FORMAN, Chief Judge.
The petitioner, Claus Wolfgang Leuthold, is a native and a citizen of the Free State of Danzig. He enlisted in the United States Army, while in Europe, on September 5, 1952.
He entered the United States on November 9, 1952, pursuant to military orders.
On October 26, 1953, the applicant filed his petition for naturalization under the provisions of the Act of June 30, 1953, Public Law 86, 83d Congress, Chapter 162, 1st Session (H.R. 4233).
Under the last stated law Congress sought to enact legislation which was designed to give a preference in naturalization to alien soldiers who entered the Armed Forces within the period after June 24, 1950 and not later than July 1, 1955. After ninety days of active service they are eligible for naturalization upon compliance with all of the requirements of the Immigration and Naturalization Act, 8 U.S.C.A. § 1101 et seq., except for certain specifications, provided they have been admitted to the United States lawfully for permanent residence, or having been admitted to the United States lawfully, have been physically present within the United States for a single period of at least one year at the time they entered the Armed Forces.
The petitioner entered the United States on orders of the Armed Forces of which he was a member. His entry, however, was not for permanent residence but at the command of his superior officers. At the time he entered the Armed Forces he was in Europe and had not been in the United States so that he cannot fulfill the requirement that he was physically present within the United States for at least one year in a single period at the time he entered the Armed Forces. Hence he is not eligible for the benefits provided under this law.
The authority for his entrance into the Armed Forces of the United States is to be found in a Congressional enactment, approved June 30, 1950, sometimes called the Lodge Act. It provided for the recruitment until June 30, 1953 into the Regular Army for periods of not less than five years of 2,500 qualified unmarried male aliens to be integrated into established units of citizen soldiers
By this legislation the privilege of qualification for citizenship, given to members of the Armed Forces who served during World War I and World War II, in c. 360, P.L. 567, 80th Congress, Second Session, 62 Stat. 281, was extended to those recruited under the Act of 1950 aforesaid. The particular provision governing petitioner's enlistment on September 5, 1952 is codified in the Immigration and Nationality Act, approved June 27, 1952, and is as follows:
The explanation of the purpose of the original enactment under the amendment of which the petitioner was enlisted in the Army, as gleaned from the Senate and House Reports, is illuminating. From them we learn:
Again it is obvious that this petitioner may not be granted naturalization under this provision of the law until he has completed at least five years of military service and has earned an honorable discharge.
At the hearing the petitioner stated that he had entered into negotiations with the authorities of the United States for a visa to this country for permanent residence and had been assured that he was eligible for such permission. Circumstances, however, he said, prevented him from consummating his application and he subsequently enlisted in the Army abroad. Whether or not he can still obtain such permission to enter the United States and whether, if granted, he will then be brought within the provisions of the enactment of June 30, 1952, are questions the answers to which need not be anticipated now.
Meanwhile he is clearly not entitled to have his present petition for naturalization granted. Hence it will be dismissed without prejudice.
Let an order to that effect be entered.