Chapter V, 1287.4 and 1287.6, 2/28/03; 68 FR 9824 )

287 8 CFR PART 289 8 CFR PART 292 8 CFR PART 292a 8 CFR PART 293 8 CFR PART 299

American Indians born in Canada Representation and appearances (Note: Part 292 is duplicated in Chapter V, 8 CFR

Part 1292, 2/28/03; 68 FR 9824 )

[Removed]

Deposit of and interest on cash received to secure immigration bonds

Immigration forms

SUBCHAPTER C -- NATIONALITY REGULATIONS

8 CFR PART 301 8 CFR PART 306 8 CFR PART 310 8 CFR PART 312 8 CFR PART 313 8 CFR PART 315 8 CFR PART 316 8 CFR PART 318

Nationals and citizens of the United States at birth

Special classes of persons who may be naturalized: Virgin Islanders

Naturalization authority

Educational requirements for naturalization

Membership in the communist party or any other totalitarian organizations

Persons ineligible to citizenship: exemption from military service

General requirements for naturalization

Pending removal proceedings

8 CFR PART 319 8 CFR PART 320 8 CFR PART 322 8 CFR PART 324 8 CFR PART 325 8 CFR PART 327 8 CFR PART 328 8 CFR PART 329 8 CFR PART 330 8 CFR PART 331 8 CFR PART 332 8 CFR PART 333 8 CFR PART 334 8 CFR PART 335 8 CFR

Special classes of persons who may be naturalized: Spouses of United States citizens

Child born outside the United States and residing permanently in the United States; requirements for automatic acquisition of citizenship (Part 320 added 6/13/01; 66 FR 32138 ) Child born outside the United States; requirements for application for certificate of citizenship (Revised 6/13/01; 66 FR 32138 )
Special classes of persons who may be naturalized: Women who have lost United States citizenship by marriage and former citizens whose naturalization is authorized by private law Nationals but not citizens of the United States; Residence within outlying possessions Special classes of persons who may be naturalized: Persons who lost United States citizenship through service in armed forces of foreign country during World War II

-Special Classes of Persons who may be Naturalized: Persons with 1 Year of Service in the United States Armed Forces (Heading revised effective 2/18/10; 75 FR 2785 ) Special classes of persons who may be naturalized: Persons with active duty or certain ready reserve service in the united states armed forces during specified periods of hostilities Part heading revised effective(2/18/10; 75 FR 2785 )
Special classes of persons who may be naturalized: Seamen

Alien enemies; Naturalization under specified conditions and procedures

Naturalization administration

Photographs

Application for naturalization

Examination on application for naturalization Hearings on denials of applications for naturalization

PART 336 8 CFR PART 337 8 CFR PART 338 8 CFR PART 339 8 CFR PART 340 8 CFR PART 341 8 CFR PART 342 8 CFR PART 343 8 CFR PART 343a 8 CFR PART 343b 8 CFR PART 343c 8 CFR PART 349 8 CFR PART 392 8 CFR PART 499 8 CFR PART

Oath of allegiance (Note: part 337 is duplicated in Chapter V, 8 CFR Part 1337,

2/28/03; 68 FR 9824 )
Certificate of naturalization

Functions and duties of clerks of court regarding naturalization proceedings

Revocation of naturalization

Certificates of citizenship

Administrative cancellation of certificates, documents, or records Certificate of naturalization or repatriation; persons who resumed citizenship under section 323 of the Nationality Act of 1940, as amended, or section 4 of the Act of June 29, 1906 Naturalization and citizenship papers lost, mutilated, or destroyed; new certificate in changed name; certified copy of repatriation proceedings

Special certificate of naturalization for recognition by a foreign state

Certifications from records

Loss of nationality Special classes of persons who may be naturalized: Persons who die while serving on active duty with the United States armed forces during certain periods of hostilities Nationality forms Alien Terrorist Removal Procedures (Transferred to 28 CFR Part 200, 2/28/03; 68 FR 9824 ) (Added effective 3/22/99; 64 FR 8478 )

507
CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE (Chapter V added 2/28/03; 68 FR 9824 ) Subchapter A--General Provisions

8 PART 1001 8 PART 1003

Definitions (Amended 5/12/06; 71 FR 27585 ) Executive Office for Immigration Review

Subchapter B--Immigration Regulations

8 PART 1101 8 PART 1103 8 PART 1204 8 PART 1205 8 PART 1207 8 PART 1208 8 PART 1209 8 PART 1211 8 PART 1212 8 PART 1214 8 PART 1215 8 PART 1216 8 PART 1235 8 PART 1236 8 PART 1238

Presumption of lawful admission Appeals, records, and fees Immigrant petitions Revocation of approval of petitions (Amended effective 7/21/06; 71 FR 35732 ) Admission of refugees Procedures for asylum and withholding of removal (Part 1208 amended effective 4/1/04; 70 FR 4743 )(Part 1208 amended effective 12/29/04; 69 FR 69490 ) Adjustment of status of refugees and aliens granted asylum Documentary requirements: immigrants; waivers Admission of certain inadmissible aliens;parole (Part 1212 amended effective 12/29/04; 69 FR 69490 )(Part 1212 amended effective 10/28/04; 69 FR 57826 ) Review of nonimmigrant classes Controls of aliens departing from the United States Conditional basis of lawful permanent residence status Inspection of persons applying for admission Apprehension and detention of inadmissable and deportable aliens; removal of aliens ordered removed Expedited removal of aggravated felons

8 PART 1239 8 PART 1240 8 PART 1241 8 PART 1244 8 PART 1245 8 PART 1246 8 PART 1249 8 PART 1270 8 PART 1274a 8 PART 1280 8 PART 1287 8 PART 1292 8 PART 1299

Initiation of removal proceedings Proceedings to determine removability of aliens in the united states Apprehension and detention of aliens ordered removed (Part 1241 is amended effective 2/4/04; 70 FR 661 ) Temporary protected status for nationals of designated states Adjustment of status to that of person admitted for permanent residence (Amended 5/12/06; 71 FR 27585 ) Rescission of adjustment of status Creation of records of lawful admission for permanent residence Penalties for document fraud Control of employment of aliens Imposition and collection of fines Field officers; powers and duties Representation and appearances Immigration review forms (Part added 2/28/03; 68 FR 9824 )

Subchapter C--Nationality Regulations

8 PART 1337

Oath of allegiance

8 CFR: SUBCHAPTER A -- GENERAL PROVISIONS

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Sec. 324.2 Former citizen at birth or by naturalization.

(a) Eligibility. To be eligible for naturalization under Section 324(a) of the Act, an applicant must establish that she:

(1) Was formerly a United States citizen;

(2) Lost or may have lost United States citizenship:

(i) Prior to September 22, 1922, by marriage to an alien, or by the loss of United States citizenship of the applicant's spouse; or

(ii) On or after September 22, 1922, by marriage before March 3, 1931 to an alien ineligible to citizenship;

(3) Did not acquire any other nationality by affirmative act other than by marriage;

(4) Either:

(i) Has resided in the United States continuously since the date of the marriage referred to in paragraph (a)(2) of this section; or

(ii) Has been lawfully admitted for permanent residence prior to filing an application for naturalization;

(5) Has been and is a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States, for the period of not less than five years immediately preceding the examination on the application for naturalization up to the time of admission to citizenship; and

(6) Complies with all other requirements for naturalization as provided in part 316 of this chapter, except that:

(i) The applicant is not required to satisfy the residence requirements under 316.2(a)(3) through (a)(6) of this chapter; and,

(ii) The applicant need not set forth an intention to reside permanently within the United States.

(b) Application . An applicant for naturalization under this section must submit an application on the form designated by USCIS in accordance with the form instructions and with the fee prescribed in 103.7(b)(1) as required by 8 CFR 316.4. The application must be accompanied by a statement describing the applicant's eligibility as provided in paragraph (a) of this section as well as any available documentation to establish those facts. (Amended effective 11/28/11; 76 FR 53764 )

\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 324 -- SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: WOMEN WHO HAVE LOST UNITED STATES CITIZENSHIP BY MARRIAGE AND FORMER CITIZENS WHOSE NATURALIZATION IS AUTHORIZED BY PRIVATE LAW. \ Sec. 324.2 Former citizen at birth or by naturalization. Previous Document Next Document

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Interpretation 324.2 Reacquisition of citizenship lost by marriage.

(a) (b) (c) Repatriation Naturalization. Effect of expatriation reversals under Afroyim v. Rusk upon derivative citizenship rights.

(a) Repatriation . (1) Before and under the 1907 statute . A United States citizen woman who expatriated herself under the circumstances set forth in INTERP 324.1 could regain her citizenship prior to the Act of March 2, 1907, even though that statute was the first enactment which provided for such restoration of status. Citizenship lost in accordance with the principles recognized by the Service prior to the 1907 Act was resumed upon termination of the marriage before September 22, 1922, provided the expatriate was then residing in the United States. 26/ If such expatriate resided abroad at termination time, resumption occurred upon her return to the United States for permanent residence prior to September 22, 1922, 27/ or upon her registration as a United States citizen before a United States consular officer subsequent to March 1, 1907, and within one year after termination of the marriage. Citizenship lost under the 1907 statute was resumed under the same conditions set forth above, except that the expatriate who resided in the United States when the marriage was terminated reacquired status only upon a continuance of such residence for at least a short period beyond the termination date of the marriage. 28/ The statutes did not provide for any procedure whereby a person repatriated in accordance with the above principles could secure an official document as evidence of that fact.

(2) Act of June 25, 1936 . (i) R esumption provisions . The Act of September 22, 1922, 29/ repealed the above resumption provisions of the 1907 statute without disturbing status regained thereunder, and statutory authority for the repatriation of citizen women expatriated through marriage ceased to exist until the enactment of legislation in 1936. 30/ Under the 1936 enactment, any woman, irrespective of her race or that of her husband, who had acquired citizenship at birth within or without the United States, but who, on June 24, 1836, no longer had such status because of expatriation prior to September 22, 1922, under the conditions specified in INTERP 324.1,was restored to citizenship on June 25, 1936, if her marriage had terminated on or before that date; or upon the termination of her marriage thereafter, on a date prior to January 13, 1941. 31/

Lacking termination of the marriage, as above, citizenship was resumed on July 2, 1940, if the expatriate had resided continuously 32/ in the United States since the date of the marriage. 33/ (ii) Effect of oath of allegiance . The above 1936 Act, in its original and amended forms, made provision for the oath of allegiance 34/ to be taken before a naturalization court or a legation or embassy secretary. Although some courts have held otherwise, 35/ the Service, supported by substantial authority, has taken the position that a woman contemplated by these statutory provisions was automatically reinvested with United States citizenship by operation of law, irrespective of whether or not the oath was taken. However, while the taking of the above oath was not a condition precedent to the vesting of citizenship, such action was necessary before the repatriated women might claim or exercise any rights as citizens. 36/ (3) Nationality Act of 1940; Immigration and Nationality Act . (i) Applicability . The 1936 statute, as amended, was repealed by the Nationality Act of October 14, 1940, which, in turn, was superseded by the current statute; however citizenship restored under the 1936 Act, and the right to take the oath of allegiance thereunder before a naturalization court, were not affected by the later enactments. 37/ Moreover, there were included in section 317(b) of the Nationality Act of 1940, and in current section 324 almost identical provisions providing for the restoration of citizenship to women who would have been repatriated by the 1936 Act, as amended, had their marriages terminated prior to January 13, 1941, or, lacking that factor, had maintained continuous United States residence since that date of the marriage. Termination of the marriage to an alien continued to be a requirement of the Nationality Act of 1940 and the present law but, under both statutes, the event must have occurred on or after January 13, 1941. The repatriation provisions of these two most recent enactments also apply to a native- and natural-born citizen woman who expatriated herself by marriage to an alien racially ineligible to citizenship, a category of expatriate not covered by the earlier 1936 legislation. (ii) Effect of oath of allegiance . Unlike the 1936 enactment, the 1940 statute required and the

current law requires as a specific prerequisite to the actual restoration of citizenship status, the taking of the oath of allegiance. (iii) Proscription of subversives . Current section 324(c) may be distinguished from section 317(b) of the 1940 Act in that, under the present law, specific provision is made to disqualify subversive persons specified in section 313, 38/ whereas under the earlier statute it was held administratively that the somewhat similar restrictions set forth in section 305 of that statute, as amended, applied. 39/ (4) Nature of marriage termination requirement . This requirement within the meaning of all the statutes did and does contemplate the complete dissolution of the martial status by judicial divorce or the death of the alien husband. Thus, when marriage to an alien husband ended, in the sense that he ceased to be an alien by reason of naturalization during coverture, the requirement is not satisfied.

However, if marriage to an alien was terminated in accordance with the above requirement, a subsequent marriage to the same or a different alien after September 21, 1922, other that a marriage to an alien racially ineligible to naturalization contracted prior to March 3, 1931, did not adversely affect eligibility under the 1936 statute, even though the second marriage was valid and subsisting on June 25, 1936. (5) No foreign nationality acquired . Under the Nationality Act of 1940, as well as the present law, the repatriate must make a showing that no foreign nationality had been acquired by her affirmative act. Moreover, although this express requirement of the two most recent enactments was not found in the 1936 statute, the woman who applied to take the oath of allegiance thereunder was required by the Service to furnish testimony which, in effect, established that she had not acquired a foreign nationality in the manner stated. The acquisition of a foreign nationality within the above context does not contemplate citizenship automatically conferred by operation of law through marriage to an alien, as discussed earlier in this interpretation, but rather has reference to other affirmative action taken by a woman to gain recognition as a citizen of a foreign state. 40/ (6) Good faith oath of allegiance requirement . A person who has been restored to citizenship by the Act of June 25, 1936, as amended by the Act of July 2, 1940, and applies to take the oath of allegiance in order to regain the rights and privileges of citizenship, or a former citizen who applies for repatriation under current section 324(c), is required to be questioned to determine whether she intends in good faith to discharge the obligations of the oath of allegiance and whether her attitude toward the Constitution and Government of the United Stat es renders her capable of fulfilling the obligations of the oath. If the intention in good faith or the required attitude is not established, an objection to the taking of the oath or to the repatriation shall be made on the ground that the applicant is unable to take the prescribed oath of allegiance. Shortly before enactment of the present legislation, the good faith and proper attitude described above were also required of applicants who sought repatriation by taking the oath of allegiance pursuant to section 317(b) of the Nationality Act of 1940. 41/ (7) Restoration of citizenship is prospective . Restoration to citizenship under any one of the

three statutes is not regarded as having erased the period of alienage that immediately preceded it. The words "shall be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922", as they appeared in the 1936 and 1940 statutes, are prospective and restore the status of native-born or naturalborn citizen (whichever existed prior to the loss) as of the date citizenship was reacquired. (8) Evidence of repatriation . An application who has been restored to citizenship under the provisions of the 1936 Act, the Nationality Act of 1940, or the current section is not entitled to receive a certificate of naturalization such as is usually issued by the clerk of court. 42/ The respective statutes provide, however, that the above repatriate may receive from the clerk, a certified copy of the proceedings in court, which is acceptable as evidence of the regained status. If the proceedings were conducted abroad, a similar document may be secured from the United States consul.

(b) Naturalization . At one time or another since September 22, 1922, women who expatriated themselves under the circumstances set forth in INTERP 324.1 have been able to regain citizenship by means of a simplified form of naturalization, if for any reason status had not been restored to them in accordance with the principles outlined in INTERP 324.2(a). Generally, the statutes authorizing the above naturalization procedures 43/ modified or accorded exemptions from the usual naturalization provisions requiring a declaration of intention, United States residence, lawful entry for permanent residence, residence within the jurisdiction of the court, and the petitioner's intention to reside permanently in the United States. The above 1922 legislation, in its original form, provided only for the naturalization of a citizen wife who had lost her status solely by marriage to an alien eligible for citizenship and expressly prohibited naturalization during continuance of the marital status if the husband lacked such eligibility. 44/ The naturalization privilege was extended by the above 1930 amendment to include a woman who had undergone expatriation as a result of her husband's loss of United States citizenship during subsistence of their marriage. The 1931 Act cited above not only repealed the restrictive provisions of section 5 of the original 1922 enactment, mentioned above, but it also extended the scope of the earlier legislation by providing for the naturalization of those women who lost citizenship by residence abroad following marriage to an alien or by marriage to an alien racially ineligible to citizenship. In addition, it sanctioned the naturalization of those women, formerly citizens at birth, who were otherwise racially ineligible, but pr ecluded restoration of status to any women whose citizenship originated by marriage or the naturalization of a husband. 45/ The last mentioned restriction was not continued in the Nationality Act of 1940, nor was naturalization of racially ineligible women thereunder limited to those who had acquired status at birth. With such exceptions, the 1940 enactment contained substantially the same provisions as the 1922 Act following its final amendment in 1931, and somewhat comparable provisions are included in current section 324(a). A petitioner for naturalization under all of the foregoing statutes was required to establish that a

foreign nationality had not been acquired by her affirmative act, a requisite that has been considered in connection with repatriation under INTERP 324.2(a).

The effect of naturalization under the above statutes was not to erase the previous period of alienage, but to restore the person to the status if naturalized, native, or naturalborn citizen, as determined by her status prior to loss.
(c) Effect of expatriation reversals under Afroyim v. Rusk upon derivative citizenship rights . Prior to the decision in Afroyim v. Rusk, children were held to have derived United States citizenship as a result of a parent's reacquisition of citizenship in one of the ways described in INTERP 324.2 (a) and (b) above. Whether such reacquisitions of citizenship have ceased to have validity as naturalizations for derivative citizenship purposes, because the findings of expatriation by marriage which made them necessary have been reversed under the Afroyim principle, is a question considered in INTERP 32 0.1(e)(2).

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{Enlargement and underling of relevant passage wording. As of January 25, 2012, 451 PM Pacific Time, these resources were as I found them and the links source their origins as with the Immigration and Naturalization Service as of this time and date. -- Brianroy}