Mr. Hay to Mr. Hardy.
Washington , July 15, 1902 .
Sir: Your No. 63 of the 13th ultimo, relative to the passport of Meta Schwarz, has been received.
In reply I have to say that the Department does not think that Miss Schwarz at the time her father was admitted to citizenship was “dwelling in the United States” within the meaning of Revised Statutes, section 2172. The word “dwelling” is regarded as a word of narrower meaning than “residing.” In other words, a person might have a legal residence in the United States while dwelling for the time being in Europe. He can not, however, be “dwelling” in the United States while physically absent from the country.
While the law (Rev. Stats., sec. 2172) permits the minor son of an alien to come to the United States immediately before his father’s naturalization here and to leave the United States a full-fledged citizen the day after such naturalization, to construe the statute as conferring citizenship upon a minor who is not in the United States at the time of the father’s naturalization nor subsequently would be to open the door needlessly to further abuses.
Inasmuch as the passport has been issued to her, this particular case is ended. But you will be guided by the foregoing in all similar cases which may arise in future.
I am, etc.,