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8 U.S.C. § 1438 — Former citizens losing citizenship by entering armed forces of foreign countries during World War II

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

8 U.S.C. § 1438 — Former citizens losing citizenship by entering armed forces of foreign countries during World War II

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Stable record: federal_law:legal_authorities:record_usc_8109b2d43342d61f05bcaeab
Source file: Laws/federal/codes/united-states-code/title-8/section-1438-former-citizens-losing-citizenship-by-entering-armed-forces-of-foreign-c--3353b14147.md
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Source location: Title 8, Chapter 12, § 1438; chapter-012-immigration-and-nationality.md

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**(a) Requirements; oath; certified copies of oath** Any person who, (1) during World War II and while a citizen of the United States, served in the military, air, or naval forces of any country at war with a country with which the United States was at war after December 7, 1941, and before September 2, 1945, and (2) has lost United States citizenship by reason of entering or serving in such forces, or taking an oath or obligation for the purpose of entering such forces, may, upon compliance with all the provisions of subchapter III of this chapter, except [section 1427(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1427/a&num=0&edition=prelim), and except as otherwise provided in subsection (b), be naturalized by taking before the Attorney General or before 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) the oath required by [section 1448 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448&num=0&edition=prelim). Certified copies of such oath shall be sent by such court to the Department of State and to the Department of Justice and by the Attorney General to the Secretary of State. **(b) Exceptions** No person shall be naturalized under subsection (a) of this section unless he— (1) is, and has been for a period of at least five years immediately preceding taking the oath required in subsection (a), 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; and (2) has been lawfully admitted to the United States for permanent residence and intends to reside permanently in the United States. **(c) Status** Any person naturalized in accordance with the provisions of this section, or any person who was naturalized in accordance with the provisions of section 323 of the Nationality Act of 1940, shall have, from and after such 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 any such person during any period in which such person was not a citizen. **(d) Span of World War II** For the purposes of this section, World War II shall be deemed to have begun on September 1, 1939, and to have terminated on September 2, 1945. **(e) Inapplicability to certain persons** This section shall not apply to any person who during World War II served in the armed forces of a country while such country was at war with the United States.

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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. § 1438 — Former citizens losing citizenship by en-

Page 501 TITLE 8—ALIENS AND NATIONALITY § 1438 the Immigration and Nationality Act [section 1421(a) of this title], or before any diplomatic or consular officer of the United States abroad, that he has done nothing to promote the cause of communism. The illegal or fraudulent procurement of naturalization under this amendment shall be subject to cancellation in the same manner as provided in section 340 of the Immigration and Nationality Act [section 1451 of this title].’’ JAPANESE ELECTIONS; NATURALIZATION OF FORMER CITIZENS WHO VOTED IN CERTAIN FORMER ELECTIONS Act July 20, 1954, ch. 553, 68 Stat. 495, provided: ‘‘That a person who has lost United States citizenship solely by reason of having voted in any political election or plebiscite held in Japan between September 2, 1945, and April 27, 1952, inclusive, and who has not, subsequent to such voting, committed any act which, had he re- mained a citizen, would have operated to expatriate him, and is not otherwise disqualified from becoming a citizen by reason of sections 313 or 314, or the third sen- tence of section 318 of the Immigration and Nationality Act [sections 1424, 1425, 1429 of this title], may be natu- ralized by taking, prior to two years after the date of the enactment of this Act [July 20, 1954], before any naturalization court specified in subsection (a) of sec- tion 310 of the Immigration and Nationality Act [sec- tion 1421(a) of this title] or before any diplomatic or consular officer of the United States abroad, the appli- cable oath prescribed by section 337 of such Act [sec- tion 1448 of this title]. Certified copies of such oath shall be sent by such court or such diplomatic or con- sular officer to the Department of State and to the De- partment of Justice. Such oath of alleg

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