A-59083, JULY 18, 1935, 15 COMP. GEN. 38

A-59083: Jul 18, 1935

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AS A RESULT OF WHICH CERTIFICATES OF DERIVATIVE CITIZENSHIP COULD NO LONGER BE ISSUED TO WOMEN WHO DERIVE CITIZENSHIP THROUGH MARRIAGE TO NATIVE CITIZENS OR CITIZENS WHO WERE NATURALIZED PRIOR TO THE MARRIAGE. SUCH FEES WERE EARNED AND MAY NOT BE REFUNDED. MAY NOT BE REFUNDED IF THE CERTIFICATE WAS ACTUALLY ISSUED AND READY FOR DELIVERY PRIOR TO MAY 25. IF NO CERTIFICATE WAS ISSUED. THE FEE OF $5 WAS NOT EARNED AND MAY BE REFUNDED. AS FOLLOWS: "ANY INDIVIDUAL OVER TWENTY-ONE YEARS OF AGE WHO CLAIMS TO HAVE DERIVED UNITED STATES CITIZENSHIP THROUGH THE NATURALIZATION OF A PARENT. UPON PROOF TO THE SATISFACTION OF THE COMMISSIONER THAT THE APPLICANT IS A CITIZEN AND THAT THE ALLEGED CITIZENSHIP WAS DERIVED AS CLAIMED.

A-59083, JULY 18, 1935, 15 COMP. GEN. 38

REFUND OF NATURALIZATION FEES - ADMINISTRATIVE CHANGE IN STATUTORY INTERPRETATION AN ADMINISTRATIVE CHANGE IN AN EXISTING STATUTORY INTERPRETATION BY THE SECRETARY OF LABOR, BASED ON AN OPINION OF THE SOLICITOR OF THE DEPARTMENT OF LABOR, AS A RESULT OF WHICH CERTIFICATES OF DERIVATIVE CITIZENSHIP COULD NO LONGER BE ISSUED TO WOMEN WHO DERIVE CITIZENSHIP THROUGH MARRIAGE TO NATIVE CITIZENS OR CITIZENS WHO WERE NATURALIZED PRIOR TO THE MARRIAGE, MAY NOT BE REGARDED AS INVALIDATING THE COLLECTION OF THE $10 FEE PRESCRIBED BY THE ACT OF MARCH 2, 1929, 45 STAT. 1515, FOR RECEIVING AND FILING ALL APPLICATIONS VALID ON THEIR FACES PRIOR TO THE DATE THE SECRETARY OF LABOR ADOPTED AND ISSUED INSTRUCTIONS PURSUANT TO THE NEW STATUTORY INTERPRETATION ANNOUNCED BY THE SOLICITOR, BUT SUCH FEES WERE EARNED AND MAY NOT BE REFUNDED. THE FEE OF $5 FOR ISSUANCE OF A CERTIFICATE OF ARRIVAL PRESCRIBED BY SECTION 5 OF THE ACT OF MARCH 2, 1929, 45 STAT. 1513, THEN REQUIRED AS A CONDITION PRECEDENT TO THE ISSUANCE OF A CERTIFICATE OF DERIVATIVE CITIZENSHIP, MAY NOT BE REFUNDED IF THE CERTIFICATE WAS ACTUALLY ISSUED AND READY FOR DELIVERY PRIOR TO MAY 25, 1932, DATE OF THE AMENDATORY ACT ELIMINATING THE REQUIREMENT FOR A CERTIFICATE OF ARRIVAL, BUT IF NO CERTIFICATE WAS ISSUED, OR IF ISSUED ON OR AFTER MAY 25, 1932, WHEN NOT REQUIRED, THE FEE OF $5 WAS NOT EARNED AND MAY BE REFUNDED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, JULY 18, 1935:

YOUR LETTER OF NOVEMBER 26, 1934, REQUESTED DECISION OF QUESTIONS PRESENTED AS FOLLOWS:

1. SECTION 33 (A) OF THE NATURALIZATION ACT OF JUNE 29, 1906, AS AMENDED BY THE ACT OF MARCH 2, 1929 (45 STAT. 1515; U.S.C. SUP. 7, T. 8, SEC. 399C (A) PROVIDES, IN PART, AS FOLLOWS:

"ANY INDIVIDUAL OVER TWENTY-ONE YEARS OF AGE WHO CLAIMS TO HAVE DERIVED UNITED STATES CITIZENSHIP THROUGH THE NATURALIZATION OF A PARENT, OR A HUSBAND, MAY, UPON THE PAYMENT OF A FEE OF $10, MAKE APPLICATION TO THE COMMISSIONER OF NATURALIZATION, ACCOMPANIED BY TWO PHOTOGRAPHS OF THE APPLICANT, FOR A CERTIFICATE OF CITIZENSHIP. UPON OBTAINING A CERTIFICATE FROM THE SECRETARY OF LABOR SHOWING THE DATE, PLACE, AND MANNER OF ARRIVAL IN THE UNITED STATES, UPON PROOF TO THE SATISFACTION OF THE COMMISSIONER THAT THE APPLICANT IS A CITIZEN AND THAT THE ALLEGED CITIZENSHIP WAS DERIVED AS CLAIMED, AND UPON TAKING AND SUBSCRIBING TO, BEFORE A DESIGNATED REPRESENTATIVE OF THE BUREAU OF NATURALIZATION WITHIN THE UNITED STATES, THE OATH OF ALLEGIANCE REQUIRED BY THE NATURALIZATION LAWS OF A PETITIONER FOR CITIZENSHIP, SUCH INDIVIDUAL SHALL BE FURNISHED A CERTIFICATE OF CITIZENSHIP BY THE COMMISSIONER, BUT ONLY IF SUCH INDIVIDUAL IS AT THE TIME WITHIN THE UNITED STATES. * * *.'

2. SECTION 5 OF THE ACT OF MARCH 2, 1929, FURTHER PROVIDES:

"FOR ANY CERTIFICATE OF ARRIVAL ISSUED FOR NATURALIZATION PURPOSES A FEE OF $5 SHALL BE PAID TO THE COMMISSIONER OF NATURALIZATION, WHICH FEE SHALL BE PAID OVER TO AND DEPOSITED IN THE TREASURY IN THE SAME MANNER AS OTHER NATURALIZATION FEES" (45 STAT. 1513; U.S.C. SUP. 7, T. 8, SEC. 380A).

3. UNDER AUTHORITY OF THE FOREGOING STATUTE, APPLICATIONS WERE ACCEPTED FROM AND CERTIFICATES OF DERIVATIVE CITIZENSHIP ISSUED TO WOMEN WHOSE CITIZENSHIP WAS ACQUIRED THROUGH MARRIAGE TO MEN WHO AT THE TIME OF THE MARRIAGE WERE NATIVE OR NATURALIZED CITIZENS, WHERE THE MARRIAGE OCCURRED PRIOR TO THE EFFECTIVE DATE OF THE ACT OF SEPTEMBER 22, 1922 (42 STAT. 1021).

4. ON OCTOBER 24, 1933, THE SOLICITOR OF THE DEPARTMENT OF LABOR RENDERED AN OPINION TO THE EFFECT THAT SECTION 33 (A) OF THE ACT OF JUNE 29, 1906, AS AMENDED, DOES NOT AUTHORIZE THE ISSUANCE OF CERTIFICATES OF DERIVATIVE CITIZENSHIP TO WOMEN WHO DERIVED CITIZENSHIP THROUGH MARRIAGE TO NATIVE CITIZENS OR CITIZENS WHO WERE NATURALIZED PRIOR TO THE MARRIAGE. THE OPINION OF THE SOLICITOR WAS APPROVED AND ACCEPTED AS THE ADMINISTRATIVE POLICY OF THE IMMIGRATION AND NATURALIZATION SERVICE A YEAR LATER, ON OCTOBER 24, 1934, ON WHICH LATTER DATE APPROPRIATE INSTRUCTIONS WERE ISSUED TO ALL OFFICERS CONCERNED.

5. THERE ARE PENDING IN THIS OFFICE APPROXIMATELY EIGHT HUNDRED APPLICATIONS FOR CERTIFICATES OF DERIVATIVE CITIZENSHIP RECEIVED FROM WOMEN WHO CLAIM CITIZENSHIP THROUGH MARRIAGE TO CITIZENS, DIVIDED INTO THREE GROUPS, AS FOLLOWS:

(A) TWO HUNDRED APPLICATIONS FILED DURING THE PERIOD JULY 1, 1929, TO MAY 24, 1932, EACH OF WHICH IS ACCOMPANIED BY A FEE OF $15, OF WHICH THE SUM OF $5 IS FOR THE CERTIFICATE OF ARRIVAL AND $10 FOR THE CERTIFICATE OF DERIVATIVE CITIZENSHIP. IN SOME OF THESE CASES CERTIFICATES OF ARRIVAL HAVE BEEN ISSUED AS ONE OF THE PRELIMINARY STEPS IN THE ADMINISTRATIVE HANDLING OF THE CASES, SUCH CERTIFICATES HAVING BEEN ISSUED SOLELY FOR USE IN CONNECTION WITH THE APPLICATIONS FOR DERIVATIVE CITIZENSHIP AND THE APPLICANT ACQUIRED NO RIGHT OR PRIVILEGE THEREBY. IN OTHER CASES, CERTIFICATES OF ARRIVAL HAVE NOT BEEN ISSUED.

(B) TWO HUNDRED APPLICATIONS FILED DURING THE PERIOD MAY 25, 1932, TO OCTOBER 23, 1933, WHICH ARE ACCOMPANIED BY A FEE OF $10, SECTION 5 OF THE ACT OF MAY 25, 1932, (47 STAT. 166; U.S.C. SUP. 7, T. 8, SEC. 399C (C) HAVING AMENDED SEC. 33 (A) BY REPEALING THE WORDS "UPON OBTAINING A CERTIFICATE FROM THE SECRETARY OF LABOR SHOWING THE DATE, PLACE, AND MANNER OF ARRIVAL IN THE UNITED STATES.'

(C) FOUR HUNDRED APPLICATIONS FILED DURING THE PERIOD OCTOBER 24, 1933, TO OCTOBER 23, 1934. THE APPLICATIONS IN THIS GROUP WHICH WERE FILED PRIOR TO THE PASSAGE OF THE NATURALIZATION FEE REDUCTION ACT OF APRIL 19, 1934 (48 STAT. 597) ARE ACCOMPANIED BY A FEE OF $10 AND THOSE FILED ON OR AFTER APRIL 19, 1934, ARE ACCOMPANIED BY A FEE OF $5.

6. THE FEES RECEIVED WITH THE APPLICATIONS REFERRED TO IN PARAGRAPH 5 (A) (B) AND (C) ARE BEING HELD ON SPECIAL DEPOSIT SUBJECT TO REFUND TO THE APPLICANTS IF IT IS DECIDED THAT THEY ARE UNEARNED.

7. THE APPLICATIONS REFERRED TO IN PARAGRAPH 5 (A), (B), (C), WHICH HAVE BEEN FILED BY WOMEN WHO CLAIM DERIVATIVE CITIZENSHIP THROUGH MARRIAGE TO CITIZENS, ARE BEING DENIED IN ACCORDANCE WITH THE PRESENT ADMINISTRATIVE POLICY ON THE GROUND THAT THERE IS NO STATUTORY PROVISION FOR THE ISSUANCE OF CERTIFICATES OF DERIVATIVE CITIZENSHIP IN SUCH CASES.

8. IN ORDER THAT PROPER DISPOSITION MAY BE MADE OF THE FEES NOW BEING HELD ON SPECIAL DEPOSIT, YOUR DECISION IS RESPECTFULLY REQUESTED ON THE FOLLOWING QUESTIONS:

QUESTION 1. IF AN APPLICATION FALLING WITHIN THE GROUP REFERRED TO IN PARAGRAPH 5 (A) HAS BEEN DENIED;

(A) IS THE $10 FEE REFUNDABLE?

(B) IS THE $5 FEE REFUNDABLE WHEN THE CERTIFICATE OF ARRIVAL HAS BEEN ISSUED?

(C) IS THE $5 FEE REFUNDABLE WHEN THE CERTIFICATE OF ARRIVAL HAS NOT BEEN ISSUED?

QUESTION 2. IF AN APPLICATION FALLING WITHIN THE GROUP REFERRED TO IN PARAGRAPH 5 (B) HAS BEEN DENIED, IS THE $10 FEE REFUNDABLE?

QUESTION 3. IF AN APPLICATION FALLING WITHIN THE GROUP REFERRED TO IN PARAGRAPH 5 (C) HAS BEEN DENIED, IS THE FEE OF $10 OR $5, AS THE CASE MAY BE REFUNDABLE?

IT WOULD SEEM THAT YOUR RULING AS REPORTED IN 10 C.G. 240 AS TO APPLICATIONS APPARENTLY VALID AND YOUR RULING IN 10 C.G. 364 CONCERNING APPLICATIONS WHICH CLEARLY DISCLOSE THE DISQUALIFICATION OF THE APPLICANT OR THE IMPROPRIETY OF EXECUTING THE DOCUMENT FOR WHICH THE APPLICATION HAS BEEN FILED, POSSIBLY APPLY TO THE PRESENT SITUATION.

IN RESPONSE TO A REQUEST FOR FURTHER INFORMATION WITH RESPECT TO THE MATTER THERE WAS RECEIVED YOUR LETTER OF FEBRUARY 18, 1935, AS FOLLOWS:

IN RESPONSE TO YOUR LETTER OF FEBRUARY 5, 1935, NO. A-59083, ACKNOWLEDGING MINE OF NOVEMBER 26, 1934, RELATIVE TO REFUND OF CERTAIN FEES RECEIVED IN CONNECTION WITH APPLICATIONS FOR CERTIFICATES OF DERIVATIVE CITIZENSHIP OF WOMEN WHO CLAIM CITIZENSHIP THROUGH MARRIAGE TO CITIZENS, THERE IS SET FORTH BELOW THE INFORMATION REQUESTED:

1. NONE OF THE INVOLVED APPLICATIONS HAS BEEN VOLUNTARILY WITHDRAWN BY THE APPLICANTS.

2. NO APPLICATIONS WERE DENIED PRIOR TO OCTOBER 24, 1933, ON THE GROUND THAT THERE WAS NO STATUTORY AUTHORITY TO ISSUE THE CERTIFICATE.

3. NO APPLICATIONS WERE DENIED DURING THE YEAR PRECEDING OCTOBER 24, 1934, ON THE GROUND THAT THERE WAS NO STATUTORY AUTHORITY TO ISSUE THE CERTIFICATE.

4. A NUMBER OF APPLICATIONS HAVE BEEN DENIED FOR REASONS OTHER THAN THE CHANGE OF ADMINISTRATIVE POLICY. SUCH CASES WERE DECIDED UPON THEIR MERITS AND THE APPLICATIONS WERE DENIED BECAUSE OF FAILURE, FOR VARIOUS REASONS, TO ESTABLISH DERIVATIVE CITIZENSHIP AS ALLEGED. HOWEVER, THE FEES PAID IN CONNECTION WITH SUCH APPLICATIONS HAVE BEEN DISPOSED OF IN ACCORDANCE WITH YOUR DECISIONS AS REPORTED IN 10 C.G. 240 AND 10 C.G. 364. DURING THE YEAR PRECEDING OCTOBER 24, 1934, ALL APPLICATIONS WHICH COULD NOT BE DENIED FOR FAILURE TO ESTABLISH CITIZENSHIP WERE HELD IN ABEYANCE AND NONE WAS GRANTED. UNDER THE CHANGE OF INTERPRETATION OF THE STATUTE, THE MERITS OF APPLICATIONS RECEIVED FROM WOMEN WHO CLAIM CITIZENSHIP THROUGH MARRIAGE TO CITIZENS ARE NOT BEING CONSIDERED, AND SUCH APPLICATIONS ARE BEING DENIED ON THE GROUND THAT THERE IS NO STATUTORY AUTHORITY TO ISSUE THE CERTIFICATE, NOTWITHSTANDING THE FACT THAT THE APPLICANT MIGHT HAVE DERIVED CITIZENSHIP THROUGH SUCH MARRIAGE.

IN DECISION OF DECEMBER 1, 1930, 10 COMP. GEN. 240-241, AFTER QUOTING THE SAME STATUTES REFERRED TO IN YOUR FIRST LETTER, IT IS HELD AS FOLLOWS:

THE AMOUNT OF $15 IN REALITY CONSTITUTES TWO FEES, $10 FOR AN "APPLICATION * * * FOR A CERTIFICATE OF CITIZENSHIP" (SEC. 33 (A) OF THE STATUTE), AND $5 "FOR ANY CERTIFICATE OF ARRIVAL ISSUED FOR NATURALIZATION PURPOSES" (SEC. 5 OF THE STATUTE). FOR THE $10 FEE THE GOVERNMENT RECEIVES AND FILES THE APPLICATION FOR CERTIFICATE OF DERIVATIVE CITIZENSHIP, AND UPON THE COMPLETION OF THE NECESSARY PRELIMINARY INVESTIGATION AND ADJUDICATION, ISSUES THE CERTIFICATE IF THE APPLICANT IS FOUND TO BE A CITIZEN AND WITHIN THE UNITED STATES AT THE TIME. WHEN AN APPLICATION, APPARENTLY VALID, IS RECEIVED AND FILED BY THE GOVERNMENT, A SERVICE HAS BEEN RENDERED OR A PRIVILEGE GRANTED. AS THE FEE OF $10 REQUIRED TO BE PAID IN ADVANCE AT THE TIME OF SUBMITTING THE APPLICATION IS NOT DIVISIBLE UNDER THE TERMS OF THE STATUTE, IT MUST BE CONSIDERED THAT THE ENTIRE AMOUNT HAS BEEN EARNED WHEN THE APPLICATION PROPERLY IS RECEIVED AND FILED BY THE GOVERNMENT, AND SAID FEE MAY NOT BE REFUNDED SIMPLY BECAUSE THE APPLICANT DESIRES TO WITHDRAW THE APPLICATION PRIOR TO THE COMPLETION OF ACTION BY THE GOVERNMENT IN ISSUING THE CERTIFICATE. THIS IS TO BE DISTINGUISHED FROM A CASE WHERE THE CONTROLLING STATUTE EXPRESSLY PROVIDES A DIFFERENT FEE FOR FILING APPLICATION AND FOR ISSUING THE CERTIFICATE, ETC.

SEE, ALSO, 5 COMP. GEN. 879; 10 ID. 364. IN OTHER WORDS, BY THE TERMS OF THE STATUTE, PAYMENT OF THE FEE HAS BEEN MADE A CONDITION PRECEDENT TO THE FILING OF THE APPLICATION. THE SERVICE OR PRIVILEGE FOR WHICH THE FEE IS REQUIRED BY LAW TO BE COLLECTED IS RENDERED OR RECEIVED AT THE TIME THE APPLICATION IS FILED IF IT WAS PROPER AND LAWFUL TO RECEIVE AND FILE THE APPLICATION, THAT IS, IF THERE WAS NOTHING APPEARING ON ITS FACE TO PLACE THE GOVERNMENT ON NOTICE THAT IT SHOULD NOT BE RECEIVED AND FILED. SUBSEQUENT DISCOVERY OF A HIDDEN DEFECT, OR A SUBSEQUENT CHANGE IN THE LAW, OR IN THE ADMINISTRATIVE INTERPRETATION OF EXISTING LAW, MAKING IT NECESSARY TO REJECT THE APPLICATION, OR DISCONTINUING THE RIGHT OR PRIVILEGE OF FILING SUCH APPLICATIONS, COULD HAVE NO RETROACTIVE EFFECT TO INVALIDATE THE COLLECTION OF THE FEES FOR RECEIVING AND FILING APPLICATIONS VALID AT THE TIME THEY WERE RECEIVED AND FILED, AND REFUND OF THE FEES UNDER SUCH CIRCUMSTANCES IS NOT AUTHORIZED. SEE, GENERALLY, 4 COMP. GEN. 81; 5 ID. 306; ID. 879.

IN THE INSTANT CASE, THEREFORE, AN ADMINISTRATIVE CHANGE IN THE EXISTING STATUTORY INTERPRETATION, AS A RESULT OF WHICH CERTIFICATES OF DERIVATIVE CITIZENSHIP COULD NOT BE ISSUED IN THESE CASES, MAY NOT BE REGARDED AS INVALIDATING COLLECTION OF FEES FOR RECEIVING AND FILING LAWFUL APPLICATIONS PRIOR THERETO.

THE RULE AFFECTING THE ADJUDICATION OF CASES UPON A CHANGE IN THE INTERPRETATION OF A STATUTE BY A COURT OR ADMINISTRATIVE OFFICE IS THAT SETTLED CLAIMS WILL NOT BE REOPENED BUT UNSETTLED CLAIMS WILL BE ADJUDICATED UNDER THE NEW INTERPRETATION OF THE STATUTE. SEE, FOR INSTANCE, 4 COMP. GEN. 636. APPARENTLY, THIS RULE WAS PROPERLY APPLIED IN THE INSTANT MATTER IN THE REFUSAL TO ISSUE CERTIFICATES OF DERIVATIVE CITIZENSHIP BASED ON APPLICATIONS PENDING AT THE TIME OF THE ADMINISTRATIVE CHANGE IN THE STATUTORY INTERPRETATION, BUT THE FACT THAT THE FINAL ACTION ON THE APPLICATION AFTER THE CHANGE IN INTERPRETATION IS DIFFERENT FROM THE FINAL ACTION THAT WOULD HAVE BEEN TAKEN THEREON IF THE CHANGE IN INTERPRETATION HAD NOT BEEN MADE BETWEEN THE DATE OF FILING AND DATE OF FINAL ACTION CAN HAVE NO BEARING ON THE QUESTION AS TO WHETHER THE FEE COLLECTED IS TO BE RETAINED OR RETURNED. THE ESTABLISHED RULE WITH RESPECT TO CLAIMS FOR THE RETURN OF FEES COLLECTED IN SUCH CASES AS THESE HAS NOT BEEN CHANGED WHILE THE CLAIM FOR RETURN WAS PENDING. THE RULE IN THAT RESPECT IS THE SAME NOW AS IT WAS WHEN THE FEES WERE COLLECTED AND IS, AS HEREINBEFORE STATED, THAT THE FEE IS NOT REFUNDABLE IF LEGALLY AND PROPERLY COLLECTED FOR A SERVICE RENDERED OR A PRIVILEGE GRANTED, EVEN THOUGH IT MAY SUBSEQUENTLY DEVELOP THAT THE PARTY PAYING THE FEE CAN DERIVE NO BENEFIT THEREFROM.

THE DETERMINATION AS TO WHICH OF THE DIFFERENT GROUPS OF APPLICATIONS INVOLVED HERE WERE LEGALLY AND PROPERLY RECEIVED AND FILED IS DEPENDENT UPON WHEN THE ADMINISTRATIVE INTERPRETATION OF THE STATUTE WAS CHANGED; THAT IS, WHETHER ON OCTOBER 24, 1933, DATE OF THE OPINION OF THE SOLICITOR OF THE DEPARTMENT OF LABOR, OR ON OCTOBER 24, 1934, WHEN THE OPINION OF THE SOLICITOR WAS APPROVED AND ACCEPTED AS THE ADMINISTRATIVE POLICY AND APPROPRIATE INSTRUCTIONS ISSUED. THE OPINIONS OF THE SOLICITOR OF THE DEPARTMENT OF LABOR HAVE NO BINDING EFFECT ON THE SECRETARY OF LABOR BUT ARE EXPRESSIONS OF HIS VIEWS AS TO THE PROPER INTERPRETATION OF THE LAW, AND THE SECRETARY MAY OR MAY NOT ADOPT SUCH VIEWS. IN THE INSTANT MATTER IT IS EVIDENT FROM THE FACT THAT FOR A YEAR AFTER THE DATE OF THE OPINION APPLICATIONS WERE RECEIVED, FILED, AND GIVEN CONSIDERATION ON THEIR MERITS (LAST PARAGRAPH OF LETTER OF FEBRUARY 18, 1935, SUPRA), ALTHOUGH NO CERTIFICATES WERE ISSUED, THAT NO CHANGE IN THE LONG EXISTING ADMINISTRATIVE INTERPRETATION OF THE LAW WAS CONSIDERED TO BE EFFECTIVE UNTIL OCTOBER 24, 1934, THE DATE THE "OPINION OF THE SOLICITOR WAS APPROVED AND ACCEPTED AS THE ADMINISTRATIVE POLICY OF THE IMMIGRATION AND NATURALIZATION SERVICE.' YOU ARE ADVISED, THEREFORE, THAT REFUND IS NOT AUTHORIZED OF FEES PAID AS A CONDITION PRECEDENT TO THE FILING OF APPLICATIONS FOR CERTIFICATES OF DERIVATIVE CITIZENSHIP IN THESE CASES, OTHERWISE VALID ON THEIR FACE, WHICH WERE RECEIVED AND FILED PRIOR TO OCTOBER 24, 1934.

ACCORDINGLY, QUESTION 1 (A), QUESTION 2, AND QUESTION 3 ARE ANSWERED IN THE NEGATIVE. QUESTIONS 1 (B) AND (C) RELATE TO THE FEE OF $5 WHICH THE LAW PRESCRIBES FOR THE ISSUANCE OF A CERTIFICATE OF ARRIVAL, WHICH PRIOR TO MAY 25, 1932, WAS REQUIRED IN CONNECTION WITH THE ISSUANCE OF CERTIFICATES OF DERIVATIVE CITIZENSHIP. IF, IN THE CASES HERE PRESENTED, THE CERTIFICATE OF ARRIVAL WAS ACTUALLY ISSUED AND READY FOR DELIVERY PRIOR TO MAY 25, 1932, DATE OF THE ACT DISCONTINUING THE REQUIREMENT FOR ISSUANCE OF SUCH A CERTIFICATE, NO REFUND OF THE $5 FEE IS AUTHORIZED, BUT IF NO CERTIFICATE HAS BEEN ISSUED, OR, IF ISSUED, WAS ISSUED ON OR AFTER MAY 25, 1932, WHEN NOT REQUIRED, THE FEE OF $5 WAS NOT EARNED AND MAY BE REFUNDED.