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8 U.S.C. § 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
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1440&num=0&edition=prelim)], 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim) et seq.].
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Source file: Laws/federal/codes/united-states-code/title-8/section-1440e-exemption-from-naturalization-fees-for-aliens-naturalized-through-servic--4de6dd00b1.md
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Source location: Title 8, Chapter 12, § 1440e; chapter-012-immigration-and-nationality.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1440&num=0&edition=prelim)], 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim) et seq.].
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements** Any person who, while an alien or a noncitizen national of the United States, has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during either World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning June 25, 1950, and ending July 1, 1955, or during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as of 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, if separated from such service, was separated under honorable conditions, may be naturalized as provided in this section if (1) at the time of enlistment, reenlistment, extension of enlistment, or induction such person shall have been in the United States, the Canal Zone, American Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service, whether or not he has been lawfully admitted to the United States for permanent residence, or (2) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence. The executive department under which such person served shall determine whether persons have served honorably in an active-duty status, and whether separation from such service was under honorable conditions: Provided, however, That no person who is or has been separated from such service on
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Federal law — U.S. Code and appendices · legal_authorities
The following shall be nationals and citizens of the United States at birth:
**(a)** a person born in the United States, and subject to the jurisdiction thereof;
**(b)** a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
**(c)** a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
**(d)** a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
**(e)** a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
**(f)** a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
**(g)** a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the
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Federal law — U.S. Code and appendices · legal_authorities
Page 480
TITLE 8—ALIENS AND NATIONALITY
§ 1382
§ 1382. Acceptance and administration of gifts for
immigration integration grants program
The Director of U.S. Citizenship and Immigra-
tion Services is authorized in fiscal year 2017,
and in each fiscal year thereafter, to solicit, ac-
cept, administer, and utilize gifts, including do-
nations of property, for the purpose of providing
an immigrant integration grants program and
related activities to promote citizenship and im-
migrant integration: Provided, That all sums re-
ceived under this subsection shall be deposited
in a separate account in the general fund of the
Treasury to be known as the ‘‘Citizenship Gift
and Bequest Account’’: Provided further, That all
funds deposited into the Citizenship Gift and Be-
quest Account shall remain available until ex-
pended, and shall be available in addition to any
funds appropriated or otherwise made available
for an immigrant integration grants program or
other activities to promote citizenship and im-
migrant integration.
(Pub. L. 115–31, div. F, title IV, § 404(c), May 5,
2017, 131 Stat. 422.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Department of
Homeland Security Appropriations Act, 2017, and also
as part of the Consolidated Appropriations Act, 2017,
and not as part of the Immigration and Nationality Act
which comprises this chapter.
SUBCHAPTER III—NATIONALITY AND
NATURALIZATION
PART I—NATIONALITY AT BIRTH AND COLLECTIVE
NATURALIZATION
§ 1401. Nationals and citizens of United States at
birth
The following shall be nationals and citizens
of the United States at birth:
(a) a person born in the United States, and
subject to the jurisdiction thereof;
(b) a person born in the United States to a
member of an Indian, Eskimo, Al
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1401
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 504
TITLE 8—ALIENS AND NATIONALITY
§ 1440
§ 1440. Naturalization through active-duty serv-
ice in the Armed Forces during World War I,
World War II, Korean hostilities, Vietnam
hostilities, or other periods of military hos-
tilities
(a) Requirements
Any person who, while an alien or a noncitizen
national of the United States, has served honor-
ably as a member of the Selected Reserve of the
Ready Reserve or in an active-duty status in the
military, air, or naval forces of the United
States during either World War I or during a pe-
riod beginning September 1, 1939, and ending De-
cember 31, 1946, or during a period beginning
June 25, 1950, and ending July 1, 1955, or during
a period beginning February 28, 1961, and ending
on a date designated by the President by Execu-
tive order as of 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, if sepa-
rated from such service, was separated under
honorable conditions, may be naturalized as pro-
vided in this section if (1) at the time of enlist-
ment, reenlistment, extension of enlistment, or
induction such person shall have been in the
United
States,
the
Canal
Zone,
American
Samoa, or Swains Island, or on board a public
vessel owned or operated by the United States
for noncommercial service, whether or not he
has been lawfully admitted to the United States
for permanent residence, or (2) at any time sub-
sequent to enlistment or induction such person
shall have been lawfully admitted to the United
States for permanent residence. The executi
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1440
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1440. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 507
TITLE 8—ALIENS AND NATIONALITY
§ 1440e
with the Bureau of Citizenship and Immigra-
tion Services in the Department of Home-
land Security immediately upon the death of
that person; or
(B) by the next-of-kin.
(2) Approval
The Director of the Bureau of Citizenship
and Immigration Services shall approve a re-
quest for posthumous citizenship filed by the
next-of-kin in accordance with paragraph
(1)(B) if—
(A) the request is filed not later than 2
years after—
(i) November 24, 2003; or
(ii) the date of the person’s death;
whichever date is later;
(B) the request is accompanied by a duly
authenticated certificate from the executive
department under which the person served
which states that the person satisfied the re-
quirements of paragraphs (1) and (2) of sub-
section (b); and
(C) the Director finds that the person sat-
isfied the requirement of subsection (b)(3).
(d) Documentation of posthumous citizenship
If the Director of the Bureau of Citizenship
and Immigration Services approves the request
referred to in subsection (c), the Director shall
send to the next-of-kin of the person who is
granted citizenship, a suitable document which
states that the United States considers the per-
son to have been a citizen of the United States
at the time of the person’s death.
(June 27, 1952, ch. 477, title III, ch. 2, § 329A, as
added Pub. L. 101–249, § 2(a), Mar. 6, 1990, 104
Stat. 94; Pub. L. 107–273, div. C, title I, § 11030(b),
Nov. 2, 2002, 116 Stat. 1836; Pub. L. 108–136, div. A,
title XVII, §§ 1703(g), 1704, Nov. 24, 2003, 117 Stat.
1695, 1696.)
Editorial Notes
CODIFICATION
November 24, 2003, referred to in subsec. (c)(2)(A)(i),
was in the original ‘‘the date of enactment of this sec-
tion’’, which was translated as meaning the date of
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1440e
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