324
§ 20310. Individuals making extraordinary contributions to
the security of the United States
(a) RESIDENCE AND PHYSICAL PRESENCE.—(1) An individual may be
naturalized without regard to section 20301(a)(3)–(6) of this title if—
(A) the Director of Central Intelligence, the Attorney General, and
the Commissioner of Immigration and Naturalization decide that the
individual has made an extraordinary contribution to the security of the
United States or to the conduct of United States intelligence activities;
and
(B) the individual resides in the United States continuously for at
least one year before being naturalized.
(2) This section does not apply to an individual described in section
6538(e)(2) of this title.
(b) NONAPPLICATION OF CERTAIN GROUNDS OF INELIGIBILITY.—Section
20331 of this title does not apply to an individual described in subsection
(a) of this section.
(c) PROCEDURE.—A proceeding under this section shall be conducted in
a way consistent with the protection of intelligence sources, methods, and
activities.
(d) NUMERICAL LIMIT.—Not more than 5 individuals may be naturalized
in a fiscal year under this section.
(e) NOTICE TO CONGRESSIONAL COMMITTEES.—The Director shall in-
form the Select Committee on Intelligence and the Committee on the Judici-
ary of the Senate and the Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of Representatives within a
reasonable time before an application is filed under this section.
§ 20311. Individuals with service on American vessels
(a) DEFINITION.—In this section, ‘‘American vessel’’ means a vessel—
(1)(A) operated by the United States Government; and
(B) the full legal and equitable title to which is held by the Govern-
ment; or
(2)(A) whose home port is in the United States; and
(B)(i) documented under chapter 121 of title 46; or
(ii) the full legal and equitable title to which is held by a citizen of
the United States or a corporation organized under the laws of a State.
(b) RESIDENCE AND PHYSICAL PRESENCE.—An individual serving honor-
ably or with good conduct in any capacity (except as a member of the armed
forces of the United States) on an American vessel is deemed to be residing
and physically present in the United States under section 20301(a)(3), (4),
and (6) of this title during the period of service if the service is—
325
(1) after the individual has been lawfully admitted for permanent
residence; and
(2) within 5 years immediately before the date the individual files
an application for naturalization.
(c) PROOF OF SERVICE ON VESSEL.—Service on a vessel described in
subsection (a)(1) of this section shall be proved by a certificate from the
executive agency having custody of the records of the service. Service on a
vessel described in subsection (a)(2) of this section may be proved by a cer-
tificate from the master of the vessel.
§ 20312. Individuals with 3 years of service in the armed
forces
(a) RESIDENCE AND PHYSICAL PRESENCE.—(1) Except as provided in
paragraph (2) of this subsection, an individual may be naturalized without
regard to section 20301(a)(3)–(5) of this title if the individual—
(A) has served honorably in the armed forces of the United States
for periods totaling at least 3 years;
(B) has never been discharged from the service except honorably;
and
(C) files an application for naturalization when still in the service or
within 6 months after being discharged from the service.
(2) If the service was not continuous, the individual must establish the
individual’s residence in the United States and the State or district of the
Immigration and Naturalization Service in the United States in which the
application is filed for—
(A) any period between periods of service during the 5 years imme-
diately before filing the application; and
(B) any period between the end of the individual’s service and the
filing of the application.
(b) PROOF OF HONORABLE SERVICE.—(1) Before a hearing on the indi-
vidual’s application, the individual shall provide the Attorney General with
a certificate from the appropriate executive agency showing that—
(A) the individual served honorably during all periods on which the
individual relies for naturalization under this section; and
(B) the individual has never been discharged from the service except
honorably.
(2) A certificate under paragraph (1) of this subsection is conclusive evi-
dence of the service and discharge.
(c) PROOF OF GOOD MORAL CHARACTER, ATTACHMENT TO PRINCIPLES,
AND FAVORABLE DISPOSITION.—Proof of honorable service under this sec-
tion is proof that the individual was of good moral character, attached to
the principles of the Constitution of the United States, and well disposed
326
to the good order and happiness of the United States during the period of
the service.
(d) EFFECT OF FINDING OF DEPORTABILITY.—Notwithstanding section
20504(b) of this title, an individual may be naturalized immediately under
this section if the individual is in the armed forces when being naturalized
and was examined by a representative of the Immigration and Naturaliza-
tion Service before filing an application for naturalization.
(e) APPLICATIONS FILED MORE THAN 6 MONTHS AFTER DISCHARGE.—
An individual who satisfies subsection (a)(1)(A) and (B) of this section, but
files an application for naturalization more than 6 months after being dis-
charged, is deemed to be residing and physically present in the United
States during any periods of service within 5 years immediately before filing
the application.
§ 20313. Individuals with service in the armed forces during
war or military hostilities
(a) GENERAL.—Notwithstanding sections 20316 and 20504(b) of this
title, an individual may be naturalized without regard to section
20301(a)(1)–(6) of this title if—
(1) the individual served honorably on active duty in the armed
forces of the United States as an alien or as a national, but not a citi-
zen, of the United States at any time during a period—
(A) from April 6, 1917, through November 11, 1918;
(B) from September 1, 1939, through December 31, 1946;
(C) from June 25, 1950, through July 1, 1955;
(D) from February 28, 1961, through October 15, 1978; or
(E) the President designates by executive order as a period in
which the armed forces are engaged in military operations involv-
ing armed conflict with a hostile foreign force;
(2) the individual was—
(A) in the United States or American Samoa at the time of en-
listment or induction into the armed forces;
(B) in the Canal Zone at the time of enlistment or induction
if the enlistment or induction was before October 1, 1979; or
(C) lawfully admitted for permanent residence after the enlist-
ment or induction; and
(3) the individual, if discharged from the armed forces, was dis-
charged honorably.
(b) SERVICE IN REGULAR ARMY UNDER THE ACT OF JUNE 30, 1950.—
(1) Notwithstanding sections 20316 and 20504(b) of this title, an individual
may be naturalized without regard to section 20301(a)(1) or (3)–(6) of this
title if the individual—
327
(A) enlisted or re-enlisted as an alien in the Regular Army under
the Act of June 30, 1950 (ch. 443, 64 Stat. 316);
(B) served at least 5 years in the Regular Army; and
(C) was discharged honorably from the Regular Army.
(2) An individual described in paragraph (1) of this subsection is deemed
to have been lawfully admitted for permanent residence if the individual—
(A) entered the United States, American Samoa, or the Canal Zone
under military orders after enlistment; and
(B) is otherwise eligible to be naturalized.
(c) PERIOD OF SERVICE AVAILABLE ONLY ONCE.—A period of service
in the armed forces may not be used as the basis for naturalization under
this section if the individual has been naturalized previously because of the
same period of service.
(d) PROOF OF HONORABLE SERVICE AND DISCHARGE.—Service required
by this section shall be proved by a certificate from the executive agency
under which the individual served. The head of the executive agency shall
decide, and the certificate shall state, whether the individual served honor-
ably on active duty during a period specified in this section and was dis-
charged honorably. An individual’s service and discharge are not honorable
under this section if the individual was discharged from the armed forces
because of alienage or was a conscientious objector who performed no active
duty or refused to wear the uniform.
§ 20314. Posthumous naturalization of individuals who die
during service in the armed forces during war or
military hostilities
(a) GRANTING CITIZENSHIP.—The Attorney General shall grant post-
humous citizenship, as of the time of death, to an individual eligible under
subsection (b) of this section if the Attorney General approves a request for
posthumous citizenship for the individual under subsection (c) of this sec-
tion.
(b) ELIGIBILITY.—(1) An individual is eligible for posthumous citizenship
under this section if the individual—
(A) served honorably on active duty in the armed forces of the
United States as an alien or as a national, but not a citizen, of the
United States during any period described in section 20313(a)(1) of
this title;
(B) died as a result of injury or disease incurred in or aggravated
by that service; and
(C) satisfied the requirements of section 20313(a)(2) of this title.