Wong Kwai Sing, by His Next Friend Wong Lum Sang v. John Foster Dulles, Secretary of State

It is not disputed that Wong Kwai Sing, plaintiff-appellant, was born in China and is seeking a declaratory judgment under Section 503 of the Nationality Act of 1940 decreeing that he is a citizen of the United States. The trial court did not believe the testimony introduced on behalf of the appellant to the effect that he was the son of an American citizen and gave judgment for the defendant. The plaintiff appealed. The only issue on appeal is whether the findings of fact are clearly erroneous. We find that they are not.

The testimony on behalf of the appellant Wong Kwai Sing is to the effect that he was born in China in the village of Bon Mee Yin in 1921; that his mother was Chinese; that his father, Wong Lum Sang, although of Chinese ancestry, was a Hawaiian-born United States citizen ; that the father left China when the appellant was two years old and did not return until 1948; that Wong Lum Sang recognized his son by means of pictures that had been sent him and because he was greeted by appellant as father; that an older son of Wong Lum Sang, Wong Kwai Yuen, was admitted to the United States as the son of a United States citizen in 1941; that this son returned to China in…