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8 U.S.C. § 1443a — Naturalization proceedings overseas for members of the Armed Forces and their spouses and children
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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Source location: Title 8, Chapter 12, § 1443a; chapter-012-immigration-and-nationality.md
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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)** 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
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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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Federal law — U.S. Code and appendices · legal_authorities
The following shall be nationals and citizens of the United States at birth:
**(a)** a person born in the United States, and subject to the jurisdiction thereof;
**(b)** a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
**(c)** a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
**(d)** a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
**(e)** a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
**(f)** a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
**(g)** a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) 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 person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
**(b)** Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the Uni
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application by citizen parents; requirements** A parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under [section 1431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1431&num=0&edition=prelim). The Attorney General shall issue a certificate of citizenship to such applicant upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:
(1) At least one parent (or, at the time of his or her death, was) is 11 So in original. The word “is” probably should appear after “parent”. a citizen of the United States, whether by birth or naturalization.
(2) The United States citizen parent—
(A) has (or, at the time of his or her death, had) been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or
(B) has (or, at the time of his or her death, had) a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.
(3) The child is under the age of eighteen years.
(4) The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application).
(5) The child is temporarily present in the United States pursuant to a lawful admis
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Federal law — U.S. Code and appendices · legal_authorities
Page 480
TITLE 8—ALIENS AND NATIONALITY
§ 1382
§ 1382. Acceptance and administration of gifts for
immigration integration grants program
The Director of U.S. Citizenship and Immigra-
tion Services is authorized in fiscal year 2017,
and in each fiscal year thereafter, to solicit, ac-
cept, administer, and utilize gifts, including do-
nations of property, for the purpose of providing
an immigrant integration grants program and
related activities to promote citizenship and im-
migrant integration: Provided, That all sums re-
ceived under this subsection shall be deposited
in a separate account in the general fund of the
Treasury to be known as the ‘‘Citizenship Gift
and Bequest Account’’: Provided further, That all
funds deposited into the Citizenship Gift and Be-
quest Account shall remain available until ex-
pended, and shall be available in addition to any
funds appropriated or otherwise made available
for an immigrant integration grants program or
other activities to promote citizenship and im-
migrant integration.
(Pub. L. 115–31, div. F, title IV, § 404(c), May 5,
2017, 131 Stat. 422.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Department of
Homeland Security Appropriations Act, 2017, and also
as part of the Consolidated Appropriations Act, 2017,
and not as part of the Immigration and Nationality Act
which comprises this chapter.
SUBCHAPTER III—NATIONALITY AND
NATURALIZATION
PART I—NATIONALITY AT BIRTH AND COLLECTIVE
NATURALIZATION
§ 1401. Nationals and citizens of United States at
birth
The following shall be nationals and citizens
of the United States at birth:
(a) a person born in the United States, and
subject to the jurisdiction thereof;
(b) a person born in the United States to a
member of an Indian, Eskimo, Al
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
Page 495
TITLE 8—ALIENS AND NATIONALITY
§ 1430
reference to exception provided in sections 1438 and 1439
of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective, with certain
transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104–208, set out as a note
under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
§ 1430. Married persons and employees of certain
nonprofit organizations
(a) Any person whose spouse is a citizen of the
United States, or any person who obtained sta-
tus as a lawful permanent resident by reason of
his or her status as a spouse or child of a United
States citizen who battered him or her or sub-
jected him or her to extreme cruelty, may be
naturalized upon compliance with all the re-
quirements of this subchapter except the provi-
sions of paragraph (1) of section 1427(a) of this
title if such person immediately preceding the
date of filing his application for naturalization
has resided continuously, after being lawfully
admitted for permanent residence, within the
United States for at least three years, and dur-
ing the three years immediately preceding the
date of filing his application has been living in
marital union with the citizen spouse (except in
the case of a person who has been battered or
subjected to extreme cruelty by a United States
citizen spouse or parent), who has been a United
States citizen during all of such period, and ha
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1430
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Federal law — U.S. Code and appendices · legal_authorities
Page 511
TITLE 8—ALIENS AND NATIONALITY
§ 1444
the recommendation of the Attorney General, to
provide quarters, without payment of rent, in
any building occupied by the Service, for a pho-
tographic studio, operated by welfare organiza-
tions without profit and solely for the benefit of
persons seeking to comply with requirements
under the immigration and nationality laws.
Such studio shall be under the supervision of the
Attorney General.
(h) Public education regarding naturalization
benefits
In order to promote the opportunities and re-
sponsibilities of United States citizenship, the
Attorney General shall broadly distribute infor-
mation concerning the benefits which persons
may receive under this subchapter and the re-
quirements to obtain such benefits. In carrying
out this subsection, the Attorney General shall
seek the assistance of appropriate community
groups, private voluntary agencies, and other
relevant organizations. There are authorized to
be appropriated (for each fiscal year beginning
with fiscal year 1991) such sums as may be nec-
essary to carry out this subsection.
(June 27, 1952, ch. 477, title III, ch. 2, § 332, 66
Stat. 252; Pub. L. 101–649, title IV, §§ 406,
407(d)(10), Nov. 29, 1990, 104 Stat. 5040, 5042; Pub.
L. 102–232, title III, § 305(m)(6), Dec. 12, 1991, 105
Stat. 1750.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (f), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
AMENDMENTS
1991—Subsec. (a). Pub. L. 102–232 substituted ‘‘ap
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1443a
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