In re the Petition for Naturalization of Sing

The petitioner is a native of Shanghai, China. He was admitted to the United States as an alien crewman on January 16, 1947, subject to the provisions of former 8 U.S.C. § 203 (5), now 8 U.S.C.A. § 1282 . He remained in the United States longer than the 29 days allowed him under the statute, and did not ship out again until October 15, 1951. He made two more trips and was again admitted to the United States on November 10, 1952 as an alien crewman, and again remained for longer than 29 days. He was inducted into the Army on June 26, 1953, and served for almost 23 months, until May 18, 1955. He was given a general discharge under honorable conditions, and filed this petition for naturalization on December 21, 1955.

*923 The petitioner has applied for naturalization under the provisions of 8 U.S. C.A. § 1440a, wherein it is provided:

The petitioner has fulfilled all of the requisites for naturalization set out in this statute. The only problem before the Court is whether the petitioner’s lawful entry and physical presence within the United States must be immediate and consecutive with his entry into the armed forces.

The same problem was presented in the Matter of Frank,…