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8 U.S.C. § 1435 — Former citizens regaining citizenship

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1435 — Former citizens regaining citizenship

**(a) Requirements** Any person formerly a citizen of the United States who (1) prior to September 22, 1922, lost United States citizenship by marriage to an alien, or by the loss of United States citizenship of such person’s spouse, or (2) on or after September 22, 1922, lost United States citizenship by marriage to an alien ineligible to citizenship, may if no other nationality was acquired by an affirmative act of such person other than by marriage be naturalized upon compliance with all requirements of this subchapter, except— (1) no period of residence or specified period of physical presence within the United States or within the State or district of the Service in the United States where the application is filed shall be required; and (2) the application need not set forth that it is the intention of the applicant to reside permanently within the United States. Such person, or any person who was naturalized in accordance with the provisions of section 317(a) of the Nationality Act of 1940, shall have, from and after her naturalization, the status of a native-born or naturalized citizen of the United States, whichever status existed in the case of such person prior to the loss of citizenship: Provided, That nothing contained herein or in any other provision of law shall be construed as conferring United States citizenship retroactively upon such person, or upon any person who was naturalized in accordance with the provisions of section 317(a) of the Nationality Act of 1940, during any period in which such person was not a citizen. **(b) Additional requirements** No person who is otherwise eligible for naturalization in accordance with the provisions of subsection (a) of this section shall be naturalized unless such person shall establish to the satisfaction of

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Stable record: federal_law:legal_authorities:record_usc_672c4f543c3d82e2e60a0524
Source file: Laws/federal/codes/united-states-code/title-8/section-1435-former-citizens-regaining-citizenship--ccd2637d03.md
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Source location: Title 8, Chapter 12, § 1435; chapter-012-immigration-and-nationality.md

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**(a) Requirements** Any person formerly a citizen of the United States who (1) prior to September 22, 1922, lost United States citizenship by marriage to an alien, or by the loss of United States citizenship of such person’s spouse, or (2) on or after September 22, 1922, lost United States citizenship by marriage to an alien ineligible to citizenship, may if no other nationality was acquired by an affirmative act of such person other than by marriage be naturalized upon compliance with all requirements of this subchapter, except— (1) no period of residence or specified period of physical presence within the United States or within the State or district of the Service in the United States where the application is filed shall be required; and (2) the application need not set forth that it is the intention of the applicant to reside permanently within the United States. Such person, or any person who was naturalized in accordance with the provisions of section 317(a) of the Nationality Act of 1940, shall have, from and after her naturalization, the status of a native-born or naturalized citizen of the United States, whichever status existed in the case of such person prior to the loss of citizenship: Provided, That nothing contained herein or in any other provision of law shall be construed as conferring United States citizenship retroactively upon such person, or upon any person who was naturalized in accordance with the provisions of section 317(a) of the Nationality Act of 1940, during any period in which such person was not a citizen. **(b) Additional requirements** No person who is otherwise eligible for naturalization in accordance with the provisions of subsection (a) of this section shall be naturalized unless such person shall establish to the satisfaction of the Attorney General that she has been a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States for a period of not less than five years immediately preceding the date of filing an application for naturalization and up to the time of admission to citizenship, and, unless she has resided continuously in the United States since the date of her marriage, has been lawfully admitted for permanent residence prior to filing her application for naturalization. **(c) Oath of allegiance** (1) A woman who was a citizen of the United States at birth and (A) who has or is believed to have lost her United States citizenship solely by reason of her marriage prior to September 22, 1922, to an alien, or by her marriage on or after such date to an alien ineligible to citizenship, (B) whose marriage to such alien shall have terminated subsequent to January 12, 1941, and (C) who has not acquired by an affirmative act other than by marriage any other nationality, shall, from and after taking the oath of allegiance required by [section 1448 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448&num=0&edition=prelim), be a citizen of the United States and have the status of a citizen of the United States by birth, without filing an application for naturalization, and notwithstanding any of the other provisions of this subchapter except the provisions of [section 1424 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1424&num=0&edition=prelim): Provided, That nothing contained herein or in any other provision of law shall be construed as conferring United States citizenship retroactively upon such person, or upon any person who was naturalized in accordance with the provisions of section 317(b) of the Nationality Act of 1940, during any period in which such person was not a citizen. (2) Such oath of allegiance may be taken abroad before a diplomatic or consular officer of the United States, or in the United States before the Attorney General or the judge or clerk of a court described in [section 1421(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1421/b&num=0&edition=prelim). (3) Such oath of allegiance shall be entered in the records of the appropriate embassy, legation, consulate, court, or the Attorney General, and, upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy, legation, consulate, court, or the Attorney General, shall be delivered to such woman at a cost not exceeding $5, which certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department or agency of the Government of the United States. **(d) Persons losing citizenship for failure to meet physical presence retention requirement** (1) A person who was a citizen of the United States at birth and lost such citizenship for failure to meet the physical presence retention requirements under [section 1401(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401/b&num=0&edition=prelim) (as in effect before October 10, 1978), shall, from and after taking the oath of allegiance required by [section 1448 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448&num=0&edition=prelim) be a citizen of the United States and have the status of a citizen of the United States by birth, without filing an application for naturalization, and notwithstanding any of the other provisions of this subchapter except the provisions of [section 1424 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1424&num=0&edition=prelim). Nothing in this subsection or any other provision of law shall be construed as conferring United States citizenship retroactively upon such person during any period in which such person was not a citizen. (2) The provisions of paragraphs (2) and (3) of subsection (c) shall apply to a person regaining citizenship under paragraph (1) in the same manner as they apply under subsection (c)(1).

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1448 — Oath of renunciation and allegiance

**(a) Public ceremony** A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under [section 1421(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1421/b&num=0&edition=prelim) an oath (1) to support the Constitution of the United States; (2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen; (3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic; (4) to bear true faith and allegiance to the same; and (5)(A) to bear arms on behalf of the United States when required by the law, or (B) to perform noncombatant service in the Armed Forces of the United States when required by the law, or (C) to perform work of national importance under civilian direction when required by the law. Any such person shall be required to take an oath containing the substance of clauses (1) to (5) of the preceding sentence, except that a person who shows by clear and convincing evidence to the satisfaction of the Attorney General that he is opposed to the bearing of arms in the Armed Forces of the United States by reason of religious training and belief shall be required to take an oath containing the substance of clauses (1) to (4) and clauses (5)(B) and (5)(C) of this subsection, and a person who shows by clear and convincing evidence to the satisfaction of the Attorney General that he is opposed to any type of service in the Armed Forces of the United States by reason of religious training and belief shall be req

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

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

8 U.S.C. § 1424 — Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government

**(a)** Notwithstanding the provisions of section 405(b) of this Act, no person shall hereafter be naturalized as a citizen of the United States— (1) who advocates or teaches, or who is a member of or affiliated with any organization that advocates or teaches, opposition to all organized government; or (2) who is a member of or affiliated with (A) the Communist Party of the United States; (B) any other totalitarian party of the United States; (C) the Communist Political Association; (D) the Communist or other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state; (E) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (F) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt, unless such alien establishes that he did not have knowledge or reason to believe at the time he became a member of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist-front organization; or (3) who, although not within any of the other provisions of this section, advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who is a member of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through i

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1451 — Revocation of naturalization

**(a) Concealment of material evidence; refusal to testify** It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively: Provided, That refusal on the part of a naturalized citizen within a period of ten years following his naturalization to testify as a witness in any proceeding before a congressional committee concerning his subversive activities, in a case where such person has been convicted of contempt for such refusal, shall be held to constitute a ground for revocation of such person’s naturalization under this subsection as having been procured by concealment of a material fact or by willful misrepresentation. If the naturalized citizen does not reside in any judicial district in the United States at the time of bringing such suit, the proceedings may be instituted in the United States District Court for the District of Columbia or in the United States district court in the judicial district in which such person last had his residence. **(b) Notice to party** The party to whom was granted the naturaliza

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1 to 18 — Repealed or Omitted

### Statutory Notes These sections, relating to citizenship, were 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 the notes below for history of individual sections. Section 1, relating to citizenship of persons born in the United States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. It was from R.S. § 1992, which was revised from act Apr. 9, 1866, ch. 31, § 1, 14 Stat. 27. Similar provisions were contained in former [section 601(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section601/a&num=0&edition=prelim). See [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim). Section 2, relating to citizenship of persons born in Territory of Oregon, was from R.S. § 1995, which was revised from act May 18, 1872, ch. 172, § 3, 17 Stat. 134. Sections 3 to 3c, related to citizenship of Indians. Section 3 was from acts Feb. 8, 1887, ch. 119, § 6, 24 Stat. 390; Mar. 3, 1901, ch. 868, 31 Stat. 1447; May 8, 1906, ch. 2348, 34 Stat. 182; Nov. 6, 1919, ch. 95, 41 Stat. 350; Mar. 3, 1921, ch. 120, § 3, 41 Stat. 1250; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1173. Section 3a was from act June 19, 1930, ch. 544, 46 Stat. 787. Sect

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1435 — Former citizens regaining citizenship

Page 499 TITLE 8—ALIENS AND NATIONALITY § 1435 Pub. L. 101–649, § 407(b)(2), substituted ‘‘within a State or a district of the Service in the United States’’ for ‘‘within the jurisdiction of the naturalization court’’. 1988—Subsec. (a). Pub. L. 100–525 repealed Pub. L. 99–653, § 16. See 1986 Amendment note below. 1986—Subsec. (a). Pub. L. 99–653, § 16, which inserted ‘‘unmarried and’’ after ‘‘be naturalized if’’, was re- pealed by Pub. L. 100–525. 1981—Subsec. (b). Pub. L. 97–116, § 18(m), substituted ‘‘an adopted child only if the child’’ for ‘‘a child adopt- ed while under the age of sixteen years who’’. Subsec. (c). Pub. L. 97–116, § 18(n), added subsec. (c). 1978—Subsec. (b). Pub. L. 95–417 substituted provi- sions making subsec. (a) of this section applicable to adopted children for provisions making subsec. (a) of this section inapplicable to adopted children. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT 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. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–395 effective 120 days after Oct. 30, 2000, and applicable to individuals who satisfy the requirements of this section or section 1431 of this title as in effect on such effective date, see section 104 of Pub. L. 106–395, set out as a note under section 1431 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title I, § 102(d), Oct. 25, 1994, 108 Stat. 4307, provided that: ‘‘The amendments made by this section [amending this section and section 1452 of this title] shal

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