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8 U.S.C. § 1422 — Eligibility for naturalization
Federal law — U.S. Code and appendices · legal_authorities
The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of race or sex or because such person is married.
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Source location: Title 8, Chapter 12, § 1422; chapter-012-immigration-and-nationality.md
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The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of race or sex or because such person is married.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
These sections, relating to naturalization, were in large degree affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former [section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section904&num=0&edition=prelim). See notes below for history of individual sections.
Sections 351 to 354, relating to Bureau of Naturalization, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 54 Stat. 1172. Sections 351 to 353 were from act June 29, 1906, ch. 3592, § 1, 34 Stat. 596, and section 354 was from act May 9, 1918, ch. 69, § 1, 40 Stat. 544. See [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1443&num=0&edition=prelim). See also section 1551 et seq. of this title for general provisions relating to Immigration and Naturalization Service.
Section 355, relating to reports of expenditures of Bureau of Naturalization, was repealed by act May 29, 1928, ch. 901, § 1, 45 Stat. 994. It was from act Mar. 4, 1909, ch. 299, § 1, 35 Stat. 982.
Sections 356 to 358a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. Section 356, relating to regulations for execution of naturalization laws and use of copies of papers in evidence, was from acts June 29, 1906, ch. 3592, § 28, 34 Stat. 606, and Mar. 2, 1929, ch. 536, § 8, 45 Stat. 1515; see [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 701, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 301, 54 Stat. 1140, related to jurisdiction to naturalize. See [section 1421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1421&num=0&edition=prelim).
Section 702, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 302, 54 Stat. 1140, related to sex or marriage, as affecting eligibility for naturalization. See [section 1422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1422&num=0&edition=prelim).
Section 703, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 303, 54 Stat. 1140; Dec. 17, 1943, ch. 344, § 3, 57 Stat. 601; July 2, 1946, ch. 534, § 1, 60 Stat. 416; Aug. 1, 1950, ch. 512, § 4(b), 64 Stat. 385, related to races affecting eligibility. See [section 1422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1422&num=0&edition=prelim).
Section 704, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 304, 54 Stat. 1140; Sept. 23, 1950, ch. 1024, title I, § 30, 64 Stat. 1018, related to language, history and principles of government affecting eligibility. See [section 1423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1423&num=0&edition=prelim).
Section 705, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 305, 54 Stat. 1141; Sept. 23, 1950, ch. 1024, title I, § 25, 64 Stat. 1013, related to exclusion from naturalization. See sections 1424(a)–(c), 1427(f), and 1451(c) of this title.
Section 706, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 306, 54 Stat. 1141, related to desertion from the armed forces or evasion of draft as affecting eligibility. See [section 1425 of this title](https://us
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Federal law — U.S. Code and appendices · legal_authorities
Page 487
TITLE 8—ALIENS AND NATIONALITY
§ 1423
title [amending this section and sections 1448, 1450, and
1455 of this title] shall take effect 30 days after the date
of the enactment of this Act [Dec. 12, 1991].’’
Amendment by section 305(a) of Pub. L. 102–232 effec-
tive as if included in the enactment of the Immigration
Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L.
102–232, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT; SAVINGS
PROVISION
Pub. L. 101–649, title IV, § 408, Nov. 29, 1990, 104 Stat.
5047, as amended by Pub. L. 102–232, title III, § 305(n),
Dec. 12, 1991, 105 Stat. 1750, provided that:
‘‘(a) EFFECTIVE DATE.—
‘‘(1) NO
NEW
COURT
PETITIONS
AFTER
EFFECTIVE
DATE.—No court shall have jurisdiction, under section
310(a) of the Immigration and Nationality Act [8
U.S.C. 1421(a)], to naturalize a person unless a peti-
tion for naturalization with respect to that person
has been filed with the court before October 1, 1991.
‘‘(2) TREATMENT OF CURRENT COURT PETITIONS.—
‘‘(A) CONTINUATION OF CURRENT RULES.—Except as
provided in subparagraph (B), any petition for natu-
ralization which may be pending in a court on Octo-
ber 1, 1991, shall be heard and determined in accord-
ance with the requirements of law in effect when
the petition was filed.
‘‘(B) PERMITTING WITHDRAWAL AND CONSIDERATION
OF APPLICATION UNDER NEW RULES.—In the case of
any petition for naturalization which may be pend-
ing in any court on January 1, 1992, the petitioner
may withdraw such petition and have the peti-
tioner’s application for naturalization considered
under the amendments made by this title [amend-
ing this section, sections 1101, 1423, 1424, 1426 to 1430,
1433, 1435 to 1440, 1441 to 1451, and 1455 of this title,
an
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