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IN RE REYNOSO GAVIERES

December 4, 1964

In re Petition for Naturalization of Manuel Reynoso GAVIERES, Jr


The opinion of the court was delivered by: BRUCHHAUSEN

Manuel Reynoso Gavieres, Jr., filed a petition for admission to citizenship. A hearing was held. The Government moved for denial of the petition upon the ground that the petitioner was not a permanent resident of the United States for the number of years, prescribed by statute.

THE UNDISPUTED FACTS

 On May 15, 1933, the petitioner was born in the Philippine Islands.

 On September 23, 1955 he enlisted in the United States Coast Guard in the Philippines.

 On July 27, 1957, he married Virginia Santiago, a United States citizen, in Brooklyn, New York.

 On February 11, 1959, to assist him to become a lawful permanent resident of the United States, his wife filed a visa application in his behalf, requesting the issuance to him of a nonquota immigrant visa.

 On July 20, 1959, the visa petition was approved.

 On September 22, 1961, he was honorably discharged from service in the Coast Guard.

 On February 1, 1963 he was admitted to the United States for permanent residence.

 On August 16, 1963, he filed his petition for admission to citizenship.

 THE PETITIONER'S CLAIM FOR CITIZENSHIP

 He relies partly on 8 U.S.C. § 1430(a), also known as Section 319(a) of the Immigration and Nationality Act, entitled 'Married Persons' and partly on 8 U.S.C. § 1439 (Section 328 of the said Act), entitled 'Naturalization through service in the Armed Forces.' 14 U.S.C. § 1 and 37 U.S.C. § 101(4) define the Coast Guard as a military service and a branch of the armed forces.

 The said Section 1430(a) requires three years continued residence in the United States immediately preceding the filing of the petition, computed from the date of lawful admission for permanent residence, provided that petitioner during that period lived in marital union with the citizen spouse also his physical presence in the United States for periods totaling at least half of that time.

 As stated, he was lawfully admitted for permanent residence on February 1, 1963 and filed his petition on August 16, 1963. The period of his lawful residence was approximately six and one half months, far short of the ...


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