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8 U.S.C. § 1426 — Citizenship denied alien relieved of service in Armed Forces because of alienage
Federal law — U.S. Code and appendices · legal_authorities
**(a) Permanent ineligibility** Notwithstanding the provisions of section 405(b) 11 See References in Text note below. but subject to subsection (c), any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces or in the National Security Training Corps of the United States on the ground that he is an alien, and is or was relieved or discharged from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States.
**(b) Conclusiveness of records** The records of the Selective Service System or of the Department of Defense shall be conclusive as to whether an alien was relieved or discharged from such liability for training or service because he was an alien.
**(c) Service in armed forces of foreign country** An alien shall not be ineligible for citizenship under this section or otherwise because of an exemption from training or service in the Armed Forces of the United States pursuant to the exercise of rights under a treaty, if before the time of the exercise of such rights the alien served in the Armed Forces of a foreign country of which the alien was a national.
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Source file: Laws/federal/codes/united-states-code/title-8/section-1426-citizenship-denied-alien-relieved-of-service-in-armed-forces-because-of--8ccee2da38.md
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Source location: Title 8, Chapter 12, § 1426; chapter-012-immigration-and-nationality.md
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**(a) Permanent ineligibility** Notwithstanding the provisions of section 405(b) 11 See References in Text note below. but subject to subsection (c), any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces or in the National Security Training Corps of the United States on the ground that he is an alien, and is or was relieved or discharged from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States.
**(b) Conclusiveness of records** The records of the Selective Service System or of the Department of Defense shall be conclusive as to whether an alien was relieved or discharged from such liability for training or service because he was an alien.
**(c) Service in armed forces of foreign country** An alien shall not be ineligible for citizenship under this section or otherwise because of an exemption from training or service in the Armed Forces of the United States pursuant to the exercise of rights under a treaty, if before the time of the exercise of such rights the alien served in the Armed Forces of a foreign country of which the alien was a national.
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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
**(a) Authority in Attorney General** The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General.
**(b) Court authority to administer oaths**
(1) **Jurisdiction** — Subject to [section 1448(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/c&num=0&edition=prelim)—
(A) *General jurisdiction* — Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under [section 1448(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/a&num=0&edition=prelim) administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligible court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court.
(B) *Exclusive authority* — An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under [section 1448(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/a&num=0&edition=prelim) to persons residing within the jurisdiction of the court during the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to such persons during such period.
(2) **Information**
(A) *General information* — In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General—
(i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and
(ii) the Attorney Gener
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
Page 491
TITLE 8—ALIENS AND NATIONALITY
§ 1427
1 See References in Text note below.
§ 1425. Ineligibility to naturalization of deserters
from the Armed Forces
A person who, at any time during which the
United States has been or shall be at war, de-
serted or shall desert the military, air, or naval
forces of the United States, or who, having been
duly enrolled, departed, or shall depart from the
jurisdiction of the district in which enrolled, or
who, whether or not having been duly enrolled,
went or shall go beyond the limits of the United
States, with intent to avoid any draft into the
military, air, or naval service, lawfully ordered,
shall, upon conviction thereof by a court mar-
tial or a court of competent jurisdiction, be per-
manently ineligible to become a citizen of the
United States; and such deserters and evaders
shall be forever incapable of holding any office
of trust or of profit under the United States, or
of exercising any rights of citizens thereof.
(June 27, 1952, ch. 477, title III, ch. 2, § 314, 66
Stat. 241.)
§ 1426. Citizenship denied alien relieved of serv-
ice in Armed Forces because of alienage
(a) Permanent ineligibility
Notwithstanding the provisions of section
405(b) 1 but subject to subsection (c), any alien
who applies or has applied for exemption or dis-
charge from training or service in the Armed
Forces or in the National Security Training
Corps of the United States on the ground that he
is an alien, and is or was relieved or discharged
from such training or service on such ground,
shall be permanently ineligible to become a cit-
izen of the United States.
(b) Conclusiveness of records
The records of the Selective Service System or
of the Department of Defense shall be conclusive
as to whether an alien was
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1426
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