
359 U.S. 102 (1959)
TAK SHAN FONG
v.
UNITED STATES.
No. 110.
Supreme Court of United States.
Argued February 24, 1959.
Decided March 23, 1959.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
William B. Mahoney argued the cause and filed a brief for petitioner.
John F. Davis argued the cause for the United States. On the brief were Solicitor General Rankin, Assistant Attorney General Anderson, Beatrice Rosenberg and J. F. Bishop.
MR. JUSTICE BRENNAN delivered the opinion of the Court.
Petitioner, a native and citizen of China, seeks naturalization pursuant to the provisions of an Act of Congress, passed in 1953, designed to facilitate the naturalization of aliens who served in our armed forces during the general *103 period of the Korean hostilities.[1] The statute provides for the naturalization of aliens serving at least 90days in the armed forces after June 24, 1950, and not later than July 1, 1955:
"(1) having been lawfully admitted to the United States for permanent residence, or (2) having been lawfully admitted to the United States, and having been physically present within the United States for a single period of at least one year at the time of entering the Armed Forces . . . ."
Petitioner first entered the United States on August 24, 1951, at Honolulu on a seaman's 29-day pass, and departed from the country with his ship. On January 27, 1952, petitioner again entered the United States at Newport News, where the vessel on which he was employed was then touching. The exact circumstances of this entry are disputed, but it is conceded on