Citizenship — Expatriation — Section 2 of the act of March 2, 1907.
A native born citizen born in September 1899 of Polish parents and taken to Poland in 1902, who was inducted into the Polish army despite his protest based on his United States citizenship; took an oath of allegiance to the Polish government then when he was under 21 and this country was at war; served in the Polish army until August 1922, after the war terminated; voted once in 1922 or 1923 in a national election in Poland; and was denied his application for a United States passport in November 1924 and in 1941, did not become expatriated under the provisions of section 2 of the act of March 2, 1907, it being noted he did not return to the United States before February 21, 1945.
EXCLUDED BY BOARD OF SPECIAL INQUIRY:
Act of 1924 — No immigration visa.
Executive Order No. 8766 — No passport.
BEFORE THE BOARD
Discussion: Appellant arrived at the port of New York on February 21, 1945, on the S.S. Gripsholm and applied for admission as a citizen of the United States. A Board of Special Inquiry disallowed his claim to citizenship and excluded him on the ground stated above. The District Director paroled him into the United States pending a determination on his appeal from the excluding decision.
Appellant was born in the United States in September 1899, of Polish parents. In 1902 his parents took him to Poland where he resided until shortly prior to his arrival at New York on the Gripsholm. In June 1919 appellant was inducted into the Polish Army, despite his protest based on his United States citizenship. At the time of his induction he took an oath of allegiance to the Polish Government which was required of all soldiers in the Polish Army; and he served until August 1922. In 1922 or 1923 he voted in a national election in Poland. He never voted on any other occasion, or held public office. In November 1924 he applied for a United States passport but the Consulate at Warsaw denied the application; this unfavorable action was taken, according to his testimony, "because of my service in the Polish Army." In 1941 the Berlin Consulate refused his request for a passport, for the same reason.
On this evidence, we think that appellant did not become expatriated under section 2 of the act of March 2, 1907. We considered this statute in Matter of C---- and Matter of H----, 56167/750 and 56175/285, approved by the Attorney General October 2, 1946. We concluded in those two cases, and the Attorney General agreed, that expatriation had not occurred, and we think that the evidence in the present case is not sufficient to distinguish it from the C---- and H---- cases.
There is no indication that respondent become expatriated under any other provision of law and we are of the opinion, therefore, that he is admissible to the United States as a citizen of this country.
Findings of Fact: Upon the basis of all the evidence presented, it is found:
(1) That appellant was born in the United States in September 1899 of Polish parents;
(2) That in 1902 appellant moved with his parents to Poland where he resided continuously until shortly prior to his application for admission;
(3) That in June 1919 appellant was inducted into the Polish Army, despite his protest based on his United States citizenship, and took an oath of allegiance to the Polish Government;
(4) That appellant served in the Polish Army until August 1922;
(5) That in 1922 or 1923 appellant voted in a national election in Poland.
Conclusions of Law: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That under Revised Statutes, section 1992, and the Fourteenth Amendment to the Constitution, appellant became a citizen of the United States by birth;
(2) That under section 2 of the act of March 2, 1907, appellant did not become expatriated, and the immigration laws relating to aliens do not apply to him.
Order: It is ordered that the appeal be sustained and that appellant be admitted as a citizen of the United States.
It is further ordered, That the action of the District Director in paroling the appellant into the United States be approed.