網頁圖片
PDF
ePub 版

§ 1409. Children born out of wedlock

(a) The provisions of paragraphs (3) to (5) and (7) of section 1401(a) of this title, and of paragraph (2) of section 1408, of this title shall apply as of the date of birth to a child born out of wedlock on or after the effective date of this chapter, if the paternity of such child is established while such child is under the age of twenty-one years of legitimation.

(c) Notwithstanding the provision of subsection (a) of this section, a person born, on or after the effective date of this chapter, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

The text of 22 CFR 50.7 reads as follows:

§ 50.7 Report of birth

(a) Upon submission of satisfactory proof of birth and nationality, and at the time of the recording of the birth, the consular officer shall issue to the parent or person in interest, when requested and upon payment of the prescribed fee, a consular report of birth. The Authentication Officer of the Department may issue additional copies of the report of birth.

(b) When it records a birth under $50.6, the Department shall furnish a copy of the "Report of Birth" without fee to the parent or person in interest. Sec. 104(a)(3) of the Immigration and Nationality Act of 1952, 8 U.S.C. 1104(a) (3), reads as follows:

1104. Secretary of State-Powers and duties

(a) The Secretary of State shall be charged with the administration and the enforcement of the provisions of this chapter and all other immigration and nationality laws relating to... (3) the determination of nationality of a person not in the United States

.

Northern Mariana Islands

The Constitution of the Northern Mariana Islands, proclaimed on October 24, 1977, by President Carter, as coming into full force and effect on January 9, 1978, contains a section entitled "Interim Definition of Citizenship" in its Schedule of Transitional Matters. Section 8 defines the term "U.S. citizen" or "U.S. national" as used in the Constitution of the Northern Mariana Islands as follows:

For the period from the approval of the Constitution by the people of the Northern Mariana Islands to the termination of the Trusteeship Agreement, the term United States citizen or United States national as used in the Constitution includes those persons who, on the date of the approval of the Constitution by the people of the Northern Mariana Islands, do not owe allegiance to any foreign state and who qualify under one of the following criteria: a) persons who were born in the Northern Mariana Islands, who are citizens of the Trust Territory of the Pacific Islands on the date of the approval of the Constitution by the people of the Northern Mariana Islands, and who on that date are domiciled in the Northern Mariana Islands or in the United States or any territory or possession thereof;

b) persons who are citizens of the Trust Territory of the Pacific Islands on the date of the approval of the Constitution by the people of the Northern Mariana Islands, who have been domiciled continuously in the Northern Mariana Islands for at least five years immediately prior to that date, and who, unless under age, registered to vote in elections for the Mariana Islands District Legislature or for any municipal election in the Northern Mariana Islands prior to January 1, 1975; or

c) persons domiciled in the Northern Mariana Islands on the date of the approval of the Constitution by the people of the Northern Mariana Islands who, although not citizens of the Trust Territory of the Pacific Islands, on that date have been domiciled continuously in the Northern Mariana Islands beginning prior to January 1, 1974.

Dept. of State File IO/UNP.

For further information concerning the Constitution of the Northern Mariana Islands, see ante, Ch. 2, § 6, pp. 71-72, 82-88.

The Trusteeship Agreement for the former Japanese Mandated Islands was approved by the U.N. Security Council on Apr. 2, 1947, and by the United States on July 18, 1947 (TIAS 1665; 61 Stat. 3301; 12 Bevans 951; 8 UNTS 189; entered into force on July 18, 1947). This Trusteeship Agreement remains in effect and the Northern Mariana Islands will not achieve full commonwealth status until the Trusteeship has been terminated.

Dual Nationality and Loss of Nationality

On March 24, 1977, Julia W. Willis, attorney-adviser in the Office of the Assistant Legal Adviser for European Affairs, wrote a memorandum to Mr. Robert Mosher of the Office of Eastern European Affairs of the Department of State, setting forth a legal opinion on the issue of whether the provisions regarding dual nationals in the Exchange of Letters appended to the U.S.-Bulgarian Consular Convention signed on April 15, 1974 (TIAS 8067; 26 UST 687; entered into force on May 29, 1975), supersede the U.S.-Bulgarian Naturalization Treaty signed on November 23, 1923 (TS 684; 43 Stat. 1759; 5 Bevans 1083; 25 LNTS 238; entered into force on April 5, 1924). She concluded that these two agreements "are fully compatible and consistent, and that each stands alone as fully valid in force." A portion of her memorandum setting forth the reasons for her conclusion follows:

Article 1, paragraph 2 of the Naturalization Treaty which provides that "nationals of Bulgaria who have been or shall be naturalized in territory of the United States shall be held by Bulgaria to have lost their original nationality and to be nationals of the United States"; and paragraph 1 of the Exchange of Letters appended to the Consular Convention which provides that "A person entering the People's Republic of Bulgaria for a temporary visit with an American passport which contains a valid Bulgarian entry visa or other document authorizing entry into Bulgaria shall, during the

period for which he has received temporary visitor status in accordance with the valid visa or other document by authorization, be entitled to the consular protection provided in Article 33 of this Convention as a United States national, as well as the right to leave the People's Republic of Bulgaria without further documentation regardless of whether such person also possesses Bulgarian nationality."

The inference apparently intended in the... argument that the latter text supersedes the former is that the United States, having acknowledged in the Exchange of Letters the existence of dual nationals in 1974, cannot rely on the earlier Treaty which contains an inconsistent or incompatible provision for the automatic loss of the original nationality of a Bulgarian national once he becomes a naturalized American.

The 1923 Naturalization Treaty as reaffirmed in 1948 remains in effect and automatically removes Bulgarian nationality from Bulgarians who go through the naturalization process of becoming American citizens. Naturalized American citizens constitute but one. category within the total composition of dual nationals. The U.S.Bulgarian Naturalization Treaty simply removes from the category of dual nationals those Bulgarians who have become naturalized American citizens. There still remains the possibility of dual nationals of Bulgaria and the United States. Children born in the United States of a Bulgarian parent, or children born in Bulgaria of American parents are dual nationals. The 1974 Exchange of Letters simply assures that such dual nationals will be accorded the consular protection provided for in the Consular Convention and that they remain free to leave Bulgaria. Former Bulgarian citizens who have become naturalized Americans are Americans, not dual nationals; and the 1974 Exchange of Letters does not apply to them. In view of these distinctions, the provisions of the Naturalization Treaty and the Exchange of Letters are neither incompatible nor inconsistent. Whether read together or apart, full consular protection is assured to those American nationals who by birth may also be nationals of Bulgaria. Without the Exchange of Letters, full consular protection would be accorded to former Bulgarians who re-enter Bulgaria after becoming naturalized Americans because they are American citizens only, not dual nationals.

The . . . argument that the subsequent Exchange of Letters supersedes the earlier Treaty is legally unsound on still another ground.

Article 59 of the Vienna Convention on the Law of Treaties provides that "a treaty shall be considered as terminated if all the parties to it conclude a later treaty relating to the same subject-matter...." The criteria for arguing the invalidity of an earlier treaty because of supersession is at the minimum that both treaties relate to the same subject-matter.

The 1923 Naturalization Treaty relates to the status of persons who, as former nationals of both countries, have become naturalized citizens of one of the countries. The 1974 Exchange of Letters relates to the extension of consular protection to dual nationals. Since the

subject-matter of these two treaties is distinct and separate, no question of supersession, and thus of the consequent invalidity of the former treaty, can arise.

Dept. of State File No. P77 0047–205.

The Vienna Convention on the Law of Treaties may be found at S. Ex. 6, 92d Cong., 1st Sess., Nov. 22, 1971. For further information concerning the U.S.Bulgarian Consular Convention, see the 1975 Digest, Ch. 4, § 2, pp. 255–256.

§ 2 Passports and Other Travel Documents; Travel Passports and Visas

Nonimmigrant Visas

The Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105), approved by President Carter on August 17, 1977, includes a provision requiring the Secretary of State, in specified circumstances, to recommend that the Attorney General grant an approval to any alien applicant for a nonimmigrant visa who is excludable from the United States by reason of membership in or affiliation with a proscribed organization. The full text of the provision, known as the McGovern amendment for its sponsor, Senator George McGovern, reads as follows:

Section 112. The Act entitled "An Act to provide certain basic authority for the Department of State." approved August 1, 1956, is amended by adding at the end thereof the following new section:

Sec. 21. For purposes of achieving greater United States compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe (signed at Helsinki on August 1, 1975) and for purposes of encouraging other signatory countries to comply with those provisions the Secretary of State should, within 30 days of receiving an application for a nonimmigrant visa by any alien who is excludable from the United States by reason of membership in or affiliation with a proscribed organization but who is otherwise admissible to the United States, recommend that the Attorney General grant the approval necessary for the issuance of a visa to such alien, unless the Secretary determined that the admission of such alien would be contrary to the security interests of the United States and so certifies to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate.

Sec. 1182 of title 8 of the United States Code provides in part that aliens who are members of certain organizations are ineligible to receive visas. Set forth below are portions of sec. 1182:

(a)..

Except as otherwise provided in this chapter, the following classes of aliens shall be ineligible to receive visas and shall be excluded from admission into the United States :

(28) Aliens who are, or at any time have been, members of any of the following classes:

(A) Aliens who are anarchists;

(B) Aliens who advocate or teach, or who are members of or affiliated with any organization that advocates or teaches, opposition to all organized government;

(C) Aliens who are members of or affiliated with (i) the Communist Party of the United States, (ii) any other totalitarian party of the United States, (iii) the Communist Political Association, (iv) the Communist or any other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state, (v) any section, subsidiary, branch, affiliate, or subdivision of any such association or party, or (vi) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt:

For further information concerning the provisions of the Helsinki Final Act on travel for personal or professional reasons, see the 1975 Digest, Ch. 3, § 6, p. 192.

Denial of Visitor's Visa

On January 24, 1977, Sabri Jiryis, an official of the Palestine Liberation Organization (PLO), applied for a visitor's nonimmigrant visa to the United States at the Consular Section in the U.S. Embassy in Paris. He sought to attend an American Friends Service Committee meeting in Bethesda, Maryland, scheduled from February 11 through 14, and entitled "The New Imperative for IsraeliPalestinian Peace." When applying for a visa on a previous occasion, Mr. Jiryis had stated that he was born in the Sudan, which subsequently had been determined not to be true.

On February 8, 1977, the Department of State's Director of the Office of Press Relations, Frederick Z. Brown, stated during a Department of State press conference that Mr. Jiryis' application for a visa had been refused:

We have decided not to seek the waivers that would allow Mr. Jiryis to come to the United States for the purpose of attending the Quaker conference this weekend.

There would have been two waivers required; one for the fact that he is a member of an organization proscribed under the provisions of paragraph 212 (1) 28f of the Immigration and Nationality Act. . . of 1953. That is the Justice Department's determination. . . . He would also need a waiver with regard to the falsification of information on a previous visa application.

When questioned, Mr. Brown outlined Departmental policy when considering such an application for a visa:

« 上一頁繼續 »