Acheson

Pursuant to Section 503 of the Nationality Act of 1940, 54 Stat. 1171 , 8 U.S.C.A. § 903 , petitioner, asserting his birth in this country, seeks a judgment declaring him to be a United States citizen.

Petitioner was born in San Francisco, California, on November 13, 1923. In 1932, his father suffered a serious bone abscess which his physician informed him would incapacitate him for a year or longer. Consequently, in September of that year, petitioner’s mother took petitioner and his younger sister to the home of their paternal grandparents in Tsuyazaki-machi, Japan. Petitioner was then a few months short of 9 years of age. The next year the mother returned to the United States leaving petitioner and his sister in the care of'their grandparents.

The father’s illness disabled him for more than two years. About the time that he was able to return to work, in the latter part of 1934, his wife divorced him. The father then decided to'leave the two children with their grandparents until they graduated from high school. From that time until the outbreak of the war in 1941, petitioner’s father regularly sent small sums of money to the grandparents in Japan to aid in the support of the…