1206-648
Decided by the Central Office November 25, 1953
Citizenship — Status — Member of a religious order assigned to duty in the country of her birth — Section 406 (b) of the Nationality Act of 1940.
A member of a religious order of nurses, having its principal place of business in the United States, who is assigned by such religious order to work in a hospital in the country of her birth from 1942 to 1952 for which she receives general maintenance but not fixed compensation is regarded as having resided abroad temporarily during that period, solely as a representative of the religious organization and her maintenance by that organization may be regarded as substantial compensation for her services within the contemplation of section 406 (b) of the Nationality Act of 1940. Therefore, her temporary absence from the United States comes within the purview of that statute excepting her from the operation of section 404 (b) of the said act, and a new certificate of naturalization in lieu of one destroyed may be issued.
BEFORE THE CENTRAL OFFICE
Discussion: The applicant, A---- W---- W---- (Sister M---- E----), was naturalized as a citizen of the United States by the Superior Court of Chelan County, Wash., on May 8, 1941. Her application for a new certificate of naturalization in lieu of the original certificate No. 5062279 issued to her and later inadvertently destroyed, was denied by the district director of this Service at Seattle, Wash., solely on the ground that she was expatriated by operation of section 404 (b) of the Nationality Act of 1940, by reason of her residence in Canada, where she was born, for more than 3 years subsequent to her naturalization. The application is now before this office on appeal from that decision.
The applicant is a nurse. Since prior to her naturalization she has been a member of the congregation of the Sisters of St. Joseph of Newark, a Catholic religious organization, incorporated under the laws of Washington, whose principal place of business is located in Bellingham, Wash.
On October 28, 1942, the religious organization transferred the applicant to its house at the Mater Misercordia Hospital, Rosaland, B.C., Canada, where she served as a nurse in the order until October 1952, at which time she was returned to the United States to become superintendent of nurses at St. Joseph's Hospital in Bellingham, Wash. The applicant's said employment in Canada was in her capacity as a member of the indicated religious organization, and for a few weeks each year she returned to Bellingham, Wash., in connection with religious contemplation, although her place of general abode remained in Canada. She was subject to the directions of the organization. She testified that she receives her orders from the mother general of the organization.
Sisters of the named religious organization render their service without fixed compensation, other than their general maintenance. This may be regarded as enabling the applicant to assist in carrying out the charitable and religious functions of the organization, and, therefore, substantial for the purpose of her employment.
Upon consideration of the entire record, it is concluded that during the applicant's stay in Canada from 1942 to 1952 she was residing abroad temporarily, solely as a representative of the said religious organization, and that her maintenance by the organization may be regarded as substantial compensation for her services, within the contemplation of section 406 of the Nationality Act of 1940. For the reasons stated, her temporary absence from the United States comes within the purview of that statute, excepting her from the operation of section 404 (b) of the said act. Her appeal will be sustained.
Order: It is ordered that the appeal of A---- W---- W---- (Sister M---- E----) from the order of the district director of this Service at Seattle, Wash., denying her application for a new certificate of naturalization in lieu of one heretofore issued to her and inadvertently destroyed, be sustained.
It is further ordered that the application and related file in this case be returned to the district director of this Service at Seattle, Wash., for appropriate action in accordance with the foregoing.