dreamproit/uscode huggingface dataset:
8 U.S.C. § 1434 (ALIENS AND NATIONALITY)
§ 1434. Repealed. Pub. L. 95–417, § 7, Oct. 5, 1978, 92 Stat. 918
text: Section, acts June 27, 1952, ch. 477, title III, ch. 2, § 323, 66 Stat. 246; Sept. 11, 1957, Pub. L. 85–316, § 11, 71 Stat. 642; Aug. 20, 1958, Pub. L. 85–697, § 1, 72 Stat. 687, related to citizenship of children adopted by citizens.
8 U.S.C. § 1436 (ALIENS AND NATIONALITY)
§ 1436. Nationals but not citizens; residence within outlying possessions
A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may, if he becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this subchapter, except that in applications for naturalization filed under the provisions of this section residence and physical presence within the United States within the meaning of this subchapter shall include residence and physical presence within any of the outlying possessions of the United States.
(June 27, 1952, ch. 477, title III, ch. 2, § 325, 66 Stat. 248; Pub. L. 101–649, title IV, § 407(c)(8), Nov. 29, 1990, 104 Stat. 5041.)
heading: Amendments
text: 1990—Pub. L. 101–649 substituted “applications” for “petitions”.
8 U.S.C. § 1437 (ALIENS AND NATIONALITY)
§ 1437. Resident Philippine citizens excepted from certain requirements
Any person who (1) was a citizen of the Commonwealth of the Philippines on July 2, 1946, (2) entered the United States prior to May 1, 1934, and (3) has, since such entry, resided continuously in the United States shall be regarded as having been lawfully admitted to the United States for permanent residence for the purpose of applying for naturalization under this subchapter.
(June 27, 1952, ch. 477, title III, ch. 2, § 326, 66 Stat. 248; Pub. L. 101–649, title IV, § 407(c)(9), Nov. 29, 1990, 104 Stat. 5041.)
heading: Amendments
text: 1990—Pub. L. 101–649 substituted “applying” for “petitioning”.
8 U.S.C. § 1440a to 1440d (ALIENS AND NATIONALITY)
§§ 1440a to 1440d. Omitted
heading: Codification
text: Sections, act June 30, 1953, ch. 162, §§ 1–4, 67 Stat. 108–110, which authorized naturalization of persons who served in the Armed Forces after June 29, 1950, and not later than July 1, 1955, were omitted as obsolete, since the provisions of section 1 of act June 30, 1953, required the petition for naturalization to be filed not later than December 31, 1955. See sections 1440 and 1440e of this title.
8 U.S.C. § 1440e (ALIENS AND NATIONALITY)
§ 1440e. Exemption from naturalization fees for aliens naturalized through service during Vietnam hostilities or other subsequent period of military hostilities; report by clerks of courts to Attorney General
Notwithstanding any other provision of law, no clerk of a United States court shall charge or collect a naturalization fee from an alien who has served in the military, air, or naval forces of the United States during a period beginning February 28, 1961, and ending on the date designated by the President by Executive order as the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and who is applying for naturalization during such periods under section 329 of the Immigration and Nationality Act, as amended by this Act [8 U.S.C. 1440], for filing a petition for naturalization or issuing a certificate of naturalization upon his admission to citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A report of all transactions under this section shall be made to the Attorney General as in the case of other reports required of clerks of courts by title III of the Immigration and Nationality Act [8 U.S.C. 1401 et seq.].
(Pub. L. 90–633, § 3, Oct. 24, 1968, 82 Stat. 1344.)
heading: References in Text
text: The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended. Title III of the Act is classified principally to subchapter III (§ 1401 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
heading: Codification
text: Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1440g (ALIENS AND NATIONALITY)
§ 1440g. Provision of information on military naturalization
(a) In general
Not later than 30 days after the effective date of any modification to a regulation related to naturalization under section 1439 or 1440 of this title, the Secretary of Homeland Security shall make appropriate updates to the Internet sites maintained by the Secretary to reflect such modification.
(b) Sense of Congress
It is the sense of Congress that the Secretary of Homeland Security, not later than 180 days after each effective date described in subsection (a), should make necessary updates to the appropriate application forms of the Department of Homeland Security.
(Pub. L. 110–251, § 3, June 26, 2008, 122 Stat. 2320.)
heading: Codification
text: Section was enacted as part of the Kendell Frederick Citizenship Assistance Act, and not as part of the Immigration and Nationality Act which comprises this chapter.
8 U.S.C. § 1443a (ALIENS AND NATIONALITY)
§ 1443a. Naturalization proceedings overseas for members of the Armed Forces and their spouses and children
Notwithstanding any other provision of law, the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall ensure that any applications, interviews, filings, oaths, ceremonies, or other proceedings under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) relating to naturalization of members of the Armed Forces, and persons made eligible for naturalization by section 319(e) or 322(d) of such Act [8 U.S.C. 1430(e), 1433(d)], are available through United States embassies, consulates, and as practicable, United States military installations overseas.
(Pub. L. 108–136, div. A, title XVII, § 1701(d), Nov. 24, 2003, 117 Stat. 1692; Pub. L. 110–181, div. A, title VI, § 674(c), Jan. 28, 2008, 122 Stat. 186.)
heading: References in Text
text: The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended. Title III of the Act is classified principally to subchapter III (§ 1401 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Immigration and Nationality Act which comprises this chapter.
heading: Amendments
text: 2008—Pub. L. 110–181 inserted “and their spouses and children” after “Armed Forces” in section catchline and “, and persons made eligible for naturalization by section 319(e) or 322(d) of such Act,” after “Armed Forces” in text.
heading: Effective Date of 2008 Amendment
text: Amendment by Pub. L. 110–181 effective Jan. 28, 2008, and applicable to any application for naturalization or issuance of a certificate of citizenship pending on or after such date, see section 674(d) of Pub. L. 110–181, set out as a note under section 1430 of this title.
heading: Effective Date
text: Section effective Oct. 1, 2004, see section 1705(b) of Pub. L. 109–136, set out as an Effective Date of 2003 Amendment note under section 1439 of this title.
heading: Finalization of Naturalization Proceedings for Members of the Armed Forces
text: Pub. L. 108–136, div. A, title XVII, § 1701(e), Nov. 24, 2003, 117 Stat. 1692, provided that:
“Not later than 90 days after the date of the enactment of this Act [Nov. 24, 2003], the Secretary of Defense shall prescribe a policy that facilitates the opportunity for a member of the Armed Forces to finalize naturalization for which the member has applied. The policy shall include, for such purpose, the following:
“(1) A high priority for grant of emergency leave.
“(2) A high priority for transportation on aircraft of, or chartered by, the Armed Forces.”
8 U.S.C. § 1444 (ALIENS AND NATIONALITY)
§ 1444. Photographs; number
(a) Three identical photographs of the applicant shall be signed by and furnished by each applicant for naturalization or citizenship. One of such photographs shall be affixed by the Attorney General to the original certificate of naturalization issued to the naturalized citizen and one to the duplicate certificate of naturalization required to be forwarded to the Service.
(b) Three identical photographs of the applicant shall be furnished by each applicant for—
(1) a record of lawful admission for permanent residence to be made under section 1259 of this title;
(2) a certificate of derivative citizenship;
(3) a certificate of naturalization or of citizenship;
(4) a special certificate of naturalization;
(5) a certificate of naturalization or of citizenship, in lieu of one lost, mutilated, or destroyed;
(6) a new certificate of citizenship in the new name of any naturalized citizen who, subsequent to naturalization, has had his name changed by order of a court of competent jurisdiction or by marriage; and
(7) a declaration of intention.
One such photograph shall be affixed to each such certificate issued by the Attorney General and one shall be affixed to the copy of such certificate retained by the Service.
(June 27, 1952, ch. 477, title III, ch. 2, § 333, 66 Stat. 253; Pub. L. 101–649, title IV, § 407(c)(14), (d)(11), Nov. 29, 1990, 104 Stat. 5041, 5042; Pub. L. 103–416, title II, § 219(w), Oct. 25, 1994, 108 Stat. 4318.)
heading: Amendments
text: 1994—Subsec. (b)(1). Pub. L. 103–416 substituted “1259” for “1259(a)”.
1990—Subsec. (a). Pub. L. 101–649 substituted “applicant” for “petitioner” after “by each”, and “Attorney General” for “clerk of the court”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1448a (ALIENS AND NATIONALITY)
§ 1448a. Address to newly naturalized citizens
Either at the time of the rendition of the decree of naturalization or at such other time as the judge may fix, the judge or someone designated by him shall address the newly naturalized citizen upon the form and genius of our Government and the privileges and responsibilities of citizenship; it being the intent and purpose of this section 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.
(Feb. 29, 1952, ch. 49, § 2, 66 Stat. 10.)
heading: Codification
text: Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter.
Section was previously classified to section 154 of former Title 36, Patriotic Societies and Observances.
heading: Prior Provisions
text: Similar provisions were contained in act May 3, 1940, ch. 183, § 2, 54 Stat. 178, which was classified to section 727a of this title prior to repeal by act Feb. 29, 1952.
8 U.S.C. § 1453 (ALIENS AND NATIONALITY)
§ 1453. Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy Commissioner; action not to affect citizenship status
The Attorney General is authorized to cancel any certificate of citizenship, certificate of naturalization, copy of a declaration of intention, or other certificate, document or record heretofore issued or made by the Commissioner or a Deputy Commissioner or hereafter made by the Attorney General if it shall appear to the Attorney General’s satisfaction that such document or record was illegally or fraudulently obtained from, or was created through illegality or by fraud practiced upon, him or the Commissioner or a Deputy Commissioner; but the person for or to whom such document or record has been issued or made shall be given at such person’s last-known place of address written notice of the intention to cancel such document or record with the reasons therefor and shall be given at least sixty days in which to show cause why such document or record should not be canceled. The cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the document was issued.
(June 27, 1952, ch. 477, title III, ch. 2, § 342, 66 Stat. 263.)
heading: Effective Date
text: Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1456 (ALIENS AND NATIONALITY)
§ 1456. Repealed. Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, eff. Sept. 1, 1960
text: Section, act June 27, 1952, ch. 477, title III, ch. 2, § 345, 66 Stat. 266, related to free transmittal of official mail in naturalization matters. See section 3202 of Title 39, Postal Service.
8 U.S.C. § 1457 (ALIENS AND NATIONALITY)
§ 1457. Publication and distribution of citizenship textbooks; use of naturalization fees
Authorization is granted for the publication and distribution of the citizenship textbook described in subsection (b) of section 1443 of this title and for the reimbursement of the appropriation of the Department of Justice upon the records of the Treasury Department from the naturalization fees deposited in the Treasury through the Service for the cost of such publication and distribution, such reimbursement to be made upon statements by the Attorney General of books so published and distributed.
(June 27, 1952, ch. 477, title III, ch. 2, § 346, 66 Stat. 266.)
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1458 (ALIENS AND NATIONALITY)
§ 1458. Compilation of naturalization statistics and payment for equipment
The Attorney General is authorized and directed to prepare from the records in the custody of the Service a report upon those heretofore seeking citizenship to show by nationalities their relation to the numbers of aliens annually arriving and to the prevailing census populations of the foreign-born, their economic, vocational, and other classification, in statistical form, with analytical comment thereon, and to prepare such report annually hereafter. Payment for the equipment used in preparing such compilation shall be made from the appropriation for the enforcement of this chapter by the Service.
(June 27, 1952, ch. 477, title III, ch. 2, § 347, 66 Stat. 266.)
heading: References in Text
text: This chapter, referred to in text, was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
heading: Effective Date
text: Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
8 U.S.C. § 1459 (ALIENS AND NATIONALITY)
§ 1459. Repealed. Pub. L. 101–649, title IV, § 407(d)(20), Nov. 29, 1990, 104 Stat. 5046
text: Section, acts June 27, 1952, ch. 477, title III, ch. 2, § 348, 66 Stat. 267; Oct. 24, 1988, Pub. L. 100–525, § 9(gg), 102 Stat. 2622, related to admissibility in evidence of statements voluntarily made to officers and employees in course of their official duties and penalties for failure of clerk of court to perform duties.
8 U.S.C. § 1482 (ALIENS AND NATIONALITY)
§ 1482. Repealed. Pub. L. 95–432, § 1, Oct. 10, 1978, 92 Stat. 1046
text: Section, act June 27, 1952, ch. 477, title III, ch. 3, § 350, 66 Stat. 269, provided that an individual with dual nationality who voluntarily claims the benefits of the foreign state nationality loses his United States nationality by having continuous residence in the foreign state for 3 years after having attained 22 years of age unless prior to the 3 year period he takes an oath of allegiance to the United States, or his residence in the foreign state was for a reason specified in section 1485(1), (2), (4), (5), (6), (7), or (8) of this title or section 1486(1) or (2) of this title.
heading: Effective Date of Repeal
text: Pub. L. 95–432, § 1, Oct. 10, 1978, 92 Stat. 1046, provided that repeal of this section is effective Oct. 10, 1978.
8 U.S.C. § 1484 to 1487 (ALIENS AND NATIONALITY)
§§ 1484 to 1487. Repealed. Pub. L. 95–432, § 2, Oct. 10, 1978, 92 Stat. 1046
text: Section 1484, act June 27, 1952, ch. 477, title III, ch. 3, § 352, 66 Stat. 269, related to loss of nationality by naturalized national by continuous residence for 3 years in the territory or foreign state of which the individual was a former national or in which his place of birth was situated or continuous residence for 5 years in any other foreign state or states.
text: Section 1485, acts June 27, 1952, ch. 477, title III, ch. 3, § 353, 66 Stat. 270; Aug. 4, 1959, Pub. L. 86–129, § 1, 73 Stat. 274, provided exceptions for certain persons from loss of nationality pursuant to section 1484.
text: Section 1486, acts June 27, 1952, ch. 477, title III, ch. 3, § 354, 66 Stat. 271; Aug. 4, 1959, Pub. L. 86–129, §§ 2, 3, 73 Stat. 274; Sept. 26, 1961, Pub. L. 87–301, § 20, 75 Stat. 656, provided exceptions for certain persons from loss of nationality by continuous residence for five years in any foreign country of which the individual was not a national or in which his place of birth was situated.
text: Section 1487, act June 27, 1952, ch. 477, title III, ch. 3, § 355, 66 Stat. 272, related to loss of American nationality through expatriation of parents.
8 U.S.C. § 1488 (ALIENS AND NATIONALITY)
§ 1488. Nationality lost solely from performance of acts or fulfillment of conditions
The loss of nationality under this part shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this part.
(June 27, 1952, ch. 477, title III, ch. 3, § 356, 66 Stat. 272.)
8 U.S.C. § 1489 (ALIENS AND NATIONALITY)
§ 1489. Application of treaties; exceptions
Nothing in this subchapter shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party and which has been ratified by the Senate before December 25, 1952: Provided, however, That no woman who was a national of the United States shall be deemed to have lost her nationality solely by reason of her marriage to an alien on or after September 22, 1922, or to an alien racially ineligible to citizenship on or after March 3, 1931, or, in the case of a woman who was a United States citizen at birth, through residence abroad following such marriage, notwithstanding the provisions of any existing treaty or convention.
(June 27, 1952, ch. 477, title III, ch. 3, § 357, 66 Stat. 272; Pub. L. 100–525, § 9(ii), Oct. 24, 1988, 102 Stat. 2622.)
heading: Amendments
text: 1988—Pub. L. 100–525 substituted “before December 25, 1952” for “upon the effective date of this subchapter”.
8 U.S.C. § 1501 (ALIENS AND NATIONALITY)
§ 1501. Certificate of diplomatic or consular officer of United States as to loss of American nationality
Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his United States nationality under any provision of part III of this subchapter, or under any provision of chapter IV of the Nationality Act of 1940, as amended, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations prescribed by the Secretary of State. If the report of the diplomatic or consular officer is approved by the Secretary of State, a copy of the certificate shall be forwarded to the Attorney General, for his information, and the diplomatic or consular office in which the report was made shall be directed to forward a copy of the certificate to the person to whom it relates. Approval by the Secretary of State of a certificate under this section shall constitute a final administrative determination of loss of United States nationality under this chapter, subject to such procedures for administrative appeal as the Secretary may prescribe by regulation, and also shall constitute a denial of a right or privilege of United States nationality for purposes of section 1503 of this title.
(June 27, 1952, ch. 477, title III, ch. 4, § 358, 66 Stat. 272; Pub. L. 103–416, title I, § 106, Oct. 25, 1994, 108 Stat. 4309.)
heading: References in Text
text: Chapter IV of the Nationality Act of 1940, as amended, referred to in text, which was classified to sections 800 to 810 of this title, was repealed by section 403(a)(42) of act June 27, 1952.
This chapter, referred to in text, was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 100 of this title.
heading: Amendments
text: 1994—Pub. L. 103–416 inserted at end “Approval by the Secretary of State of a certificate under this section shall constitute a final administrative determination of loss of United States nationality under this chapter, subject to such procedures for administrative appeal as the Secretary may prescribe by regulation, and also shall constitute a denial of a right or privilege of United States nationality for purposes of section 1503 of this title.”
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.