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8 U.S.C. § 1439 — Naturalization through service in the armed forces
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements** A person who has served honorably at any time in the armed forces of the United States for a period or periods aggregating one year, and, who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person’s application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service.
**(b) Exceptions** A person filing an application under subsection (a) of this section shall comply in all other respects with the requirements of this subchapter, except that—
(1) no residence within a State or district of the Service in the United States shall be required;
(2) notwithstanding [section 1429 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1429&num=0&edition=prelim) insofar as it relates to deportability, such applicant may be naturalized immediately if the applicant be then actually in the Armed Forces of the United States, and if prior to the filing of the application, the applicant shall have appeared before and been examined by a representative of the Service;
(3) the applicant shall furnish to the Secretary of Homeland Security, prior to any hearing upon his application, a certified statement from the proper executive department for each period of his service upon which he relies for the benefits of this section, clearly showing t
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Stable record: federal_law:legal_authorities:record_usc_9654312c901125275561576f
Source file: Laws/federal/codes/united-states-code/title-8/section-1439-naturalization-through-service-in-the-armed-forces--f70df0dcd2.md
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Source location: Title 8, Chapter 12, § 1439; chapter-012-immigration-and-nationality.md
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**(a) Requirements** A person who has served honorably at any time in the armed forces of the United States for a period or periods aggregating one year, and, who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person’s application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service.
**(b) Exceptions** A person filing an application under subsection (a) of this section shall comply in all other respects with the requirements of this subchapter, except that—
(1) no residence within a State or district of the Service in the United States shall be required;
(2) notwithstanding [section 1429 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1429&num=0&edition=prelim) insofar as it relates to deportability, such applicant may be naturalized immediately if the applicant be then actually in the Armed Forces of the United States, and if prior to the filing of the application, the applicant shall have appeared before and been examined by a representative of the Service;
(3) the applicant shall furnish to the Secretary of Homeland Security, prior to any hearing upon his application, a certified statement from the proper executive department for each period of his service upon which he relies for the benefits of this section, clearly showing that such service was honorable and that no discharges from service, including periods of service not relied upon by him for the benefits of this section, were other than honorable (the certificate or certificates herein provided for shall be conclusive evidence of such service and discharge); and
(4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing the application, or for the issuance of a certificate of naturalization upon being granted 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.
**(c) Periods when not in service** In the case such applicant’s service was not continuous, the applicant’s residence in the United States and State or district of the Service in the United States, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately preceding the date of filing such application between the periods of applicant’s service in the Armed Forces, shall be alleged in the application filed under the provisions of subsection (a) of this section, and proved at any hearing thereon. Such allegation and proof shall also be made as to any period between the termination of applicant’s service and the filing of the application for naturalization.
**(d) Residence requirements** The applicant shall comply with the requirements of [section 1427(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1427/a&num=0&edition=prelim), if the termination of such service has been more than six months preceding the date of filing the application for naturalization, except that such service within five years immediately preceding the date of filing such application shall be considered as residence and physical presence within the United States.
**(e) Moral character** Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of [section 1427(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1427/a&num=0&edition=prelim).
**(f) Revocation** Citizenship granted pursuant to this section may be revoked in accordance with [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1451&num=0&edition=prelim) if the person is separated from the Armed Forces under other than honorable conditions before the person has served honorably for a period or periods aggregating five years. Such ground for revocation shall be in addition to any other provided by law, including the grounds described in [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1451&num=0&edition=prelim). The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation. Any period or periods of service shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) **In general** — There shall be in the Department of Homeland Security a bureau to be known as the “Bureau of Border Security”.
(2) **Assistant Secretary** — The head of U.S. Immigration and Customs Enforcement shall be the Assistant Secretary of U.S. Immigration and Customs Enforcement, who—
(A) shall report directly to the Under Secretary for Border and Transportation Security; and
(B) shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience.
(3) **Functions** — The Assistant Secretary of U.S. Immigration and Customs Enforcement—
(A) shall establish the policies for performing such functions as are—
(i) transferred to the Under Secretary for Border and Transportation Security by [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or
(ii) otherwise vested in the Assistant Secretary by law;
(B) shall oversee the administration of such policies; and
(C) shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of U.S. Immigration and Customs Enforcement affecting U.S. Citizenship and Immigration Services established under part E of this subchapter, including potentially conflicting policies or operations.
(4) **Program to collect information relating to foreign students** — The Assistant Secretary of U.S. Immigration and Customs Enforcement shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in [section 137
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 271
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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)** 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
Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),11 See References in Text note below. and except as provided in sections 1439 and 1440 of this title no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: Provided, That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for naturalization as required by this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1429
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1440
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1451
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall ensure that any applications, interviews, filings, oaths, ceremonies, or other proceedings under 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.) relating to naturalization of members of the Armed Forces, and persons made eligible for naturalization by section 319(e) or 322(d) of such Act [[8 U.S.C. 1430(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1430/e&num=0&edition=prelim), 1433(d)], are available through United States embassies, consulates, and as practicable, United States military installations overseas.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is in the Office of the Secretary of Defense an Office of Military Family Readiness Policy (in this section referred to as the “Office”). The Office shall be headed by the Director of Military Family Readiness Policy, who shall serve within the Office of the Under Secretary of Defense for Personnel and Readiness.
**(b) Duties.—** The Office—
(1) shall coordinate programs and activities of the military departments to the extent that they relate to military families; and
(2) shall make recommendations to the Secretaries of the military departments with respect to programs and policies regarding military families.
**(c) Staff.—** The Office shall have not less than five professional staff members.
**(d) Non-medical Counseling Services.—**
(1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program.
(2) A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional.
(3) A non-medical mental health professional described in this subsection is a person who is—
(A) a currently licensed mental health care provider who holds a license that is—
(i) issued by a State, the District of Columbia, or a territory or possession of the United States;
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1781
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Bureau**
(1) **In general** — There shall be in the Department a bureau to be known as the “Bureau of Citizenship and Immigration Services”.
(2) **Director** — The head of the Bureau of Citizenship and Immigration Services shall be the Director of the Bureau of Citizenship and Immigration Services, who—
(A) shall report directly to the Deputy Secretary;
(B) shall have a minimum of 5 years of management experience; and
(C) shall be paid at the same level as the Assistant Secretary of the Bureau of Border Security.
(3) **Functions** — The Director of the Bureau of Citizenship and Immigration Services—
(A) shall establish the policies for performing such functions as are transferred to the Director by this section or this chapter or otherwise vested in the Director by law;
(B) shall oversee the administration of such policies;
(C) shall advise the Deputy Secretary with respect to any policy or operation of the Bureau of Citizenship and Immigration Services that may affect the Bureau of Border Security of the Department, including potentially conflicting policies or operations;
(D) shall establish national immigration services policies and priorities;
(E) shall meet regularly with the Ombudsman described in [section 272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section272&num=0&edition=prelim) to correct serious service problems identified by the Ombudsman; and
(F) shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsman’s annual report to Congress within 3 months after its submission to Congress.
(4) **Managerial rotation program**
(A) *In general* — Not later than 1 year after the effective date specified in section 455,11 See R
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 278
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to—
(1) family-sponsored immigrants described in [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim) (or who are admitted under [section 1181(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1181/a&num=0&edition=prelim) on the basis of a prior issuance of a visa to their accompanying parent under [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;
(2) employment-based immigrants described in [section 1153(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/b&num=0&edition=prelim) (or who are admitted under [section 1181(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1181/a&num=0&edition=prelim) on the basis of a prior issuance of a visa to their accompanying parent under [section 1153(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/b&num=0&edition=prelim)), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarte
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1151
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