Executive Order 610

by President of the United States

It is hereby ordered that the instructions to the diplomatic officers of the United States and the regulations prescribed for the use of the consular service of the United States be amended in the following particulars, the numbers of the paragraphs amended being the same in both the instructions and the regulations.

Paragraph 138 shall read as follows:

Children of Citizens Born Abroad.—All children born out of the limits and jurisdiction of the United States whose fathers were at the time of their birth citizens thereof are citizens of the United States; but the rights of citizenship do not descend to children whose fathers never resided in the United States. All children who are, in accordance with this paragraph, born citizens of the United States, and who continue to reside outside of the United States, are required in order to receive the protection of this government, upon reaching the age of eighteen years to record at an American Consulate their intention to become residents and remain citizens, and upon reaching their majority are further required to take the oath of allegiance to the United States.—R. S. Sec. 1993; Act of March 2, 1907, Sec. 6.

Paragraph 141 shall read as follows:

Wife of Citizen.—Any white woman or woman of African nativity or descent or Indian woman married to a citizen of the United States is a citizen thereof; and it is immaterial whether the husband became a citizen before or after marriage. Any woman who acquires American citizenship by marriage shall be assumed to have retained it after the termination of the marital relation by death or absolute divorce if she continues to reside in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to naturalize aliens; or, if she resides abroad, she may retain American citizenship by registering as an American citizen before a United States Consul within one year after the termination of the marital relation.—R. S. Sec. 1994; 25 Stat. L. 392; Act of March 2, 1907, Sec. 4.

After paragraph 141, a new paragraph shall be added as follows:

An American Woman Who Marries a Foreigner.—An American woman who marries a foreigner takes the nationality of her husband. At the termination of the marital relation, by death or absolute divorce, she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein.—Act of March 2, 1907, Sec. 4.

Paragraph 142 shall read as follows:

Children of Naturalized Citizens.—The naturalization or resumption of American citizenship of the parents confers American citizenship upon the minor children and such citizenship shall begin at the time such minor children begin to reside permanently in the United States.—Act of March 2, 1907, Sec. 5.

Paragraph 143 shall read as follows:

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 declared his intention to become a citizen of the United States dies before he is actually naturalized his widow and minor children may, by complying with the other provisions of the naturalization laws, be admitted to citizenship without making the declaration of intention.—Act of June 29, 1906, Sec. 4, Par. 6.

Paragraph 144 shall read as follows:

Expatriation.—An American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state, it shall be presumed that he has ceased to be an American citizen, and his place of general abode shall be deemed his place of residence during the said years: Provided, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe.

An American citizen shall not be allowed to expatriate himself when this country is at war.—Act of March 2,1907, Sec. 2.

After paragraph 144, add the following three paragraphs:

Registration to Resume or Retain Citizenship.—When an American woman has married a foreigner and he dies or they are absolutely divorced, in order to resume her rights as an American citizen, she must register with an American consulate within one year after the termination of the marital relation. Whenever any foreign woman has acquired American citizenship through her marriage, upon the death of her husband or upon their absolute divorce she must, if she is abroad and desires to retain her American citizenship, register as an American citizen before a United States consul within one year after the termination of the marital relation. All minor children, born of American parents outside of the United States, must, in order to receive the protection of this government, at the age of eighteen years, record at an American consulate their intention to become residents and remain citizens of the United States.—Act of March 2, 1907, Sections 3, 4, and 6.

Oath of Allegiance.—Every child born without the United States of American parents and resident abroad is required, in order to conserve his American citizenship, to take the oath of allegiance to the United States before an American consul, upon attaining his majority.—Act of March 2, 1907, Sec. 6.

Duplicates of Evidence of Citizenship.—Diplomatic and consular officers are required to file with the Department of State duplicates of any evidence, registration, or other acts, taken before them in conservation or resumption of citizenship and the right to protection.—Act of March 2, 1907, Sec. 7.

Paragraph 149 shall read as follows:

To Whom Issued.—No passport shall be granted or issued to or verified for any persons other than citizens of the United States or loyal residents of the insular possessions of the United States by diplomatic or consular officers. In his discretion the Secretary of State may issue passports to those who have made the declaration of intention to become citizens of the United States, but such passports are not permitted to be issued by diplomatic and consular officers.—Section 4076, R. S.; Act of June 14, 1902; Act of March 2, 1907, Sec. 1.

Paragraph 150 shall read as follows:

When Passports May be Issued.—Passports can not be issued by diplomatic or consular officers, if the applicant has time to apply to the Department of State and await its reply. Where inconvenience or hardship would result to a person entitled to receive a passport unless he received it at once, a diplomatic officer, or a consular officer who shall have received authority to do so from the Secretary of State, may issue to such person an emergency passport, good for a period not to exceed six months from the date of issuance, and to be used for a purpose which shall be stated in the passport.

This paragraph shall become effective July 1, 1907.

Paragraph 151 shall read as follows:

Applications.—Persons entitled to receive passports who desire to secure them when they are abroad may make applications therefor to the Department of State through a diplomatic or consular officer. Native citizens thus applying must make an affidavit with respect to birth, take the oath of allegiance, and furnish identification by a creditable person, all in duplicate and according to Form No. _____. Naturalized citizens must comply with the same requirements, using Form No. _____; and, if claiming citizenship through naturalization of husband or parent, using Form No. _____. A naturalized citizen must also exhibit his certificate of naturalization or that of the husband or parent through whom citizenship is claimed, or a duly certified copy of the court record thereof. Further evidence of the applicant's citizenship may be required, if deemed necessary. A loyal resident of an insular possession of the United States in addition to the information now required in the case of a citizen of the United States must state that he owes allegiance to the United States and does not acknowledge allegiance to any other government, and must submit an affidavit from at least two credible witnesses having good means of knowledge in substantiation of his statements of birth, residence and loyalty. The identity of an applicant for a passport should always be established when the application is taken.

This paragraph shall become effective July 1, 1907.

Paragraph 152 shall read as follows:

Expiration of Passports.—A passport issued by the Department is good for a period of two years, when it expires; but it may be renewed for a further period of two years by a diplomatic officer or by a consular officer who has received authority for the purpose from the Secretary of State. It is permissible to renew passports only once.

This paragraph shall become effective July 1, 1907.

Paragraph 153 shall read as follows:

Old Passport in Lieu of Naturalization Certificate.—An American citizen who is abroad and who holds a passport which has expired after renewal may apply through a diplomatic officer or a consular officer for a new passport, and the old passport will be accepted as prima facie evidence that the citizenship of the applicant was properly proved when the old passport was granted, and a naturalized citizen need not, therefore, be required to produce again the certificate of naturalization through which he acquired his citizenship. The old passport should be retained and sent to the Department of State with the application. If there is any doubt surrounding the case, however, the applicant should be required to produce the same evidence that would be required of him if he were making his first application for a passport.

Paragraph 154 shall be struck out.

Paragraph 159 shall read as follows:

Fees.—An official fee equivalent to one dollar in the gold coin of the United States must be collected for each passport issued.

Paragraph 160 shall read as follows:

Visa.—A diplomatic officer or a consular officer, including a consular agent, may visa or verify regularly issued passports by endorsing thereon the word "Good" in the language of the country and affixing to the endorsement his official signature and seal. A diplomatic officer should visa a passport only when there is no American consulate established in the city where the mission 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 by a diplomatic or consular officer. An official fee equivalent to one dollar in the gold coin of the United States should be collected for each passport visaed. No visa shall be attached to a passport after its validity has expired.

Paragraph 163 shall read as follows:

Return of Passports.—As soon as an emergency passport is issued by a diplomatic or consular officer he shall transmit to the Department of State a duplicate of the application and a statement of the proof accepted by him for the issuance of the passport and of the reason why the issuance of the passport was necessary. Whenever an application for a passport is made to the Department of State through a diplomatic or consular officer he shall transmit a duplicate of the application and of the accompanying proof of the right to receive a passport to the Department of State, but he need not, unless otherwise instructed, transmit a certificate of naturalization.

This paragraph shall become effective July 1, 1907.

Add, as a separate paragraph, after paragraph 169:

When Protection Should be Denied.—Any one who has expatriated himself is not entitled to intervention on the part of any diplomatic or consular officer of the United States. (See Paragraph 144.)

After paragraph 170 add:

Reports of Fraudulent Naturalization.—When any alien who has secured naturalization of the United States shall proceed abroad within five years after his naturalization and shall take up his permanent residence in any foreign country within five years after the date of his naturalization, it shall be deemed prima facie evidence that he did not intend in good faith to become a citizen of the United States when he applied for naturalization, and in the absence of countervailing evidence it shall be sufficient in the proper proceedings to authorize the cancellation of his certificate of citizenship as fraudulent. Diplomatic and consular officers shall furnish the Department of State, to be transmitted to the Department of Justice, the names of those within their jurisdictions, respectively, who are subject to the provisions of this requirement, and such statements from diplomatic and consular officers shall be certified to by such officers under their official seal, and are under the law admissible in evidence in all courts to cancel certificates of naturalization.—Act of June 29, 1906, Sec. 15.

Theodore Roosevelt.

The White House,

April 6th, 1907.