Any periods of time during all of which a person who was previously lawfully admitted for permanent residence has served honorably or with good conduct, in any capacity other than as a member of the Armed Forces of the United States, (A) on board a vessel operated by the United States, or an agency thereof, the full legal and equitable title to which is in the United States; or (B) on board a vessel whose home port is in the United States, and (i) which is registered under the laws of the United States, or (ii) the full legal and equitable title to which is in a citizen of the United States, or a corporation organized under the laws of any of the several States of the United States, shall be deemed residence and physical presence within the United States within the meaning of section 1427(a) of this title, if such service occurred within five years immediately preceding the date such person shall file an application for naturalization. Service on vessels described in clause (A) of this section shall be proved by duly authenticated copies of the records of the executive departments or agency having custody of the records of such service. Service on vessels described in clause (B) of this section may be proved by certificates from the masters of such vessels.
Notes of Decisions
Patton v. Adesa Texas, Inc. (2013)
txnd
“Plaintiff contends this action should be remanded to state court because the joinder was proper and there is a lack of compete diversity between Patton and Defendants. II. ARGUMENTS AND AUTHORITIES A. Standards Governing Removal Jurisdiction A party may remove a state case to…”
In Re Vacontios'petition (1957)
nysd
“This is a petition for naturalization, under Section 330(a) (2) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1441 (a), by an alien seaman who has never been admitted to the United States for permanent residence.”
Shomberg v. United States (1954)
ca2
“Nor is it significant that the draftsman of § 330(b), 8 U.S. C.A. § 1441(b), in providing a limited saving clause, expressly leaves § 318 intact.”
In re Naturalization of Napalan (1956)
nysd · cites it 2×
“This is a petition for naturalization brought' under § 330(a) (2) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1441 (a) (2), which provides for -the naturalization of persons who have served honorably or with good conduct for an'aggregate period of five years on…”
Shio Han Sun v. Barber (1956)
cand
“Congress should not be presumed to have intended to discriminate against active members of the Merchant Marine by reason of the entirely fortuitous circumstance that their ships may have been on the high seas on the date in question rather than in port.”
In re Kiseleff (1955)
nysd
“On the basis of these facts, petitioner contends that he is entitled to be naturalized under the following provision of law: § 330(a) (2)- of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1441 (a) (2) which provides as follows: “Sec.”
Hechavarria v. United States (1974)
gasd · cites it 2×
“8 U.S.C. § 1441 . I do not say that constructive residence can be retroactively applied to establish liability of a seaman for income taxes during his period of service on American vessels.”
Roggenbihl v. Lusby (1953)
mad
“Similar provisions are contained in § 330 of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1441 . Moreover, paragraph (2) of that section allows seaman to claim certain service on American vessels prior to September 27, 1950 as residence and physical presence in the…”
In re Karadzas (1954)
nysd
“This is a petition for naturalization brought under § 330 (a) (2) of the Immi *26 gration and Nationality Act of 1952, 8 U.S.C.A. § 1441 (a) (2). The question presented is whether the petitioner’s service as a seaman comes within the purview of this statute which permits, in…”
St. Luke No. 2, LLC v. Hermes Health Alliance, LLC (2022)
laed
“8 U.S.C. § 1441 (c) (emphasis added). The linchpin of the Insurers’ position is not the current text of Section 1441(c), but a 1980 Fifth Circuit decision that construed an older version of the statute.”
— 8 U.S.C. § 1441(b) — 1 case
Shomberg v. United States (1954)
ca2
“Nor is it significant that the draftsman of § 330(b), 8 U.S. C.A. § 1441(b), in providing a limited saving clause, expressly leaves § 318 intact.”
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