Acheson

Plaintiffs, through their father, Wong Gan Chee, have filed a petition for declaratory judgment establishing United States nationality under Section 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 .

Wong Gan Chee is a United States citizen who was first admitted to the United States on October 10, 1928. He remained in this country until August 9, 1940, on which date he departed for China after obtaining from the Immigration and Naturalization Service a returning citizen’s form which indicated an intention to make a temporary visit for a period of six months to two years. By force of circumstances, he was detained in China until November 1946.

During Wong Gan Chee’s absence from the United States, he married in China on October 28, 1940. Plaintiffs were born of this marriage in 1943 and 1945 respectively.

At the time of Wong Gan Chee’s departure from the United States he was twenty years and seven months of age. He had lived in the United States continuously for more than ten years, but lacked five months of completing a five year period after attaining the age of sixteen.

The sole' question for the Court’s determination of plaintiffs’ right to enter the United States as…