In re Robertson

Citations

• 179 F. 131
• 19 Pa. D. 301
• 1910 U.S. Dist. LEXIS 275

Syllabus

<p>Aliens (§ 64*) — Naturalization—Children of Person Dying After Declaration — Stepchildren.</p> <p>Rev. St. § 2172 (IT. S. Comp. St. 1901, p. 1334), provides that the children of persons Who have been duly naturalized, being under the age of 21 years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as “citizens” thereof; and the naturalization law (Act June 29, 1906, c. 3592, § 4, cl. 6, 34 Stat. 596 [U. S. Comp. St. Supp. 1909, p. 480]) provides that, when any alien who has declared his intention to become a citizen dies before he is actually naturalized, the widow and minor children of such alien may, by complying with the other provisions of the statute, be naturalized without any declaration of intention. Applicant was born in England, where his father died, and his mother was again married to an alien, who emigrated to the United States when applicant was about four years of age. When the applicant was about 17 years old and residing with his stepfather as a member of his family, the stepfather made a declaration of intention, but died without having been naturalized. Held, that the applicant was entitled to naturalization on the strength of his stepfather’s declaration.</p> <p>[Ed. Note. — For other cases, see Aliens, Cent. Dig. § 128; Dec. Dig. § 64.*</p> <p>For other definitions, see Words and Phrases, vol. 2, pp. 1164-1174; vol. 8, pp. 7602, 7603.]</p>