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8 U.S.C. § 1441 — Constructive residence through service on certain United States vessels
Federal law — U.S. Code and appendices · legal_authorities
Any periods of time during all of which a person 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1427/a&num=0&edition=prelim), 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 executive departments or agency having custody of the records of such service. Service on vessels described in clause (B) of this section may be proved by certificates from the masters of such vessels.
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Stable record: federal_law:legal_authorities:record_usc_a928505de671673d2e13c187
Source file: Laws/federal/codes/united-states-code/title-8/section-1441-constructive-residence-through-service-on-certain-united-states-vessels--c63278b95c.md
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Source location: Title 8, Chapter 12, § 1441; chapter-012-immigration-and-nationality.md
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Any periods of time during all of which a person 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1427/a&num=0&edition=prelim), 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 executive departments or agency having custody of the records of such service. Service on vessels described in clause (B) of this section may be proved by certificates from the masters of such vessels.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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.
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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
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1441
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