Acheson

Plaintiff Toy Gon Sam through his father and guardian ad litem, Toy Teung Kwong, filed on July 7, 1950, a petition for Declaratory Judgment pursuant to Section 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 . The action was abated as to the plaintiff Toy Hoy Sam, deceased.

Toy Teung Kwong was born in China on November 17, 1923. He is admittedly a citizen of the United States as of January 29, 1938. ■ .

On December 2, 1946, he departed from San Francisco, California for China at his father’s request, to visit his ailing mother. He returned to the United States through the port of San Francisco, California, on September 17, 1949.

While in China he married Li Siu Kiu on November' 11, 1947. The latter has been admitted to the United States for permanent residence as his lawful wife. Two children were born to this union, one now deceased, as heretofore indicated.

A variety o.f reasons, among them illness, and the Pacific Coast Maritime strike, prevented Kwong’s return to Stockton, California, where he had lived prior to making the visit to China, and where he had engaged in the laundry business and maintained a bank account.

Section 201(g) of the Nationality Act of 1940, 8…