286
(d) POLICY ON RETURN OF CUBAN NATIONALS.—It is the policy of the
United States Government that the President, in consultation with the At-
torney General, other appropriate officials of the United States Government,
and appropriate State and county chief executive officers referred to in sub-
section (b) of this section, shall place top priority on seeking the expeditious
removal from the United States and return by any responsible means to
Cuba of Cuban nationals described by subsection (a) of this section.
§ 13902. Reimbursement of costs of imprisoning certain
Cuban nationals and illegal aliens
The Attorney General shall reimburse a State for costs incurred by the
State in imprisoning any of the following Cuban nationals and illegal aliens
convicted by the State of a felony:
(1) a Cuban national who—
(A) was paroled into the United States in 1980 by the Attorney Gen-
eral;
(B) after being paroled, violated a State or local law for which a
term of imprisonment was imposed; and
(C) at the time of parole and violation, was not lawfully admitted
for permanent or temporary residence or not admitted under an immi-
grant or nonimmigrant visa issued under this title.
(2) an illegal alien who is in the United States unlawfully and—
(A) whose most recent entry into the United States was without in-
spection; or
(B) who was admitted to the United States as a nonimmigrant and
whose—
(i) period of authorized stay as a nonimmigrant expired before
the date of committing the crime for which the illegal alien was
convicted; or
(ii) unlawful status was known to the United States Govern-
ment before the date of committing the crime for which the alien
was convicted.
§ 13903. Limitation
The Attorney General may expend amounts under this chapter in a fiscal
year only to the extent and in the amount provided in advance by an appro-
priation law.
SUBTITLE V—CITIZENSHIP AND NATIONALITY
CHAPTER
Sec.
201.
CITIZENSHIP AND NATIONALITY AT BIRTH AND COLLECTIVE
NATURALIZATION.
20101
203.
NATURALIZATION ELIGIBILITY ..............................................................
20301
205.
NATURALIZATION PROCEDURE ..............................................................
20501
207.
LOSS OF NATIONALITY ..............................................................................
20701
209.
NATIONALITY DOCUMENTS .....................................................................
20901
211.
MISCELLANEOUS .........................................................................................
21101
287
CHAPTER 201—CITIZENSHIP AND NATIONALITY AT
BIRTH AND COLLECTIVE NATURALIZATION
Sec.
20101.
Individuals born in the United States.
20102.
Individuals born in American Samoa.
20103.
Individuals found in the United States or American Samoa.
20104.
Individuals born outside the United States and American Samoa.
20105.
Individuals born out of wedlock.
20106.
Individuals born in the Republic of Panama or the Canal Zone.
20107.
Noncitizen Indians born in Alaska after March 29, 1867, and before June 2, 1924.
20108.
Citizens of the Republic of Hawaii and individuals born in Hawaii after August 11,
1898, and before April 30, 1900.
20109.
Individuals residing in or born in Guam after April 10, 1899, and before August 1,
1950.
20110.
Individuals born in Puerto Rico after April 10, 1899, and before January 13, 1941.
20111.
Individuals born in or residing in the Virgin Islands after January 17, 1917, and be-
fore June 28, 1932.
§ 20101. Individuals born in the United States
(a) CITIZEN AT BIRTH.—The following individuals are citizens of the
United States at birth:
(1) an individual born in, and subject to the jurisdiction of, the
United States.
(2) an individual born in the United States to a member of an In-
dian, Eskimo, Aleutian, or other aboriginal tribe.
(b) PROPERTY RIGHTS NOT AFFECTED.—Subsection (a)(2) of this sec-
tion does not affect property rights.
§ 20102. Individuals born in American Samoa
(a) CITIZEN AT BIRTH.—An individual born in American Samoa is a citi-
zen of the United States at birth if one of the individual’s parents is a citi-
zen of the United States who was physically present in the United States
or American Samoa for at least one continuous year before the individual’s
birth.
(b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—An individual born in
American Samoa who is not a citizen of the United States at birth under
subsection (a) of this section is a national, but not a citizen, of the United
States at birth.
§ 20103. Individuals found in the United States or American
Samoa
(a) CITIZEN AT BIRTH.—An individual of unknown parents found in the
United States before becoming 5 years of age is a citizen of the United
States at birth unless shown, before the individual becomes 21 years of age,
that the individual was not born in the United States.
(b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—An individual of unknown
parents found in American Samoa before becoming 5 years of age is a na-
tional, but not a citizen, of the United States at birth unless shown, before
the individual becomes 21 years of age, that the individual was not born
in American Samoa.
288
§ 20104. Individuals born outside the United States and
American Samoa
(a) CITIZEN AT BIRTH.—An individual born outside the United States
and American Samoa is a citizen of the United States at birth if—
(1) both parents are citizens of the United States and at least one
parent had a residence in the United States or American Samoa before
the individual’s birth;
(2) one parent is a national, but not a citizen, of the United States
and the other parent is a citizen of the United States who was phys-
ically present in the United States or American Samoa for at least one
continuous year before the individual’s birth; or
(3) one parent is an alien and the other parent is a citizen of the
United States who, before the individual’s birth, was physically present
in the United States or American Samoa for at least 5 years, at least
2 of which were after the citizen parent became 14 years of age.
(b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—(1) An individual born
outside the United States and American Samoa is a national, but not a citi-
zen, of the United States at birth if—
(A) both parents are nationals, but not citizens, of the United States
who had a residence in the United States or American Samoa before
the individual’s birth; or
(B) one parent is an alien and the other parent is a national, but
not a citizen, of the United States who, before the individual’s birth,
was physically present in the United States or American Samoa for at
least 7 years in any continuous 10–year period—
(i) during which the national parent was not outside the United
States and American Samoa for more than one continuous year;
and
(ii) at least 5 years of which were after the national parent be-
came 14 years of age.
(2) An individual born before August 27, 1986, is a national, but not a
citizen, of the United States under paragraph (1)(B) of this subsection only
as of the date the individual satisfies the Secretary of State that the individ-
ual meets the requirements of paragraph (1)(B).
(c) TIME OUTSIDE THE UNITED STATES INCLUDED IN PERIOD OF PRES-
ENCE.—In subsections (a)(3) and (b)(1)(B) of this section, the period of
physical presence includes, for an individual born after December 23, 1952,
any period the citizen parent or national parent spent outside the United
States and American Samoa—
289
(1) honorably serving in the armed forces of the United States or
employed by the United States Government or an international organi-
zation; or
(2) as a dependent unmarried son or daughter and member of the
household of an individual honorably serving in the armed forces or em-
ployed by the Government or an international organization.
(d) INDIVIDUAL BORN BETWEEN 1941 AND 1952.—Subsection (a)(3) of
this section also applies to an individual if—
(1) the individual was born outside the United States and American
Samoa after January 12, 1941, and before December 24, 1952;
(2) one of the individual’s parents is a citizen of the United States
who served in the armed forces of the United States after December
31, 1946, and before December 24, 1952; and
(3) the individual did not become a citizen under section 201(g) or
(i) of the Nationality Act of 1940.
§ 20105. Individuals born out of wedlock
(a) NATIONALITY AT BIRTH THROUGH MOTHER.—An individual born out
of wedlock outside the United States after December 23, 1952, is—
(1) a citizen of the United States at birth if the mother is a citizen
of the United States who was physically present in the United States
or American Samoa for at least one continuous year before the individ-
ual’s birth; or
(2) a national, but not a citizen, of the United States at birth if the
mother is a national, but not a citizen, of the United States who was
physically present in the United States or American Samoa for at least
one continuous year before the individual’s birth.
(b) NATIONALITY AT BIRTH THROUGH FATHER.—(1) Sections 20102(a)
and 20104(a) and (b)(1)(A) of this title apply to an individual born out of
wedlock after December 23, 1952, if—
(A) a blood relationship between the individual and the father is es-
tablished by clear and convincing evidence;
(B) the father—
(i) is a citizen of the United States or a national, but not a citi-
zen, of the United States when the individual is born; and
(ii) if alive when the individual is born, agrees in writing to pro-
vide financial support for the individual until the individual is 18
years of age; and
(C) before the individual becomes 18 years of age—
(i) the individual is legitimated under the law of the individual’s
residence or domicile;
(ii) the father acknowledges paternity in writing under oath; or
290
(iii) a court of competent jurisdiction establishes paternity.
(2) Section 20104(a)(3) of this title applies to an individual born out of
wedlock after January 12, 1941, and before December 24, 1952, if pater-
nity is established and the individual is legitimated before becoming 21
years of age.
§ 20106. Individuals born in the Republic of Panama or the
Canal Zone
(a) INDIVIDUAL BORN IN REPUBLIC OF PANAMA.—An individual born in
the Republic of Panama—
(1) after February 25, 1904, and before August 4, 1937, is a citizen
of the United States as of August 4, 1937, if one parent was a citizen
of the United States employed by the United States Government or the
Panama Canal Commission when the individual was born; or
(2) after August 3, 1937, is a citizen of the United States at birth
if one parent is a citizen of the United States employed by the Govern-
ment or the Panama Canal Commission or its successor when the indi-
vidual is born.
(b) INDIVIDUAL BORN IN CANAL ZONE.—An individual born in the Canal
Zone—
(1) after February 25, 1904, and before August 4, 1937, is a citizen
of the United States as of August 4, 1937, if one parent was a citizen
of the United States when the individual was born; or
(2) after August 3, 1937, and before October 1, 1979, is a citizen
of the United States at birth if one parent was a citizen of the United
States when the individual was born.
§ 20107. Noncitizen Indians born in Alaska after March 29,
1867, and before June 2, 1924
A noncitizen Indian born in Alaska after March 29, 1867, and before
June 2, 1924, is a citizen of the United States as of June 2, 1924.
§ 20108. Citizens of the Republic of Hawaii and individuals
born in Hawaii after August 11, 1898, and before
April 30, 1900
The following individuals are citizens of the United States as of April 30,
1900:
(1) a citizen of the Republic of Hawaii on August 12, 1898.
(2) an individual born in Hawaii after August 11, 1898, and before
April 30, 1900.
§ 20109. Individuals residing in or born in Guam after April
10, 1899, and before August 1, 1950
(a) CITIZENSHIP.—Except as provided by this section, the following indi-
viduals are citizens of the United States as of August 1, 1950:
291
(1) a Spanish subject or an individual born in Guam who resided in
Guam on April 11, 1899, and continued to reside in the United States
or a territory or possession of the United States through August 1,
1950.
(2) an individual born after April 11, 1899, and before August 1,
1950, of parents who are citizens under clause (1) of this subsection.
(3) an individual born in Guam after April 10, 1899, and before Au-
gust 1, 1950, and subject to the jurisdiction of the United States.
(b) INDIVIDUAL WHO TOOK AFFIRMATIVE STEP TO PRESERVE OR AC-
QUIRE NATIONALITY OF A FOREIGN COUNTRY.—Subsection (a) of this sec-
tion does not apply to an individual who took an affirmative step to preserve
or acquire the nationality of a foreign country before August 1, 1950.
(c) INDIVIDUAL WHO DECLARED DESIRE TO REMAIN A NATIONAL OF
A FOREIGN COUNTRY.—An individual under this section who was a national
of a foreign country before August 1, 1950, and who declared under oath
before August 1, 1952, in a way prescribed by the Attorney General, a de-
sire to remain a national of the foreign country is not a national of the
United States as of the date the declaration is made.
§ 20110. Individuals born in Puerto Rico after April 10, 1899,
and before January 13, 1941
An individual is a citizen of the United States as of January 13, 1941,
if the individual was—
(1) born in Puerto Rico after April 10, 1899, and before January
13, 1941;
(2) subject to the jurisdiction of the United States; and
(3) residing in the United States or a territory or possession of the
United States on January 13, 1941.
§ 20111. Individuals born in or residing in the Virgin Islands
after January 17, 1917, and before June 28, 1932
The following individuals are citizens of the United States as of February
25, 1927:
(1) an individual born in the Virgin Islands who—
(A) resided in the Virgin Islands on January 17, 1917, resided
in the United States on February 25, 1927, and was not a citizen
or subject of a foreign country on February 25, 1927;
(B) resided in the United States on January 17, 1917, resided
in the Virgin Islands on February 25, 1927, and was not a citizen
or subject of a foreign country on February 25, 1927;
(C) resided in the continental United States or a territory or
possession of the United States on June 28, 1932, and was not
a citizen or subject of a foreign country on June 28, 1932; or
292
(D) after January 16, 1917, and before February 25, 1927, was
subject to the jurisdiction of the United States.
(2) a citizen of Denmark who—
(A) resided in the Virgin Islands on January 17, 1917;
(B) resided in the United States on February 25, 1927; and
(C) did not make the declaration to preserve Danish citizenship
under article 6 of the treaty of August 4, 1916, between the
United States and Denmark, or made the declaration and re-
nounced it, or renounces it by a declaration before a court of
record.
(3) an individual born after January 17, 1917, and before February
25, 1927, of parents who are citizens of the United States under clause
(1) or (2) of this section.
CHAPTER 203—NATURALIZATION ELIGIBILITY
SUBCHAPTER I—ELIGIBILITY
Sec.
20301.
General requirements.
20302.
Temporary absences for certain employment.
20303.
Temporary absences to perform religious functions.
20304.
Individuals married to citizens of the United States.
20305.
Children born of an alien parent and a citizen parent.
20306.
Children born of alien parents or a parent who lost citizenship.
20307.
Children having a citizen parent at time of application.
20308.
Children adopted before becoming 16 years of age by a citizen parent.
20309.
Individuals employed by United States nonprofit organizations disseminating informa-
tion.
20310.
Individuals making extraordinary contributions to the security of the United States.
20311.
Individuals with service on American vessels.
20312.
Individuals with 3 years of service in the armed forces.
20313.
Individuals with service in the armed forces during war or military hostilities.
20314.
Posthumous naturalization of individuals who die during service in the armed forces
during war or military hostilities.
20315.
Individuals who lost citizenship by entering the armed forces of a foreign country.
20316.
Alien enemies.
20317.
Women who lost citizenship through marriage.
20318.
Nationals residing in American Samoa.
20319.
Philippine citizens who entered before May 1, 1934.
SUBCHAPTER II—INELIGIBILITY
20331.
Individuals dangerous to the welfare, safety, and security of the United States.
20332.
Deserters and draft evaders.
20333.
Aliens exempted or discharged from the armed forces or the National Security Train-
ing Corps.
SUBCHAPTER I—ELIGIBILITY
§ 20301. General requirements
(a) NATURALIZATION REQUIREMENTS.—Except as otherwise provided, an
individual may be naturalized as a citizen of the United States only if the
individual satisfies the following requirements:
(1) The individual must be at least 18 years of age when filing an
application for naturalization.
(2) The individual must be lawfully admitted for permanent resi-
dence.
293
(3) The individual must have resided in the United States, after
being lawfully admitted for permanent residence, continuously for at
least 5 years immediately before filing the application.
(4) The individual must have been physically present in the United
States for at least half of the 5 years immediately before filing the ap-
plication.
(5) The individual must have resided in the State or district of the
Immigation and Naturalization Service in the United States in which
the application is filed for at least 3 months immediately before filing
the application.
(6) The individual must reside in the United States continuously
from the date of filing the application through the time the individual
is naturalized.
(7) The individual must be able to demonstrate an understanding of
the English language, including the ability to speak words in ordinary
usage and the ability to read and write simple words and phrases in
ordinary usage, without extraordinary or unreasonable conditions being
required. This paragraph does not apply to an individual who—
(A) is physically unable to satisfy this paragraph; or
(B) on the date the application is filed—
(i) is at least 50 years of age and has lived in the United
States for at least 20 years after being lawfully admitted for
permanent residence; or
(ii) is at least 55 years of age and has lived in the United
States for at least 15 years after being lawfully admitted for
permanent residence.
(8) The individual must be able to demonstrate knowledge and un-
derstanding of the fundamentals of the history, and of the principles
and form of government, of the United States.
(9) The individual must have 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 imme-
diately before filing the application, and remain so from the date of fil-
ing the application through the time the individual is naturalized.
(b) CONDUCT MORE THAN 5 YEARS BEFORE APPLICATION FILED.—
Conduct more than 5 years before an application is filed may be considered
in deciding whether an individual satisfies the requirements of subsection
(a)(9) of this section.
(c) TEMPORARY ABSENCES.—(1) An absence from the United States of
not more than 6 months does not break the continuity of residence required
under subsection (a) of this section.
294
(2) An absence of more than 6 months but less than one year breaks the
continuity of residence, unless the individual satisfies the Attorney General
that the individual did not abandon residence in the United States during
the absence.
(3) Except as otherwise provided, an absence of one year breaks the con-
tinuity of residence.
(d) PROHIBITION ON DISCRIMINATION.—The right of an individual to be
naturalized as a citizen of the United States may not be denied or abridged
because of race or sex or because the individual is married.
§ 20302. Temporary absences for certain employment
(a) RESIDENCE.—An individual temporarily absent from the United
States (even though for a year or more) is deemed to be residing in the
United States under section 20301(a)(3) and (6) of this title during the ab-
sence if—
(1) the individual has resided and been physically present in the
United States, after being lawfully admitted for permanent residence,
continuously for at least one year;
(2) after the one-year period described by clause (1) of this sub-
section—
(A) the individual is employed by or under a contract with the
United States Government;
(B) the individual is employed by or under a contract with, and
carrying out scientific research for, a United States research insti-
tution recognized by the Attorney General;
(C)(i) the individual is employed by a United States firm or cor-
poration developing foreign trade and commerce of the United
States, or by a subsidiary of the firm or corporation more than
50 percent of the stock of which is owned by the firm or corpora-
tion; and
(ii) the individual is developing foreign trade and commerce of
the United States or the individual’s residence outside the United
States is necessary to protect the property rights of the firm or
corporation in a foreign country; or
(D) the individual—
(i) is employed by a public international organization of
which the United States is a member by treaty or law; and
(ii) was not employed by the organization until after being
lawfully admitted for permanent residence;
(3) before beginning the employment and before the end of one year
of continuous absence from the United States, the individual satisfies