418
(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 department
under which the individual served stating that the individual satisfied
the requirements 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 Government considers the individ-
ual 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.
§ 20316. 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.
(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.
419
(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.
§ 20317. 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.
§ 20318. 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;
(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
420
(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 federal department, agency, or in-
strumentality.
(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.
§ 20319. 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.
(b) NATURALIZATION ON TAKING OATH FOR CERTAIN WOMEN.—(1) A
woman may be naturalized by taking the oath required for naturalization,
without filing an application for naturalization or complying with any other
requirement for naturalization, if—
(A) she was a citizen of the United States at birth;
(B) she lost that citizenship by marrying—
(i) an alien before September 22, 1922; or
(ii) after September 21, 1922, an alien who was ineligible to be-
come a citizen of the United States;
421
(C) her marriage to that alien ended after January 12, 1941;
(D) she has taken no affirmative action to acquire the nationality
of another country except by marriage; and
(E) she is not ineligible to be naturalized under section 20331 of this
title.
(2) A woman satisfying paragraph (1) of this subsection 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.
(3) 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 woman, on her request, a certified copy of the pro-
ceedings and oath, under seal of the Department of Justice, court, em-
bassy, legation, or consulate, at a cost of not more than $5.
(4) A certified copy of the proceedings and the oath delivered under para-
graph (3) of this subsection is evidence of the facts stated in the copy in
any court of record, judicial tribunal, or federal department, agency, or in-
strumentality.
(c) PREVIOUS STATUS REACQUIRED.—A woman naturalized under this
section or section 317(a) or (b) of the Nationality Act of 1940 (ch. 876,
54 Stat. 1146) has, from the date of naturalization, the same status as a
citizen at birth or a naturalized citizen that she had before losing citizen-
ship. Naturalization of the woman does not confer citizenship on the woman
retroactively for any period that she was not a citizen of the United States.
§ 20320. Nationals residing in American Samoa
Residence and physical presence in American Samoa are deemed to be
residence and physical presence in the United States under section
20301(a)(3), (4), and (6) of this title for an individual who—
(1) is a national, but not a citizen, of the United States; and
(2) becomes a resident of a State.
§ 20321. Philippine citizens who entered before May 1, 1934
An individual who was a citizen of the Commonwealth of the Philippines
on July 2, 1946, entered the United States before May 1, 1934, and has
resided in the United States continuously since entry, is deemed to have
been lawfully admitted for permanent residence.
422
SUBCHAPTER II—INELIGIBILITY
§ 20331. Individuals dangerous to the welfare, safety, and se-
curity of the United States
(a) GROUNDS FOR DISALLOWING NATURALIZATION.—An individual may
not be naturalized as a citizen of the United States if, at any time during
the 10 years before filing the application for naturalization or from the fil-
ing of the application through the time the individual is naturalized, the in-
dividual—
(1) advocates establishing—
(A) a totalitarian communist dictatorship in a country through
an internationally coordinated communist movement; or
(B) a totalitarian dictatorship in the United States;
(2) advocates or teaches—
(A) opposition to all organized government;
(B) the overthrow by unconstitutional means of the Federal
Government or of all forms of law;
(C) the duty, necessity, or propriety of unlawfully assaulting or
killing a particular officer or officers generally of an organized
government because of the official position of the officer or offi-
cers;
(D) unlawfully damaging or destroying property; or
(E) sabotage;
(3) writes, publishes, causes to be written or published, knowingly
distributes, prints, displays, or causes to be distributed, printed, pub-
lished, or displayed, or knowingly possesses to publish, distribute, or
display, written material—
(A) advocating or teaching opposition to all organized govern-
ment; or
(B) advocating—
(i) the overthrow by unconstitutional means of the Federal
Government or of all forms of law;
(ii) the duty, necessity, or propriety of unlawfully assault-
ing or killing of a particular officer or officers generally of an
organized government because of the official position of the
officer or officers;
(iii) unlawfully damaging or destroying property;
(iv) sabotage;
(v) establishing a totalitarian communist dictatorship in a
country through an internationally coordinated communist
movement; or
423
(vi) establishing a totalitarian dictatorship in the United
States; or
(4) is a member of or affiliated with—
(A) the Communist Party of the United States;
(B) another totalitarian party of the United States;
(C) the Communist Political Association;
(D) the Communist or another totalitarian party of a State, a
foreign country, or a political or geographical subdivision of a for-
eign country;
(E) a section, subsidiary, branch, affiliate, or subdivision of an
organization described in subclauses (A)–(D) of this clause (4);
(F) the direct predecessor or successor of an organization de-
scribed in subclauses (A)–(D) of this clause (4), regardless of the
name the organization uses or used;
(G) an organization advocating establishing a totalitarian com-
munist dictatorship in a country through an internationally coordi-
nated communist movement, or establishing a totalitarian dictator-
ship in the United States, through—
(i) the organization’s statements; or
(ii) written material issued or published under the author-
ity of or with the consent of the organization, or paid for by
money provided by the organization;
(H) an organization advocating or teaching—
(i) opposition to all organized government;
(ii) the overthrow by unconstitutional means of the Federal
Government or of all forms of law;
(iii) the duty, necessity, or propriety of unlawfully assault-
ing or killing a particular officer or officers generally of an
organized government because of the official position of the
officer or officers;
(iv) unlawfully damaging or destroying property; or
(v) sabotage; or
(I) an organization writing, distributing, printing, publishing,
displaying, causing to be written, distributed, printed, published,
or displayed, or possessing to distribute, publish, issue, or display,
written material described in clause (3) of this subsection.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply to
an individual who satisfies the Attorney General that the individual’s mem-
bership or affiliation with an organization described in subsection (a)—
(1) is or was involuntary;
(2) ended before the individual’s 16th birthday;
424
(3) is or was by operation of law; or
(4) was for the purpose of, and necessary for, obtaining employment,
food rations, or other essentials of living.
§ 20332. Deserters and draft evaders
An individual convicted of desertion under section 885 of title 10 or of
draft evasion under section 12(h) of the Military Selective Service Act (50
App. U.S.C. 462(h)) is ineligible to become a citizen of the United States.
§ 20333. Aliens exempted or discharged from the armed
forces or the National Security Training Corps
(a) GENERAL.—Except as provided in subsection (b) of this section, an
alien who applies for and is granted an exemption or discharge from serving
or training in the armed forces of the United States or the National Secu-
rity Training Corps because of alienage is ineligible to become a citizen of
the United States. Records of the Selective Service System and the Depart-
ment of Defense are conclusive about whether the alien was granted an ex-
emption or discharge because of alienage.
(b) EXEMPTION PROVIDED UNDER TREATY.—An alien exercising a right
under a treaty to be exempted from serving or training in the armed forces
of the United States is not ineligible under this section or any other law
to become a citizen of the United States if, before exercising the right, the
alien served in the armed forces of a foreign country of which the alien was
a national.
CHAPTER 205—NATURALIZATION PROCEDURE
Sec.
20501.
Authority to naturalize.
20502.
Declarations of intention.
20503.
Applications for naturalization.
20504.
Proof of lawful entry and effect of removal proceedings.
20505.
Investigations.
20506.
Examinations.
20507.
Hearings before immigration officers.
20508.
Judicial review.
20509.
Oath requirement.
20510.
Methods of oath administration.
20511.
Court authority to administer oaths.
20512.
Address to newly naturalized citizens.
20513.
Duties of Attorney General when court is to administer oath.
20514.
Forms and records.
20515.
Fees.
§ 20501. Authority to naturalize
(a) AUTHORITY OF ATTORNEY GENERAL.—Only the Attorney General
has authority to naturalize an individual as a citizen of the United States.
(b) ONLY PROCEDURE.—An individual may be naturalized as a citizen of
the United States only as provided in this subtitle.
425
§ 20502. Declarations of intention
(a) GENERAL.—An individual at least 18 years of age who is residing in
the United States as an alien lawfully admitted for permanent residence
may make a declaration of intention to be naturalized as a citizen of the
United States. However, a declaration is not required for naturalization,
does not confer nationality or the right to nationality on an alien, and is
not evidence of lawful admission for permanent residence.
(b) PROCEDURE.—(1) A declaration under this section must be filed with
the Attorney General in duplicate, accompanied by an application for the
declaration. The application must be approved by the Attorney General.
(2) The application must include 3 identical photographs of the alien.
One photograph shall be attached to the declaration issued by the Attorney
General and the others to the copies of the declaration retained by the At-
torney General.
(c) REPLACEMENT DECLARATION.—The Attorney General shall issue a
new declaration to an alien applying to replace a declaration that the Attor-
ney General finds is lost, destroyed, or mutilated, and if mutilated, is sur-
rendered to the Attorney General. A person coming into possession of a dec-
laration that was lost shall surrender the declaration to the Attorney Gen-
eral.
§ 20503. Applications for naturalization
(a) GENERAL.—An application for naturalization must be filed—
(1) with the Attorney General, in the office of the Immigration and
Naturalization Service for the district in which the individual resides;
and
(2) in person, except when the Attorney General decides the individ-
ual has an illness or other disability sufficiently incapacitating to pre-
vent the individual from filing in person.
(b) FORM AND CONTENTS.—The application for naturalization must—
(1) include a statement that the individual has been lawfully admit-
ted for permanent residence;
(2) include a statement of facts the Attorney General believes may
be material to the individual’s naturalization and required to be proved
under this subtitle;
(3) include 3 identical photographs of the individual signed by the
individual;
(4) be sworn to by the individual; and
(5) be signed by the individual if physically able to write.
(c) EARLY FILING FOR INDIVIDUALS SUBJECT TO CONTINUOUS RESI-
DENCE REQUIREMENT.—An individual subject to a continuous residence re-
quirement under chapter 203 of this title may file an application for natu-
426
ralization not more than 3 months before the date the individual would first
satisfy that requirement.
(d) TRANSFER TO ANOTHER DISTRICT.—If an individual applying for
naturalization moves from the district of the Service in the United States
in which the application is pending, the individual may request the Attorney
General to transfer the application to another district. If the Attorney Gen-
eral transfers the application, the proceedings on the application shall con-
tinue as though the application had been filed originally in the district to
which it is transferred.
(e) WITHDRAWAL AND LACK OF PROSECUTION.—An application for nat-
uralization may be withdrawn only with the consent of the Attorney Gen-
eral. If the Attorney General does not consent to the withdrawal, the appli-
cation shall be decided on its merits. If the applicant does not prosecute
the application, the Attorney General may dismiss it for lack of prosecution.
If the Attorney General does not dismiss the application for lack of prosecu-
tion, it shall be decided on its merits.
§ 20504. Proof of lawful entry and effect of removal proceed-
ings
(a) PROOF OF LAWFUL ENTRY.—An applicant for naturalization has the
burden of proving that the applicant entered the United States lawfully. To
prove a lawful entry, the applicant is entitled to the production of—
(1) the applicant’s immigrant visa or other entry document; and
(2) any other record in the custody of the Attorney General related
to the applicant’s entry that the Attorney General does not consider
confidential.
(b) EFFECT OF REMOVAL PROCEEDINGS.—(1) Except as provided in sec-
tions 20313(d) and 20314 of this title—
(A) an application for naturalization may not be considered if a re-
moval proceeding is pending under an arrest warrant; and
(B) an individual may not be naturalized as a citizen of the United
States if a final finding of deportability is outstanding under an arrest
warrant.
(2) The Attorney General’s findings in ending removal proceedings or
canceling removal are not binding in deciding whether an individual satisfies
the eligibility requirements for naturalization.
§ 20505. Investigations
An employee of the Immigration and Naturalization Service, or other fed-
eral employee designated by the Attorney General, shall conduct a personal
investigation of an applicant for naturalization in each vicinity in which the
applicant has lived or been employed during at least the 5-year period im-
427
mediately before the application was filed. However, the Attorney General
may waive the investigation in a particular case or class of cases.
§ 20506. Examinations
(a) GENERAL.—The Attorney General shall designate employees of the
Immigration and Naturalization Service to conduct examinations of appli-
cants for naturalization. Examinations shall be uniform throughout the
United States and be limited to inquiring about whether the applicant meets
the eligibility requirements for naturalization. At the time of the examina-
tion, the employee conducting the examination shall inform the applicant of
the remedies available to the applicant under sections 20507 (a) and (b)
and 20508(a) of this title.
(b) DECISIONS.—The employee conducting the examination shall decide
whether the application for naturalization should be granted or denied and
give the reasons.
(c) TRANSMITTAL OF RECORD OF EXAMINATION AND DECISION.—In the
discretion of the Attorney General, the record of the examination may be
transmitted to the Attorney General. When a record is transmitted to the
Attorney General, the decision of the employee conducting the examination
also shall be transmitted to the Attorney General when it is made.
§ 20507. Hearings before immigration officers
(a) GENERAL.—An individual whose application for naturalization is de-
nied after an examination under section 20506 of this title may request a
hearing before an immigration officer. Hearings under this section shall be
held at regular intervals specified by the Attorney General.
(b) SUBPENAS.—(1) On the applicant’s request at the time of requesting
a hearing, the immigration officer shall subpena witnesses named by the ap-
plicant to appear at the hearing. If a witness cannot be produced at the
hearing, other witnesses may be subpenaed after notice to the Attorney
General, in the way and at the time prescribed by the Attorney General by
regulation.
(2) A subpena issued under this subsection may be enforced as provided
in section 321(b) of this title.
(3) A witness willfully disobeying a subpena to appear and testify at a
final hearing under this section shall be fined under title 18, imprisoned for
not more than 5 years, or both.
(c) APPEARANCE OF ATTORNEY GENERAL.—At a hearing under this sec-
tion, the Attorney General may call, examine, and cross-examine witnesses,
including the applicant, produce other evidence, and argue for or against
granting the application for naturalization.
428
(d) ADMISSIBILITY OF RECORDS OF EXAMINATION.—The record of the
examination conducted under section 20506 of this title is admissible as evi-
dence in a hearing conducted under this section.
§ 20508. Judicial review
(a) FAILURE TO MAKE TIMELY DECISIONS AFTER EXAMINATIONS.—If
the employee conducting an examination under section 20506 of this title
does not make a decision on an application for naturalization within 120
days after the date of the examination, the applicant may request the dis-
trict court of the United States for the district in which the applicant re-
sides to hold a hearing on the matter. The court may—
(1) order the application granted or denied; or
(2) remand the matter, with appropriate instructions, to the em-
ployee conducting the examination.
(b) DENIALS AFTER HEARINGS.—An individual whose application for
naturalization is denied after a hearing under section 20507 of this title
may obtain review of the denial in the United States district court for the
district in which the individual resides. At the individual’s request, the court
shall hold a new hearing. Regardless of whether the court holds a new hear-
ing, the court shall make its own findings of fact and conclusions of law.
§ 20509. Oath requirement
(a) OATH OF ALLEGIANCE.—To be naturalized as a citizen of the United
States, an individual must take an oath, in substance—
(1) to support the Constitution;
(2) to support and defend the Constitution and laws of the United
States against all enemies foreign and domestic;
(3) to bear true faith and allegiance to the Constitution and laws of
the United States;
(4) to renounce all allegiance to any foreign prince, potentate, coun-
try, or sovereignty of which the individual was a citizen or subject; and
(5) to comply with a requirement of law—
(A) to bear arms for the United States;
(B) to perform noncombatant service in the armed forces of the
United States when wearing the uniform of a branch of the armed
forces and subject to military discipline and court martial; or
(C) to perform work of national importance under civilian direc-
tion.
(b) OMISSIONS FROM OATH BECAUSE OF RELIGIOUS BELIEF.—(1) In
this subsection, ‘‘religious belief’’ means belief in a relation to a Supreme
Being involving duties superior to those arising from a human relation, but
does not include essentially political, sociological, or philosophical views or
a personal moral code.
429
(2) If an individual satisfies the Attorney General by clear and convincing
evidence that, because of religious belief, the individual opposes—
(A) bearing arms in the armed forces of the United States, the indi-
vidual may omit from the oath the substance of subsection (a)(5)(A)
of this section; or
(B) any kind of service in the armed forces of the United States,
the individual may omit from the oath the substance of subsection
(a)(5) (A) and (B) of this section.
(c) WAIVER FOR YOUNG CHILD.—If the Attorney General believes that
a child is unable to understand the meaning of the oath, the Attorney Gen-
eral may waive the requirement that the child take the oath.
(d) OATH RENOUNCING HEREDITARY TITLES AND ORDERS.—In addition
to taking the oath under subsection (a) of this section, an individual who
has a hereditary title or belongs to an order of nobility must take an oath
expressly renouncing the title or order. The oath under this subsection must
be taken in the same public ceremony as the oath under subsection (a) and
shall be recorded as a part of the proceeding.
§ 20510. Methods of oath administration
(a) PUBLIC CEREMONY.—To be naturalized as a citizen of the United
States, an individual must take the oath required for naturalization in a
public ceremony. However, the Attorney General may waive the public cere-
mony requirement if the Attorney General decides the individual has an ill-
ness or other disability sufficiently incapacitating to prevent the individual’s
personal appearance.
(b) RIGHT TO CHOOSE.—(1) The individual may choose to take the oath
before the Attorney General or a court authorized by section 20511 of this
title, except when—
(A) a court has exclusive authority under section 20511(c) of this
title; or
(B) a court has referred the applicant to the Attorney General for
an expedited oath administration under subsection (c)(3) of this sec-
tion.
(2) The individual shall notify the Attorney General of the choice to take
the oath before a court.
(c) EXPEDITED OATH ADMINISTRATION.—(1) On demonstrating suffi-
cient cause, an individual may be granted an expedited oath administration
by the Attorney General or a court.
(2) When a court is deciding whether to grant an expedited oath adminis-
tration, the court shall consider—
(A) special circumstances such as serious illness of the applicant or
a member of the applicant’s immediate family, permanent disability
430
sufficiently incapacitating to prevent the applicant’s personal appear-
ance at the scheduled ceremony, developmental disability, or advanced
age; and
(B) exigent circumstances related to travel or employment.
(3) If an expedited oath administration by a court is impracticable, the
court shall refer the individual to the Attorney General. The Attorney Gen-
eral then may provide for immediate administration of the oath.
(d) PUBLIC CEREMONIES CONDUCTED BY ATTORNEY GENERAL.—The
Attorney General shall prescribe regulations to ensure that oath administra-
tion ceremonies conducted by the Attorney General are public, dignified, and
conducted frequently and at regular intervals.
§ 20511. Court authority to administer oaths
(a) DEFINITION.—In this section, ‘‘eligible court’’ means—
(1) a district court of the United States in any State; and
(2) any other court of record in a State if the court has a seal, a
clerk, and jurisdiction in actions at law, equity, or both, in which the
amount in controversy is unlimited.
(b) GENERAL AUTHORITY.—An eligible court may administer the oath re-
quired for naturalization to individuals residing within the jurisdiction of the
court.
(c) EXCLUSIVE AUTHORITY.—(1) Subject to paragraphs (2) and (4) of
this subsection, an eligible court that wishes to have exclusive authority to
administer the oath to individuals residing within the jurisdiction of the
court has that authority on notifying the Attorney General.
(2) The exclusive authority of a court to administer the oath applies to
an individual—
(A) only during the 45-day period beginning on the date the Attor-
ney General certifies to the court that the individual is eligible to be
naturalized; and
(B) only if, before the date of that certification, the court has noti-
fied the Attorney General of the dates during that 45-day period when
oath administration ceremonies by the court are scheduled.
(3) Subject to paragraph (4) of this subsection, the Attorney General may
not administer the oath to an individual during the period of a court’s ex-
clusive authority under paragraph (2) of this subsection.
(4) A court may waive the exclusive authority to administer the oath to
an individual if the Attorney General has not provided the court the certifi-
cate of eligibility for that individual within a reasonable time before the day
scheduled by the court for the oath administration ceremony. When notified
of a court’s waiver, the Attorney General promptly shall notify the appli-
cant.
431
(d) NAME CHANGES.—On petition of an individual applying for natu-
ralization, the court may order a change in the name of the individual as
part of the administration of the oath by the court. The certificate of natu-
ralization shall be issued with the new name.
§ 20512. Address to newly naturalized citizens
To enlist the aid of the judiciary, in cooperation with civil and educational
authorities, and patriotic organizations in a continuous effort to dignify and
emphasize the significance of citizenship, the judge or someone designated
by the judge shall address the newly naturalized citizen, either at the time
of the rendition of the decree of naturalization or at another time the judge
may fix, on the form and genius of the Federal Government and the privi-
leges and responsibilities of citizenship.
§ 20513. Duties of Attorney General when court is to admin-
ister oath
(a) GENERAL.—When a court is to administer the oath to an individual
applying for naturalization, the Attorney General shall—
(1) provide the court with information necessary to administer the
oath to the individual, and if the court has exclusive authority under
section 20511(c) of this title, provide the information not later than 10
days after approving the application for naturalization; and
(2) promptly provide the court a certificate of naturalization pre-
pared by the Attorney General for the individual.
(b) NOTICE TO APPLICANTS OF COURT’S EXCLUSIVE AUTHORITY.—(1)
If a court has exclusive authority to administer the oath, the Attorney Gen-
eral shall inform the applicant, at the time of approval of the application
for naturalization, of—
(A) the court’s exclusive authority to administer the oath during the
period specified in section 20511(c)(2)(A) of this title; and
(B) the dates when oath administration ceremonies by the court are
scheduled.
(2) If more than one court in an area has exclusive authority to admin-
ister the oath, the Attorney General shall allow the applicant, at the time
of approval, to choose the court to administer the oath.
§ 20514. Forms and records
(a) FORMS.—The Attorney General shall prescribe and provide forms to
carry out this chapter and sections 20901 and 20902 of this title. Only
those forms are lawful. Certificates of naturalization and certificates of citi-
zenship shall be printed on safety paper and numbered consecutively in sep-
arate series.
(b) DECLARATIONS OF INTENTION AND APPLICATIONS FOR NATURALIZA-
TION.—Each district office of the Immigration and Naturalization Service
432
in the United States shall maintain, in chronological order, consecutively
numbered, and indexed, as a permanent record, all declarations of intention
and applications for naturalization filed in that office.
(c) DUTIES OF CLERKS OF COURTS.—The clerk of a court administering
oaths to applicants for naturalization shall—
(1) take responsibility for all blank certificates of naturalization re-
ceived from the Attorney General;
(2) return to the Attorney General any certificate of naturalization
that is unusable because damaged;
(3) account to the Attorney General for blank certificates of natu-
ralization when required by the Attorney General;
(4) give a certificate of naturalization prepared by the Attorney Gen-
eral under section 20513(a)(2) of this title to each individual adminis-
tered the oath by the court;
(5) provide the Attorney General with a list of individuals taking the
oath at each scheduled ceremony, and information about each of those
individuals, not later than 30 days after the end of the month in which
the oath was administered; and
(6) provide the Attorney General with a certified copy of other pro-
ceedings in, and orders by, the court related to the naturalization of
individuals, when required by the Attorney General.
(d) COPIES OF OATHS OF INDIVIDUALS WHO LOST CITIZENSHIP BY EN-
TERING ARMED FORCES OF FOREIGN COUNTRIES.—When an individual de-
scribed in section 20316 of this title is naturalized, a certified copy of the
oath taken by the individual shall be provided by—
(1) the Attorney General to the Secretary of State if the oath was
administered by the Attorney General; and
(2) the clerk of the court to the Attorney General and the Secretary
if the oath was administered by a court.
§ 20515. Fees
(a) GENERAL.—The Attorney General shall charge, collect, and account
for fees prescribed by the Attorney General under section 9701 of title 31
for—
(1) filing a declaration of intention and issuing a duplicate declara-
tion; and
(2) filing an application for naturalization, holding a hearing on the
application, and issuing a certificate of naturalization.
(b) SUBPENA AND WITNESS FEES.—When filing an application for natu-
ralization, an individual requesting the issuance of a subpena under section
20507(b) of this title shall deposit with the Attorney General an amount
sufficient to cover the cost of subpenaing each witness and paying the wit-
433
ness the usual witness fee. On final discharge of the witness and demand
for payment, the Attorney General shall pay the witness the usual witness
fee from the amount deposited. The Attorney General shall return any re-
maining amount to the individual.
(c) EXEMPTION FOR INDIVIDUALS SERVING IN ARMED FORCES DURING
WAR OR MILITARY OPERATIONS.—(1) Except as provided in paragraph (2)
of this subsection, an individual serving in the armed forces of the United
States may not be charged a fee for filing an application for naturalization
or for issuance of a certificate of naturalization when the United States is
at war or engaged in military operations involving armed conflict with a
hostile foreign force as designated by the President by executive order.
(2) If a state law requires a fee to be charged, the clerk of a state court
may charge that part of the fee required to be paid to the State.
(3) The clerk of a court shall report all transactions made under this sub-
section to the Attorney General not later than 30 days after the end of the
month in which the transaction was made.
(d) EXEMPTION FROM REPLACEMENT FEES
FOR INDIVIDUALS WHO
SERVED IN ARMED FORCES.—An individual may not be charged a fee for
filing an application to replace a declaration of intention or a certificate of
naturalization that is lost, destroyed, or mutilated if the individual served
in the armed forces of the United States after September 16, 1940, and
was not—
(1) discharged other than honorably;
(2) discharged because of alienage; or
(3) a conscientious objector who performed no military duty or re-
fused to wear the uniform.
(e) DISPOSITION OF FEES.—(1) Except as otherwise provided in this sub-
section, the Attorney General shall deposit all fees collected by the Attorney
General under this subtitle in the ‘‘Immigration Examinations Fee Ac-
count’’ established under section 346(a) of this title.
(2) Fees collected by the Attorney General under this subtitle from resi-
dents of the Virgin Islands or Guam shall be paid to the treasury of the
Virgin Islands or Guam, respectively.
(3) A percentage of the fees described in subsection (a)(1) of this section
collected by the Attorney General shall be paid to courts administering
oaths under this chapter. In consultation with the courts, the Attorney Gen-
eral shall determine the percentage each year based on—
(A) the costs incurred by the courts for essential services directly re-
lated to the naturalization process; divided by
(B) the total of those costs incurred by the courts and the Immigra-
tion and Naturalization Service.
434
(f) REPORTS AND CONSULTATIONS.—The Attorney General shall—
(1) provide an annual report to the Committees on the Judiciary of
the Senate and House of Representatives on the use of the fees de-
scribed in subsection (e)(3) of this section; and
(2) consult with those committees before increasing those fees.
CHAPTER 207—LOSS OF NATIONALITY
SUBCHAPTER I—BY VOLUNTARY ACTS
Sec.
20701.
Acts resulting in loss of nationality.
20702.
Acts not resulting in loss of nationality.
20703.
Presumption that act is done voluntarily.
SUBCHAPTER II—REVOCATION OF NATURALIZATION
20711.
Application.
20712.
Grounds.
20713.
Procedure.
20714.
Effect on automatic naturalization.
20715.
Cancellation of certificate of naturalization.
20716.
Authority not affected.
SUBCHAPTER III—MISCELLANEOUS
20731.
Burden of proof.
SUBCHAPTER I—BY VOLUNTARY ACTS
§ 20701. Acts resulting in loss of nationality
Except as provided in section 20702 of this title, a national of the United
States loses nationality of the United States under this subchapter only by
voluntarily performing any of the following acts with the intention of relin-
quishing nationality of the United States:
(1) becoming a national of a foreign country, after becoming 18
years of age—
(A) on application of the national; or
(B) on application for the national filed by an agent of the na-
tional.
(2) taking an oath or making a declaration of allegiance to a foreign
country or a political subdivision of a foreign country after becoming
18 years of age.
(3) entering or serving in the armed forces of a foreign country if—
(A) the armed forces are engaged in hostilities against the Unit-
ed States; or
(B) the individual serves as a commissioned or noncommissioned
officer.
(4) accepting, serving in, or carrying out the duties and powers of
an office, a post, or employment under the government of a foreign
country or a political subdivision of a foreign country, after becoming
18 years of age, if—
(A) the individual is or becomes a national of the foreign coun-
try; or
435
(B) the office, post, or employment requires an oath or declara-
tion of allegiance.
(5) making a formal renunciation of nationality in a foreign country
before a diplomatic or consular officer in the way the Secretary of
State prescribes.
(6) making a formal written renunciation of nationality in the Unit-
ed States in the way the Attorney General prescribes before an officer
or employee the Attorney General designates when the United States
is in a state of war and the Attorney General approves the renunciation
as not against the defense interests of the United States.
(7) committing any of the following offenses for which the individual
is convicted by a court or court martial:
(A) treason against the Federal Government.
(B) attempting by force to overthrow the Government.
(C) bearing arms against the Government.
(D) violating or conspiring to violate section 2383 of title 18.
(E) violating section 2384 of title 18 by conspiring to over-
throw, put down, or destroy by force the Government or to carry
on war against the Government.
(F) willfully violating section 2385 of title 18.
§ 20702. Acts not resulting in loss of nationality
(a) WHEN NATIONAL IN THE UNITED STATES OR AMERICAN SAMOA.—
A national of the United States does not lose nationality under section
20701(1)–(4) of this title when the national is in the United States or
American Samoa. However, an act specified in section 20701(1)–(4) and
carried out in the United States or American Samoa results in the loss of
nationality when the national establishes a residence outside the United
States and American Samoa.
(b) WHEN ENTERING
OR SERVING
IN ARMED FORCES
OF FOREIGN
COUNTRY OR RENOUNCING NATIONALITY AS MINOR.—A national of the
United States does not lose nationality under section 20701(3) or (5) of this
title when less than 18 years of age if the national claims the nationality
within 6 months after becoming 18 years of age. The claim shall be made
in the way the Secretary of State prescribes by regulation.
(c) WHEN MARRYING MALE ALIEN.—Notwithstanding any treaty ratified
by the Senate before December 25, 1952—
(1) a woman who was a national of the United States did not lose
nationality only because of marriage after—
(A) September 21, 1922, to an alien; or
(B) March 2, 1931, to an alien who was ineligible to become
a citizen of the United States because of race; and
436
(2) a woman who was a citizen of the United States at birth did not
lose nationality because of residence outside the United States after a
marriage referred to in clause (1) of this subsection.
§ 20703. Presumption that act is done voluntarily
An individual carrying out an act resulting in the loss of nationality
under this subchapter or any other law is presumed to have carried out the
act voluntarily. The presumption may be rebutted on a showing by a pre-
ponderance of the evidence that the act was not carried out voluntarily.
SUBCHAPTER II—REVOCATION OF NATURALIZATION
§ 20711. Application
This subchapter applies to any naturalization and certificate of natu-
ralization issued under this title or any other law.
§ 20712. Grounds
(a) GENERAL.—A court in which a civil action is brought under section
20713 of this title shall revoke the order of naturalization of an individual
as a citizen of the United States and cancel the individual’s certificate of
naturalization if the court decides—
(1) the order and certificate were obtained unlawfully, by conceal-
ment of a material fact, or by willful misrepresentation; or
(2) for an individual naturalized under section 20314 of this title,
the individual was discharged from the armed forces of the United
States other than honorably.
(b) REFUSAL TO TESTIFY BEFORE CONGRESSIONAL COMMITTEE.—The
refusal of an individual within 10 years after naturalization of the individual
to testify as a witness before a congressional committee about subversive ac-
tivities of the individual is concealment of a material fact or willful mis-
representation under subsection (a)(1) of this section if the individual is
convicted of contempt for the refusal.
(c) MEMBERSHIP IN, OR AFFILIATION WITH, CERTAIN ORGANIZA-
TIONS.—If an individual naturalized after December 24, 1952, became a
member of or affiliated with an organization within 5 years after naturaliza-
tion and the membership or affiliation at the time of naturalization would
have prevented the individual from being naturalized under section 20331
of this title, the membership or affiliation is prima facie evidence that the
individual was not attached to the principles of the Constitution and was
not well disposed to the good order and happiness of the United States at
the time of naturalization. If there is no contrary evidence, a court may act
under subsection (a)(1) of this section on the ground that the naturalization
was obtained by concealment of a material fact or by willful misrepresenta-
tion.
437
(d) ADJUSTMENT OF STATUS.—An individual is deemed to have obtained
naturalization by concealment of a material fact or by willful misrepresenta-
tion if—
(1) the individual was naturalized as a citizen of the United States
based on a record of lawful admission for permanent residence made
as a result of an adjustment of the individual’s status;
(2) the individual was not eligible for the adjustment of status; and
(3) the Attorney General rescinds the adjustment of status under
section 9107(a) of this title.
(e) PROOF OF DISCHARGE FROM ARMED FORCES.—Discharge from the
armed forces of the United States other than honorably shall be proved by
a certification from the head of the executive department of the Federal
Government under which the individual served.
(f) COURTS TO REVOKE NATURALIZATION ORDERS WHEN NATURALIZA-
TION CONVICTIONS INVOLVED.—A court having jurisdiction to try a viola-
tion of section 1425 of title 18 has jurisdiction to revoke orders of natu-
ralization and cancel certificates of naturalization. A court in which an indi-
vidual is convicted of knowingly obtaining naturalization in violation of sec-
tion 1425 shall revoke the order of naturalization of the individual as a citi-
zen and cancel the certificate of naturalization of the individual.
§ 20713. Procedure
(a) BRINGING CIVIL ACTIONS TO REVOKE.—If grounds exist under sec-
tion 20712 of this title, the Attorney General shall bring a civil action to
revoke the order of naturalization of an individual as a citizen of the United
States and to cancel the certificate of naturalization. When bringing the ac-
tion, the Attorney General shall file an affidavit showing good cause.
(b) VENUE.—An action under this section shall be brought in a district
court of the United States for the judicial district in which the individual
resides. If the individual does not reside in a judicial district in the United
States, the action may be brought in the United States District Court for
the District of Columbia or the district in which the individual last resided.
(c) NOTICE AND ANSWER.—The individual shall be given personal notice
and, unless waived, 60 days to answer in an action brought under this sec-
tion. If the individual is absent from the United States or the judicial dis-
trict in which the individual last resided, notice shall be given by personal
service or by publication in the way provided for service by publication or
on absentees by the law of the State or place in which the action is brought.
(d) EFFECTIVE DATE OF REVOCATION AND CANCELLATION.—Revocation
and cancellation under this subchapter are effective from the date of the
naturalization order and certificate of naturalization.
438
§ 20714. Effect on automatic naturalization
An individual claiming citizenship of the United States through the natu-
ralization of a parent or spouse loses that citizenship when the order of nat-
uralization of the parent or spouse as a citizen is revoked and the certificate
of naturalization is canceled under—
(1) section 20712(a)(1) of this title because the order and certificate
were obtained by concealment of a material fact or by willful misrepre-
sentation;
(2) section 20712(a)(2) of this title on a ground other than that the
order and certificate were obtained by concealment of a material fact
or by willful misrepresentation, if the individual does not reside in the
United States when the order is revoked and the certificate is canceled;
or
(3) section 20712(c) of this title, if the individual does not reside in
the United States when the order is revoked and the certificate is can-
celed.
§ 20715. Cancellation of certificate of naturalization
(a) DUTIES OF COURT.—A court revoking an order of naturalization as
a citizen of the United States or canceling a certificate of naturalization,
or both, under this subchapter shall prepare an order canceling the certifi-
cate and send a certified copy to the Attorney General.
(b) SURRENDER OF CANCELED CERTIFICATE.—On notice by the court
canceling a certificate of naturalization or by the Attorney General, an indi-
vidual holding a canceled certificate of naturalization shall surrender it to
the Attorney General.
§ 20716. Authority not affected
This subchapter does not affect the authority of the Attorney General to
reopen, change, or vacate an order of naturalization of an individual as a
citizen of the United States.
SUBCHAPTER III—MISCELLANEOUS
§ 20731. Burden of proof
A person claiming that an individual has lost nationality of the United
States under this chapter or any other law has the burden of proving, by
a preponderance of the evidence, that the loss occurred.
CHAPTER 209—NATIONALITY DOCUMENTS
Sec.
20901.
Certificates of naturalization.
20902.
Certificates of citizenship.
20903.
Certificates of nationality.
20904.
Other documents to prove citizenship.
20905.
Cancellation of documents and records.
20906.
Certificates of loss of nationality.
20907.
Certifications of records.
439
§ 20901. Certificates of naturalization
(a) ISSUANCE AND CONTENT.—The Attorney General shall issue a certifi-
cate of naturalization to an individual when the individual is naturalized as
a citizen of the United States. The certificate shall contain—
(1) the number of the individual’s application for naturalization;
(2) the number of the certificate;
(3) the individual’s name (as changed if a change of name is granted
by a court as part of the administration of the oath required for natu-
ralization);
(4) the individual’s signature;
(5) the individual’s place of residence;
(6) a signed photograph of the individual;
(7) a personal description of the individual, including age, sex, and
marital status;
(8) the individual’s prior nationality;
(9) a statement that the Attorney General, having decided that the
individual has satisfied the applicable provisions of this title, ordered
the individual naturalized as a citizen;
(10) the date of the naturalization;
(11) the location of the district office of the Immigration and Natu-
ralization Service in which the application was filed;
(12) the title, authority, and location of the official or court admin-
istering the oath required for naturalization; and
(13) the attestation of an immigration officer and the seal of the De-
partment of Justice.
(b) REPLACEMENT CERTIFICATES.—(1) On application to the Attorney
General, the Attorney General shall issue to a naturalized citizen—
(A) a new certificate of naturalization to replace a certificate that
the Attorney General finds is lost, destroyed, or mutilated, and if muti-
lated, is surrendered to the Attorney General; or
(B) a new certificate of naturalization with the citizen’s new name
when the Attorney General finds that the citizen’s name has been
changed by marriage or order of a court of competent jurisdiction after
naturalization.
(2) The Attorney General shall notify the court that naturalized the citi-
zen of the issuance of a new certificate under paragraph (1)(B) of this sub-
section.
(c) SPECIAL CERTIFICATES TO OBTAIN RECOGNITION
BY FOREIGN
COUNTRIES.—On application by a naturalized citizen to the Attorney Gen-
eral, the Attorney General shall issue for the citizen a special certificate of
naturalization to be used only to obtain recognition as a citizen of the Unit-
440
ed States by the government of a foreign country. The certificate shall be
submitted to the Secretary of State for submission to the proper authority
of the government of the foreign country.
(d) PHOTOGRAPHS.—An application to the Attorney General for a certifi-
cate of naturalization or a special certificate of naturalization shall include
3 identical photographs of the individual applying. One photograph shall be
attached to the certificate and the others to the copies of the certificate re-
tained by the Commissioner of Immigration and Naturalization.
(e) SURRENDER OF FOUND CERTIFICATES.—A person coming into pos-
session of a certificate of naturalization that was lost shall surrender the
certificate to the Attorney General.
§ 20902. Certificates of citizenship
(a) APPLICATIONS.—An individual may apply to the Attorney General for
a certificate of citizenship if the individual claims to be a citizen of the
United States because of—
(1) the naturalization of a parent of the individual;
(2) the naturalization or citizenship of the individual’s husband;
(3) section 1993 of the Revised Statutes;
(4) the Act of May 7, 1934 (ch. 221, 48 Stat. 667);
(5) the Act of August 4, 1937 (ch. 563, 50 Stat. 558);
(6) section 201(c), (d), (e), (g), or (i), 203, or 205 of the Nationality
Act of 1940 (ch. 876, 54 Stat. 1138, 1139); or
(7) section 20102(a), 20104(a), or 20106 of this title.
(b) PHOTOGRAPHS.—An application under subsection (a) of this section
shall include 3 identical photographs of the individual applying. One photo-
graph shall be attached to the certificate and the others to the copies of
the certificate retained by the Commissioner of Immigration and Naturaliza-
tion.
(c) ISSUANCE.—The Attorney General shall issue a certificate of citizen-
ship to an individual if—
(1) the Attorney General is satisfied that the individual is a citizen
as claimed under subsection (a) of this section;
(2) the individual takes, and signs, in front of an immigration officer
the oath required for naturalization, unless waived under section
20509(c) of this title; and
(3) the individual is in the United States when the oath is taken and
the certificate is issued.
(d) REPLACEMENT CERTIFICATES.—The Attorney General shall issue a
new certificate of citizenship to a citizen applying to replace a certificate
that the Attorney General finds is lost, destroyed, or mutilated, and if muti-
lated, is surrendered to the Attorney General. A person coming into posses-
441
sion of a certificate that was lost shall surrender the certificate to the Attor-
ney General.
§ 20903. Certificates of nationality
(a) CERTIFICATES FOR USE IN FOREIGN COUNTRY PROCEEDINGS.—
Under regulations the Secretary of State prescribes, the Secretary may issue
a certificate of nationality for an individual if the Secretary is satisfied that
the individual is a national of the United States at birth and that the cer-
tificate is needed for an administrative or judicial proceeding of a foreign
country. The certificate is only for use in the proceeding for which it is is-
sued. The Secretary shall submit the certificate to the appropriate foreign
administrative or judicial officer.
(b) CERTIFICATES ISSUED TO INDIVIDUALS.—An individual claiming to
be a national, but not a citizen, of the United States may apply to the Sec-
retary for a certificate of non-citizen national status. The Secretary shall
issue the certificate if—
(1) the Secretary is satisfied that the individual is a national, but
not a citizen, of the United States;
(2) for an individual born outside the United States or American
Samoa, the individual takes, and signs, in front of an immigration offi-
cer in the United States or American Samoa, the oath required for nat-
uralization; and
(3) the individual is in the United States or American Samoa when
the certificate is issued.
§ 20904. Other documents to prove citizenship
The following documents have the same effect as a certificate of natu-
ralization or a certificate of citizenship to prove that an individual is a citi-
zen of the United States:
(1) A passport issued by the Secretary of State to a citizen of the
United States during its period of validity if the period is the maximum
allowed by law.
(2) A ‘‘Report of Birth Abroad of a Citizen of the United States’’
issued by a consular officer to document a citizen born outside the
United States.
§ 20905. Cancellation of documents and records
(a) ATTORNEY GENERAL.—(1) The Attorney General may cancel a citi-
zenship or nationality document or record issued by the Attorney General
if satisfied that it was obtained fraudulently or unlawfully.
(2) The Attorney General shall send written notice of an intention to can-
cel the document or record, and the reason for the cancellation, to the indi-
vidual to whom the document or record was issued, at the individual’s last
442
known address. The Attorney General shall give the individual at least 60
days to show cause why the document or record should not be canceled.
(b) SECRETARY OF STATE.—(1) The Secretary of State may cancel a
United States passport or a ‘‘Report of Birth Abroad of a Citizen of the
United States’’ issued by a consular officer to document a citizen born out-
side the United States, or a certified copy, if it appears to have been ob-
tained fraudulently, unlawfully, or erroneously.
(2) The Secretary shall send written notice of the cancellation to the indi-
vidual to whom the document was issued, at the individual’s last known ad-
dress. The notice shall include notice of the procedure to seek a prompt
post-cancellation hearing.
(c) EFFECT OF CANCELLATION.—Cancellation of a document or record
showing the citizenship status of an individual under this section affects
only the record and not the citizenship status of the individual.
§ 20906. Certificates of loss of nationality
(a) CERTIFICATE BY DIPLOMATIC OR CONSULAR OFFICER.—When a dip-
lomatic or consular officer believes that an individual in a foreign country
has lost the nationality of the United States under section 20701 of this
title or chapter IV of the Nationality Act of 1940 (ch. 876, 54 Stat. 1168),
the officer shall certify in writing to the Secretary of State, under regula-
tions the Secretary prescribes, the facts on which the officer’s belief is
based.
(b) APPROVAL BY SECRETARY OF STATE.—(1) If the Secretary approves
the certificate, the Secretary shall provide a copy to the Attorney General
and direct the officer to provide a copy to the individual.
(2) The Secretary’s approval of the certificate is—
(A) a final administrative decision of loss of nationality, subject to
procedures for administrative appeal the Secretary may prescribe by
regulation; and
(B) a denial of a right or privilege under section 21101 of this title.
§ 20907. Certifications of records
The Attorney General may make a certification of any part of a natu-
ralization record of a court, a certificate of naturalization, or a certificate
of citizenship, for use in complying with a law or in a judicial proceeding.
The clerk of a court may make such a certification only on order of the
court.
CHAPTER 211—MISCELLANEOUS
Sec.
21101.
Procedure if denied a right or privilege as a national.
21102.
Information about citizenship.
443
§ 21101. Procedure if denied a right or privilege as a na-
tional
(a) INDIVIDUALS IN THE UNITED STATES.—(1) Except as provided in
paragraph (4) of this subsection, an individual in the United States may
bring a civil action under section 2201 of title 28 against the head of a de-
partment or independent agency for a judgment declaring that the individ-
ual is a national of the United States if—
(A) the individual claims a right or privilege as a national of the
United States; and
(B) any official of the department or independent agency denies the
claim because the individual is not a national of the United States.
(2) The action must be brought—
(A) in the district court of the United States for the judicial district
in which the individual resides or claims a residence; and
(B) within 5 years after the final administrative denial of the right
or privilege.
(3) A court referred to in paragraph (2)(A) of this subsection has juris-
diction over the head of the department or agency in that action.
(4) An individual may not bring an action under this subsection if the
issue of the individual’s nationality arose in connection with a removal pro-
ceeding.
(b) INDIVIDUALS NOT IN THE UNITED STATES.—(1) An individual not
in the United States may apply to a consular officer or diplomatic officer
of the United States in the country in which the individual resides for a
certificate of identity to travel to the United States and apply for admission
if—
(A) the individual claims a right or privilege as a national of the
United States;
(B) any official of a department or independent agency denies the
claim because the individual is not a national of the United States; and
(C) the individual—
(i) had been physically present in the United States at some
time before applying for the certificate; or
(ii) is less than 16 years of age and was born outside the United
States to a parent who is a citizen of the United States.
(2) The diplomatic or consular officer shall issue the certificate if satis-
fied that the application is made in good faith and has a substantial basis.
If the officer denies the application, the individual may appeal to the Sec-
retary of State. If the Secretary approves the denial, the Secretary shall
state the reasons in writing.
444
(3) An individual in possession of a certificate issued to that individual
under this subsection may apply for admission to the United States. The
individual is subject to the provisions of this title related to the conduct of
proceedings for aliens seeking admission to the United States. A final deci-
sion by the Attorney General that the individual is not entitled to admission
is subject to review only in a habeas corpus proceeding by any court of com-
petent jurisdiction.
(4) The Secretary shall prescribe regulations for the issuance of certifi-
cates under this subsection.
(c) APPLICATION OF LAWS ON ADMISSION OF ALIENS.—An individual de-
scribed in this section who is finally denied admission to the United States
is subject to all the provisions of this title applicable to aliens seeking ad-
mission to the United States.
§ 21102. Information about citizenship
(a) PROMOTING UNITED STATES CITIZENSHIP.—To promote the oppor-
tunities and responsibilities of citizenship of the United States, the Attorney
General shall distribute broadly information about the benefits individuals
may receive under this subtitle and the requirements to obtain those bene-
fits. In carrying out this subsection, the Attorney General shall seek the as-
sistance of appropriate community groups, private voluntary agencies, and
other relevant organizations.
(b) INSTRUCTION
IN CITIZENSHIP RESPONSIBILITIES.—The Attorney
General may promote instruction and training in citizenship responsibilities
of applicants for naturalization, including—
(1) giving names of applicants for naturalization to public schools;
(2) preparing citizenship textbooks and distributing the textbooks
without charge to applicants receiving instruction in citizenship respon-
sibilities under the supervision of public schools;
(3) preparing and distributing a monthly immigration and natu-
ralization bulletin; and
(4) seeking the cooperation of official state and national organiza-
tions, including organizations concerned with vocational education.
(c) REIMBURSEMENT.—Based on a statement by the Attorney General
that the citizenship textbooks have been prepared and distributed as pro-
vided in subsection (b)(2) of this section, naturalization fees deposited in
the Treasury by the Attorney General may be used to reimburse the appro-
priation of the Department of Justice for the cost of preparing and distrib-
uting the textbooks.
SEC. 2. CONFORMING PROVISIONS.
(a) TITLE 8.—Effective June 1, 2002, section 8304 of title 8, United
States Code, is amended as follows:
445
(1) Subsection (b) is amended to read as follows:
‘‘(b) WAIVERS.—The Attorney General may waive the 2-year residence
requirement of subsection (a) of this section if the Attorney General finds
that admitting the alien would be in the public interest, after receiving a
favorable recommendation from—
‘‘(1) the Director—
‘‘(A) because of a request from an interested agency; or
‘‘(B) if the foreign country of the alien’s nationality or last resi-
dence provides the Director with a written statement that it does
not object to the waiver, except that this subclause does not apply
to an alien described in subsection (a)(3) of this section; or
‘‘(2) the Commissioner of Immigration and Naturalization if the
Commissioner finds that—
‘‘(A) departure from the United States would impose excep-
tional hardship on the alien’s spouse or child when the spouse or
child is a citizen of the United States or lawfully admitted for per-
manent residence; or
‘‘(B) the alien would be subject to persecution on account of
race, religion, or political opinion if the alien returned to the for-
eign country of the alien’s nationality or last residence.’’.
(2) Strike subsection (c).
(b) TITLE 10.—Section 885 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(d) Any person found guilty of desertion in time of war may not—
‘‘(1) hold an office of trust or profit under the United States; or
‘‘(2) exercise the rights of a citizen of the United States.’’.
(c) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—In the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
strike the heading for part C of title VII.
(d) ACT OF AUGUST 1, 1956.—Section 6(a) of the Act of August 1, 1956
(50 U.S.C. 855(a)), is amended by—
(1) striking the subsection designation ‘‘(a)’’; and
(2) striking ‘‘make’’ and substituting ‘‘makes’’.
(e) MILITARY SELECTIVE SERVICE ACT.—Section 12 of the Military Se-
lective Service Act (50 App. U.S.C. 462) is amended by adding at the end
the following new subsection:
‘‘(h) On conviction by a court of competent jurisdiction, a person reg-
istered under this Act who leaves the district in which registered, or a per-
son (whether or not registered under this Act) who leaves the United States,
with the intent to evade a lawfully ordered draft while the United States
is at war, may not—
446
‘‘(1) hold an office of trust or profit under the United States; or
‘‘(2) exercise the rights of a citizen of the United States.’’.
(f) An alien provided benefits under section 301 of the Immigration Act
of 1990 (Public Law 101–649, 104 Stat. 5029) whom the Attorney General
authorizes to travel outside the United States temporarily and who returns
to the United States according to that authorization—
(1) shall be inspected and admitted in the same immigration status
the alien had at the time of departure if the alien is found not to be
inadmissible on a ground referred to in section 301(a)(1) of the Immi-
gration Act of 1990 (Public Law 101–649, 104 Stat. 5029); and
(2) has not failed to maintain continuous physical presence in the
United States under section 6721(a) of this title because of the depar-
ture if the absence meets the requirements of section 6721(c).
SEC. 3. CONFORMING CROSS-REFERENCES.
(a) TITLE 5.—Section 5549(2) of title 5, United States Code, is amended
by striking ‘‘sections 1353a and 1353b’’ and substituting ‘‘section 303’’.
(b) TITLE 10.—Title 10, United States Code, is amended as follows:
(1) In section 374(b)(4)(A)(ii), strike ‘‘Any of sections 274 through
278 of the Immigration and Nationality Act (8 U.S.C. 1324–1328)’’
and substitute ‘‘Any of sections 10126, 10147–10151, 10153, and
10155 of title 8’’.
(2) In section 1060a(f)(2)(B), strike ‘‘in accordance with the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.)’’ and substitute
‘‘under title 8’’.
(3) In section 2864(a), strike ‘‘section 101(a)(15)(H)(ii) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))’’ and sub-
stitute ‘‘section 2314 or 2315 of title 8’’.
(4) In sections 3253 and 8253, strike ‘‘the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.)’’ and substitute ‘‘title 8’’.
(5) In sections 12102(b)(1) and 12201(b)(1), strike ‘‘the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.)’’ and substitute ‘‘title
8’’.
(c) TITLE 18.—Title 18, United States Code, is amended as follows:
(1) In section 32(b), strike ‘‘section 101(a)(22) of the Immigration
and Nationality Act’’ and substitute ‘‘section 126 of title 8’’.
(2) In section 37(b)(2)(B), strike ‘‘section 101(a)(22) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute
‘‘section 126 of title 8’’.
(3) In section 178(5), strike ‘‘section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘section
126 of title 8’’.
447
(4) In section 831(f)(6), strike ‘‘section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec-
tion 126 of title 8’’.
(5) In section 982(a)(6)(A)(ii), strike ‘‘section 274A(a)(1) or
274A(a)(2) of the Immigration and Nationality Act’’ each place it ap-
pears and substitute ‘‘section 11102(a) of title 8’’.
(6) In section 1091(d)(2), strike ‘‘section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101)’’ and substitute ‘‘section 126 of
title 8’’.
(7) In section 1116(b)(7), strike ‘‘section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec-
tion 126 of title 8’’.
(8) In section 1119(a), strike ‘‘section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec-
tion 126 of title 8’’.
(9) In section 1201(e), strike ‘‘section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘section
126 of title 8’’.
(10) In section 1203(c), strike ‘‘section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec-
tion 126 of title 8’’.
(11) In section 1546(b), strike ‘‘section 274A(b) of the Immigration
and Nationality Act’’ and substitute ‘‘section 11103 of title 8’’.
(12) In section 1961(1)(F), strike ‘‘the Immigration and Nationality
Act, section 274 (relating to bringing in and harboring certain aliens),
section 277 (relating to aiding or assisting certain aliens to enter the
United States), or section 278 (relating to importation of alien for im-
moral purpose) if the act indictable under such section of such Act’’
and substitute ‘‘section 10147, 10150, or 10151 of title 8 if the act
indictable under that section’’.
(13) In section 2280(e), strike ‘‘section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22))’’and substitute ‘‘sec-
tion 126 of title 8’’.
(14) In section 2281(d), strike ‘‘section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec-
tion 126 of title 8’’.
(15) In section 2331(2), strike ‘‘section 101(a)(22) of the Immigra-
tion and Nationality Act’’ and substitute ‘‘section 126 of title 8’’.
(16) In section 2332a(c)(1), strike ‘‘section 101(a)(22) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute
‘‘section 126 of title 8’’.
448
(17) In section 2332c(b)(1), strike ‘‘section 101(a)(22) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute
‘‘section 126 of title 8’’
(18) In section 2441(b), strike ‘‘section 101 of the Immigration and
Nationality Act’’ and substitute ‘‘section 126 of title 8’’.
(19) Section 2516(1) is amended as follows:
(A) In subsection (m), strike ‘‘section 274, 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328)
(relating to the smuggling of aliens)’’ and substitute ‘‘section
10147, 10150, or 10151 of title 8’’.
(B) In subsection (p), as designated by section 201(3) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (Pub. L. 104-208, 110 Stat. 3009–565), strike ‘‘section 274,
277, or 278 of the Immigration and Nationality Act (relating to
the smuggling of aliens)’’ and substitute ‘‘section 10147, 10150,
or 10151 of title 8’’.
(20) Section 3077(2) is amended as follows:
(A) In clause (A), strike ‘‘section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec-
tion 126 of title 8’’.
(B) In clause (B), strike ‘‘section 101(a)(20) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(20))’’ and substitute
‘‘section 123 of title 8’’.
(21) In section 3142(d)(1)(B), strike ‘‘section 101(a)(20) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(20))’’ and substitute
‘‘section 123 of title 8’’.
(22) In section 3181(c), strike ‘‘section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec-
tion 126 of title 8’’.
(23) In section 3563(b)(21), strike ‘‘section 238(d)(5) of the Immi-
gration and Nationality Act’’ and substitute ‘‘section 6706(g) of title
8’’.
(24) Section 4113 is amended as follows:
(A) In subsection (a), strike ‘‘section 240B of the Immigration
and Nationality Act’’ and substitute ‘‘section 6714 of title 8’’.
(B) In subsections (b) and (c), strike ‘‘section 240 of the Immi-
gration and Nationality Act’’ and substitute ‘‘section 6704 of title
8’’.
(d) INTERNAL REVENUE CODE OF 1986.—The Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.) is amended as follows:
449
(1) In section 871(c), strike ‘‘subparagraph (F), (J), (M), or (Q) of
section 101(a)(15) of the Immigration and Nationality Act, as amended
(8 U.S.C. 1101(a)(15)(F), (J), (M), or (Q))’’ and substitute ‘‘section
2310, 2311, 2312, or 2320 of title 8, United States Code’’.
(2) In sections 872(b)(3), strike ‘‘subparagraph (F), (J), or (Q) of
section 101(a)(15) of the Immigration and Nationality Act, as amend-
ed’’ and substitute ‘‘section 2310, 2312, or 2320 of title 8, United
States Code’’.
(3) In section 1441(b), strike ‘‘subparagraph (F), (J), (M), or (Q)
of section 101(a)(15) of the Immigration and Nationality Act’’ and
substitute ‘‘section 2310, 2311, 2312, or 2320 of title 8, United States
Code,’’.
(4) Section 3121(b) is amended as follows:
(A) In clause (18), strike ‘‘section 101(a)(15)(H)(ii) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))’’ and
substitute ‘‘section 2314 or 2315 of title 8, United States Code’’.
(B) In clause (19), strike ‘‘subparagraph (F), (J), (M), or (Q)
of section 101(a)(15) of the Immigration and Nationality Act, as
amended’’ and ‘‘in subparagraph (F), (J), (M), or (Q)’’ and sub-
stitute ‘‘section 2310, 2311, 2312, or 2320 of title 8, United
States Code’’ and ‘‘in section 2310, 2311, 2312, or 2320’’, respec-
tively.
(5) In section 3231(e)(1), strike ‘‘subparagraph (F), (J), (M), or (Q)
of section 101(a)(15) of the Immigration and Nationality Act, as
amended’’ and ‘‘in subparagraph (F), (J), (M), or (Q)’’ and substitute
‘‘section 2310, 2311, 2312, or 2320 of title 8, United States Code’’
and ‘‘in section 2310, 2311, 2312, or 2320’’, respectively.
(6) In section 3304(a)(14)(A), strike ‘‘section 212(d)(5) of the Im-
migration and Nationality Act’’ and substitute ‘‘section 6121 of title
8, United States Code’’.
(7) Section 3306(c) is amended as follows:
(A) In clause (1)(B), strike ‘‘sections 214(c) and 101(a)(15)(H)
of the Immigration and Nationality Act’’ and substitute ‘‘section
2314 of title 8, United States Code’’.
(B) In clause (19), strike ‘‘subparagraph (F), (J), (M), or (Q)
of section 101(a)(15) of the Immigration and Nationality Act, as
amended (8 U.S.C 1101(a)(15)(F), (J), (M), or (Q))’’ and ‘‘in
subparagraph (F), (J), (M), or (Q)’’ and substitute ‘‘section 2310,
2311, 2312, or 2320 of title 8, United States Code’’ and ‘‘in sec-
tion 2310, 2311, 2312, or 2320’’, respectively.
(8) Section 6039G(c) is amended as follows:
450
(A) In clause (1), the words ‘‘paragraph (5) of section 349(a)
of the Immigration and Nationality Act (8 U.S.C. 1481(a)(5))’’
and substitute ‘‘section 20701(5) of title 8, United States Code’’.
(B) In clause (2), the words ‘‘paragraph (1), (2), (3), or (4) of
section 349(a) of the Immigration and Nationality Act (8 U.S.C.
1481(a)(1)–(4))’’ and substitute ‘‘section 20701(1), (2), (3), or
(4) of title 8, United States Code’’.
(9) In section 6103(m)(4)(A)(ii)(II), strike ‘‘section 3(a)(1) of the
Migration and Refugee Assistance Act of 1962’’ and substitute ‘‘section
13308(a)(1) of title 8, United States Code,’’.
(10) Section 7701(b)(5) is amended as follows:
(A) In paragraph (C)(i), strike ‘‘subparagraph (J) or (Q) of sec-
tion 101(15) of the Immigration and Nationality Act’’ and sub-
stitute ‘‘section 2312 or 2320 of title 8, United States Code’’.
(B) In paragraph (D)(i)(I), strike ‘‘subparagraph (F) or (M) of
section 101(a)(15) of the Immigration and Nationality Act’’ and
substitute ‘‘section 2310 or 2311 of title 8, United States Code’’.
(C) In paragraph (D)(i)(II), strike ‘‘subparagraph (J) or (Q) of
such section 101(15)’’ and substitute ‘‘section 2312 or 2320 of
title 8, United States Code’’.
(e) TITLE 28.—Title 28, United States Code, is amended as follows:
(1) In section 751(e), strike ‘‘naturalization fees listed in section 742
of Title 8 and’’.
(2) In section 1605(a)(7)(B)(ii), strike ‘‘section 101(a)(22) of the
Immigration and Nationality Act’’ and substitute ‘‘section 126 of title
8’’.
(3) In section 1821(e), strike ‘‘section 212(d)(5) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(5))’’ and ‘‘section 240 of such
Act (8 U.S.C. 1252(b))’’ and substitute ‘‘section 6121 of title 8’’ and
‘‘section 6704 of title 8’’, respectively.
(f) TITLE 46.—Title 46, United States Code, is amended as follows:
(1) In section 2101(3a), strike ‘‘section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec-
tion 126 of title 8’’.
(2) In section 8103(i)(1)(C), strike ‘‘the Immigration and National-
ity Act (8 U.S.C. 1101 et seq.)’’ and substitute ‘‘title 8’’.
(3) In section 8704, strike ‘‘section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a)’’ and substitute ‘‘chapter 111 of title
8’’.
451
(g) TITLE 49.—Section 46502(b)(3) of title 49, United States Code, is
amended by striking ‘‘section 101(a)(22) of the Immigration and National-
ity Act (8 U.S.C. 1101(a)(22))’’ and substituting ‘‘section 126 of title 8’’.
SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.
(a) NO SUBSTANTIVE CHANGE.—Sections 1 and 2 of this Act restate,
without substantive change, laws enacted before September 16, 1997, that
were replaced by those sections. Those sections may not be construed as
making a substantive change in the laws replaced. Laws enacted after Sep-
tember 15, 1997, that are inconsistent with this Act supersede this Act to
the extent of the inconsistency.
(b) REFERENCES.—A reference to a law replaced by section 1 or 2 of
this Act, including a reference in a regulation, order, or other law, is
deemed to refer to the corresponding provision enacted by this Act.
(c) CONTINUING EFFECT.—An order, rule, or regulation in effect under
a law replaced by section 1 or 2 of this Act continues in effect under the
corresponding provision enacted by this Act until repealed, amended, or su-
perseded.
(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or
an offense committed under a law replaced by section 1 or 2 of this Act
is deemed to have been taken or committed under the corresponding provi-
sion enacted by this Act.
(e) INFERENCES.—An inference of a legislative construction is not to be
drawn by reason of the location in the United States Code of a provision
enacted by this Act or by reason of a caption or catch line of the provision.
(f) SEVERABILITY.—If a provision enacted by this Act is held invalid, all
valid provisions that are severable from the invalid provision remain in ef-
fect. If a provision enacted by this Act is held invalid in any of its applica-
tions, the provision remains valid for all valid applications that are severable
from any of the invalid applications.
SEC. 5. REPEALS.
(a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not
be construed as a legislative inference that the provision was or was not in
effect before its repeal.
(b) REPEALER SCHEDULE.—The laws specified in the following schedule
are repealed, except for rights and duties that matured, penalties that were
incurred, and proceedings that were begun before the date of enactment of
this Act: