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8 U.S.C. § 1442 — Alien enemies
Federal law — U.S. Code and appendices · legal_authorities
**(a) Naturalization under specified conditions** An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may, after his loyalty has been fully established upon investigation by the Attorney General, be naturalized as a citizen of the United States if such alien’s application for naturalization shall be pending at the beginning of the state of war and the applicant is otherwise entitled to admission to citizenship.
**(b) Procedure** An alien embraced within this section shall not have his application for naturalization considered or heard except after 90 days’ notice to the Attorney General to be considered at the examination or hearing, and the Attorney General’s objection to such consideration shall cause the application to be continued from time to time for so long as the Attorney General may require.
**(c) Exceptions from classification** The Attorney General may, in his discretion, upon investigation fully establishing the loyalty of any alien enemy who did not have an application for naturalization pending at the beginning of the state of war, except such alien enemy from the classification of alien enemy for the purposes of this subchapter, and thereupon such alien shall have the privilege of filing an application for naturalization.
**(d) Effect of cessation of hostilities** An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war shall cease to be an alien enemy within the meaning of this section upon the determination by proclamation of the President, or by concurrent resolution of the Congress, that hostilities between the United States and such country, state, or sovereignty have ended.
**(e) Apprehension
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Source location: Title 8, Chapter 12, § 1442; chapter-012-immigration-and-nationality.md
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**(a) Naturalization under specified conditions** An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may, after his loyalty has been fully established upon investigation by the Attorney General, be naturalized as a citizen of the United States if such alien’s application for naturalization shall be pending at the beginning of the state of war and the applicant is otherwise entitled to admission to citizenship.
**(b) Procedure** An alien embraced within this section shall not have his application for naturalization considered or heard except after 90 days’ notice to the Attorney General to be considered at the examination or hearing, and the Attorney General’s objection to such consideration shall cause the application to be continued from time to time for so long as the Attorney General may require.
**(c) Exceptions from classification** The Attorney General may, in his discretion, upon investigation fully establishing the loyalty of any alien enemy who did not have an application for naturalization pending at the beginning of the state of war, except such alien enemy from the classification of alien enemy for the purposes of this subchapter, and thereupon such alien shall have the privilege of filing an application for naturalization.
**(d) Effect of cessation of hostilities** An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war shall cease to be an alien enemy within the meaning of this section upon the determination by proclamation of the President, or by concurrent resolution of the Congress, that hostilities between the United States and such country, state, or sovereignty have ended.
**(e) Apprehension and removal** Nothing contained herein shall be taken or construed to interfere with or prevent the apprehension and removal, consistent with law, of any alien enemy at any time prior to the actual naturalization of such alien.
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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.
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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
### 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
Page 509
TITLE 8—ALIENS AND NATIONALITY
§ 1442
after each effective date described in subsection
(a), should make necessary updates to the appro-
priate application forms of the Department of
Homeland Security.
(Pub. L. 110–251, § 3, June 26, 2008, 122 Stat. 2320.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Kendell Frederick
Citizenship Assistance Act, and not as part of the Im-
migration and Nationality Act which comprises this
chapter.
§ 1441. Constructive residence through service on
certain United States vessels
Any periods of time during all of which a per-
son who was previously lawfully admitted for
permanent residence has served honorably or
with good conduct, in any capacity other than
as a member of the Armed Forces of the United
States, (A) on board a vessel operated by the
United States, or an agency thereof, the full
legal and equitable title to which is in the
United States; or (B) on board a vessel whose
home port is in the United States, and (i) which
is registered under the laws of the United
States, or (ii) the full legal and equitable title to
which is in a citizen of the United States, or a
corporation organized under the laws of any of
the several States of the United States, shall be
deemed residence and physical presence within
the United States within the meaning of section
1427(a) of this title, if such service occurred
within five years immediately preceding the
date such person shall file an application for
naturalization. Service on vessels described in
clause (A) of this section shall be proved by duly
authenticated copies of the records of the execu-
tive departments or agency having custody of
the records of such service. Service on vessels
described in clause (B) of this section may be
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