Gambar halaman
PDF
ePub

United States, be considered as citizens thereof.-R. S.. sec. 2172; 6 Cranch, 176.

143. Declaration of intention. The declaration of intention to become a citizen of the United States does not make one a citizen, and the certificate of a court that such declaration has been made is not evidence of citizenship; but when any alien who has made the prescribed declaration dies before he is actually naturalized, the widow and children of such alien are considered as citizens of the United States upon taking the oaths prescribed by law.-R. S., secs. 2165, 2168.

144. Expatriation.-The right of expatriation is declared by section 1999 of the Revised Statutes, but the method by which a citizen may renounce his allegiance to the United States is not specifically provided by statute. It is, however, provided by treaties with certain countries (Appendix IV). Generally, for the purposes of this article, consular officers will not consider as citizens of the United States any who have voluntarily become naturalized or otherwise invested with citizenship in a foreign state.-R. S., sec. 1999.

145. Deserters.-All persons convicted by a court-martial or other court of competent jurisdiction of having deserted the military or naval service of the United States, and who did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President dated the 11th day of March, 1865, and who have not been relieved therefrom by act of Congress or otherwise, are deemed to have voluntarily relinquished and forfeited their rights of citizenship.-R. S., sec. 1996; 115 U. S.,

501.

PASSPORTS.

146. Who may issue.-Passports can be issued in the United States only by the Secretary of State. In foreign countries they may be issued, granted, and verified only by such diplomatic and consular officers of the United States and under

such rules as the President shall designate and prescribe; and no other person shall grant, issue, or verify any such passport.-R. S., sec. 4075.

147. By diplomatic officers.- Where a legation of the United States is established in any country, no person other than the diplomatic representative of the United States at such place shall be permitted to grant or issue any passport except in the absence therefrom of such representative.-R. S., sec. 4075.

148. By consulates.-No consulate-general, consulate, or commercial agency will issue passports, except those thereunto specifically authorized by the Department of State. Consular agencies are never so authorized.

149. To citizens only. No passport shall be granted or issued to or verified for any persons other than citizens of the United States.-R. S., sec. 4076.

150. When issuance discretional.-Ordinarily passports should be granted to native or naturalized citizens upon application and the prescribed proof of citizenship. If there is good reason to believe, however, in the case of a naturalized citizen, that his certificate of naturalization has been improperly granted, as for example, that the bearer, not being a seaman or not having served in the army (R. S., secs. 2166, 2174), did not reside within the United States for the continuous term of five years next preceding his naturalization (R. S., sec. 2165), the granting of a passport should be withheld pending the instructions of the Department of State. The granting of a passport should also be withheld pending the instructions of the Department where the applicant, whether native or naturalized, has resided without the United States for a long period of time under such circumstances as to warrant the inference that he has practically abandoned his country. In all such cases the facts should be fully reported to the Department for further instructions.

151. Application.-Native citizens applying for a passport must present their application, make an affidavit with respect to birth, take the oath of allegiance, and furnish an identification by a creditable person, all in duplicate, and according to Form No. 176. Naturalized citizens must comply with the same requirements, using Form No. 177, or, if claiming citizenship through the naturalization of husband or parent, using Form No. 178. A naturalized citizen must also exhibit his original certificate of naturalization, or that of the husband or parent through whom citizenship is claimed, or a duly certified copy thereof from the court granting the same. Further evidence of the applicant's citizenship may be required if deemed necessary. The identity of an applicant for a passport should always be established before a passport is issued, and the nature of the proof, whether documentary or by a witness or by the personal knowledge of someone connected with the consulate, should be stated on the application.

152. Expiration of passport.-A passport expires two years after the date of its issuance, and will not be renewed. A new passport may be issued upon a new application in accordance with the provisions of the previous paragraph.

153. Old passport in lieu of naturalization certificate. In the case of a naturalized citizen, an old passport issued at the consulate to which the new application is made will be accepted in lieu of a naturalization certificate if the application upon which it was originally issued contains sufficient information as to the immigration, residence, and naturalization of the applicant. Such old passport should be retained and sent to the Department of State with the application in making the report required in paragraph 163.

154. Prior passport by Secretary of State. When a person applies for a new passport before his old passport has expired, the latter, if issued by the Secretary of State, coupled with proof that the person in whose behalf it is presented is the

person named therein, may be taken within two years from its date as prima facie evidence of the citizenship of the applicant. Such passport should be retained and sent to the Department of State with the application in making the report required in paragraph 163.

155. Oath.-Consular officers are authorized to administer the required oath in an application for a passport. They must sign the jurat in their official capacity and affix the seal of the consulate thereto.

156. Form and number.-Passports issued by a consulate should be according to Form No. 9, and should be numbered, commencing with No. 1 and continuing consecutively until the end of the principal consular officer's term of office. Professional titles will not be inserted in passports.

157. Wife, minor children, and servants.-When the applicant for a passport is accompanied by his wife, minor children, or by a servant who is a citizen of the United States, it will be sufficient to state in the passport the names of such persons and their relationship to or connection with him. A separate passport must be issued for each person of full age not the wife or servant of another with whom he or she is traveling.

158. To be signed by holder.-Whenever a passport is issued upon an application made in person to a consulate, the consul will see that the same is signed by the person in whose favor it is issued before it is delivered. In sending a passport by mail he should be instructed to sign it upon receipt.

159. Fees. An official fee equivalent to $1 in the gold coin of the United States must be collected for each passport issued. An unofficial fee of 50 cents may be collected for filling out in duplicate an application for a passport, where the consular officer does that, and an unofficial fee of 50 cents for administering the oath in duplicate, and no larger fees in that behalf are permitted.-R. S., sec. 1745.

160. Visa. A consular officer (including consular agents)

may visa or verify regularly issued passports by indorsing on the passport the word "Good," in the language of the country in which the visa is made, and affixing to the indorsement his official signature and seal. Diplomatic representatives should visa passports only when there is no consulate of the United States established in the city where the legation is situated, or when the consular officer is absent or the Government of the country refuses to acknowledge the validity of the consular visa. Whenever a passport without signature is presented to be visaed, the holder should be required to sign it before it is visaed the consular officer. An official fee equivalent to $1 in the gold coin of the United States shall be collected for each passport visaed, except special and official passports, which shall be visaed free of charge. No visa shall be attached to a passport after two years from its date. A new passport may, however, be issued in its place, by the proper authority, upon the conditions herein before provided.

161. Good only in country where accredited. The visa, or verification, of a passport by a consular officer is designed to give it authenticity and ready acceptance in the country only in which he is accredited. The holder of a passport wishing to establish its genuineness and validity in any other locality should apply to a consul of the United States having recognized official character in that locality.

162. Irregular certificates.-Passports can be issued in the United States by the Secretary of State only, and in foreign countries by such diplomatic or consular officers of the United States only, and under such rules as the President shall designate and prescribe.-R. S., sec. 4075. All other persons acting or claiming to act in any office or capacity under the United States, or any of the States of the United States, are forbidden by the statutes, under a penalty of imprisonment not exceeding one year, or a fine not exceeding $500, or both, to grant, issue, or verify any passport or other instrument in

« SebelumnyaLanjutkan »