Yip Mie Jork v. John Foster Dulles, as Secretary of State

Appellant Yip Mie Jork brought this action under the provisions of § 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 , for a judgment declaring him to be a citizen of the United States. He asserts that he acquired United States citizenship at the time of his birth, pursuant to § 1993, Revised Statutes of the United States.

Yip Mie Jork made an application to the American Consul General at Hong Kong for a United States passport. After waiting 28 months for the application to be granted or denied, he filed this action against the Secretary of State. In his complaint, he set forth the facts concerning his application for a passport. He also alleged that his father, Yip Dock, a native-born American citizen, and his mother, Wong Shee, were married in China while his father was on a visit, and that he was born as issue of this marriage in Kin Mo Village, China, on February 22, 1928.

The Secretary of State filed an answer in the nature of a general denial, b.ut at the trial conceded that Yip Dock was a native-born American citizen.

Prior to the filing of the action, Yip Mie Jork applied for a certificate of identity to permit him to travel to the United States to prosecute an…