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(2) The head of the executive agency under which the individual served
shall decide whether the individual satisfied the requirements of paragraph
(1)(A) and (B) of this subsection.
(c) REQUESTS.—A request to grant posthumous citizenship to an individ-
ual under this section may be filed only by an individual who is, as defined
by the Attorney General, the next of kin or another representative. The At-
torney General shall approve the request if—
(1) the request is filed not later than 2 years after the date of the
individual’s death;
(2) the request includes a certificate from the executive agency under
which the individual served stating that the individual satisfied the re-
quirements of subsection (b)(1)(A) and (B) of this section; and
(3) the Attorney General finds that the individual satisfied the re-
quirements of subsection (b)(1)(C) of this section.
(d) DOCUMENTATION.—If the Attorney General approves a request under
this section, the Attorney General shall provide the individual who filed the
request with a document stating that the United States Government consid-
ers the individual for whom the request was filed to have been a citizen of
the United States at the time of the individual’s death.
(e) NO BENEFITS TO SURVIVORS.—The granting of posthumous citizen-
ship to an individual under this section does not provide any benefits under
this title for any relative of the individual.
§ 20315. Individuals who lost citizenship by entering the
armed forces of a foreign country
(a) GENERAL.—An individual may be naturalized without regard to sec-
tion 20301(a)(3)–(6) or (9) of this title if—
(1) the individual, when a citizen of the United States, served in the
armed forces of a foreign country at any time during the period from
September 1, 1939, through September 2, 1945;
(2) that foreign country was at war with a foreign country with
which the United States was at war after December 7, 1941, and be-
fore September 2, 1945;
(3) the individual lost citizenship of the United States by entering,
serving in, or taking an oath or obligation to enter or serve in, those
armed forces;
(4) the individual intends to reside permanently in the United
States; and
(5) the individual has been of good moral character, attached to the
principles of the Constitution, and well disposed to the good order and
happiness of the United States for at least 5 years immediately before
taking the oath required for naturalization.
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(b) PREVIOUS STATUS REACQUIRED.—An individual naturalized under
this section or section 323 of the Nationality Act of 1940 (ch. 876, 54 Stat.
1149) has, from the date of naturalization, the same status as a citizen at
birth or a naturalized citizen that the individual had before losing citizen-
ship. Naturalization of the individual does not confer citizenship retro-
actively on the individual for the period that the individual was not a citizen
of the United States.
(c) NONAPPLICATION TO CERTAIN INDIVIDUALS.—This section does not
apply to an individual who served in the armed forces of a foreign country
at any time during the period from September 1, 1939, through September
2, 1945, when that country was at war with the United States.
§ 20316. Alien enemies
(a) WHEN INDIVIDUAL IS ALIEN ENEMY.—In this section, an alien
enemy is an individual who is a native, citizen, subject, or denizen of a
country or sovereignty at war with the United States. That individual ceases
to be an alien enemy when the hostilities between the United States and
the individual’s country or sovereignty are declared ended by proclamation
of the President or concurrent resolution of Congress.
(b) SPECIFIC CONDITIONS FOR NATURALIZATION.—An alien enemy may
be naturalized as a citizen of the United States only if—
(1) the alien enemy’s application for naturalization was filed before
the war began, except that the Attorney General may waive this re-
quirement;
(2) the alien enemy’s loyalty is established on investigation by the
Attorney General; and
(3) the alien enemy is otherwise eligible to be naturalized.
(c) NOTICE AND CONTINUANCE.—An examination or hearing on an alien
enemy’s application for naturalization may be held only after 90 days’ notice
to the Attorney General. If the Attorney General objects to consideration
of the application, the application shall be continued for as long as the At-
torney General requires.
(d) LAWFUL APPREHENSION
AND REMOVAL ALLOWED.—This section
does not prevent the lawful apprehension and removal of an alien enemy.
§ 20317. Individuals born outside the United States who lost
citizenship by not coming to the United States
(a) GENERAL.—An individual may be naturalized by taking the oath re-
quired for naturalization, without filing an application for naturalization or
complying with any other requirement for naturalization, if the individual—
(1) was a citizen of the United States at birth;
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(2) lost that citizenship by failing to comply with the physical pres-
ence requirement of section 301(b) of the Immigration and Nationality
Act (ch. 477, 66 Stat. 236) (as in effect before October 10, 1978); and
(3) is not ineligible to be naturalized under section 20331 of this
title.
(b) OATH PROCEDURE.—(1) An individual satisfying subsection (a) of
this section may take the oath—
(A) in the United States before the Attorney General or a judge or
a clerk of a court described in section 20511 of this title; or
(B) outside the United States before a diplomatic or consular officer.
(2) The Attorney General, court, embassy, legation, or consulate, as ap-
propriate, shall—
(A) enter the oath in the records of the Attorney General, court, em-
bassy, legation, or consulate; and
(B) deliver to the individual, on the individual’s request, a certified
copy of the proceedings and oath, under seal of the Department of Jus-
tice, court, embassy, legation, or consulate, at a cost of not more than
$5.
(3) A certified copy of the proceedings and oath delivered under para-
graph (2) of this subsection is evidence of the facts stated in the copy in
any court of record, judicial tribunal, or agency.
(c) PREVIOUS STATUS REACQUIRED.—An individual naturalized under
this section has, from the date of naturalization, the status of a citizen of
the United States at birth. Naturalization of the individual does not confer
citizenship on the individual retroactively for any period that the individual
was not a citizen of the United States.
§ 20318. Women who lost citizenship through marriage
(a) GENERAL.—(1) A woman may be naturalized without regard to sec-
tion 20301(a)(3)–(6) of this title if she—
(A) lost citizenship of the United States—
(i) by marrying an alien before September 22, 1922;
(ii) by marrying after September 21, 1922, an alien who was
ineligible to become a citizen of the United States; or
(iii) through her husband’s loss of citizenship of the United
States before September 22, 1922; and
(B) has taken no affirmative action to acquire the nationality of an-
other country except by marriage.
(2) A woman described in paragraph (1) of this subsection may be natu-
ralized without regard to section 20301(a)(2) of this title if she has resided
in the United States continuously since the date of her marriage.