In re Apollonio

DAWSON, District Judge.

This case presents the issue as to whether an alien seaman who remained in the United States illegally after the expiration of his seaman’s pass, but later served in the United States Army, is eligible for naturalization.

Petitioner, a native and citizen of Italy, seeks to be naturalized pursuant to Public Law 86, Chapter 162 of the 83rd Congress, 67 Stat. 108, 8 U.S.C.A. 1440a et seq.1 The Immigration and Naturalization Service recommends that the petition be denied, on the ground that petitioner was not lawfully admitted to the United States.

The following facts are not…