In re Van Der Schuur

Petitioner first entered the United States as an alien seamant. in 1921, and again in 1923; thereafter he served on American ships for a period of thirty-six months, obtaining certificates of honorable discharge. He made lawful entry for permanent residence on March 18, 1935, upon which he based his declaration of intention to become a citizen, dated April 11, 1935. On April 30, 1937, he filed his petition for naturalization under section 4, subd. 7, of the Act of June 29, 1906 ( 34 Stat. 596 ), as amended ( 8 U.S.C.A. § 388 ), which reads in part as follows:

In support of his application, petitionT er produces, discharges for more than three years, obtained from American ships both before and after the date of his lawful entry. His residence and service on American vessels subsequent to lawful entry has been more than two years.

- The government concedes that petitioner has complied with all the statutory requirements precedent to admission to citizenship except that of residence, .but -contends that petitioner must “show full three years’ service and required discharges subsequent to lawful entry,” citing In re Olsen et al. (D. C.) 18 F.(2d) 425 . The decision of this court…