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8 U.S.C. § 701 to 724a — Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(40), (42), 66 Stat. 279, 280, eff. Dec. 24, 1952

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

8 U.S.C. § 701 to 724a — Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(40), (42), 66 Stat. 279, 280, eff. Dec. 24, 1952

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Source file: Laws/federal/codes/united-states-code/title-8/section-701-to-724a-8-u-s-c-701-to-724a-repealed-june-27-1952-ch-477-title-iv-403-a-40-42-66--94411c7ed8.md
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Source location: Title 8, Chapter 11, § 701 to 724a; chapter-011-nationality.md

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### Statutory Notes Section 701, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 301, 54 Stat. 1140, related to jurisdiction to naturalize. See [section 1421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1421&num=0&edition=prelim). Section 702, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 302, 54 Stat. 1140, related to sex or marriage, as affecting eligibility for naturalization. See [section 1422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1422&num=0&edition=prelim). Section 703, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 303, 54 Stat. 1140; Dec. 17, 1943, ch. 344, § 3, 57 Stat. 601; July 2, 1946, ch. 534, § 1, 60 Stat. 416; Aug. 1, 1950, ch. 512, § 4(b), 64 Stat. 385, related to races affecting eligibility. See [section 1422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1422&num=0&edition=prelim). Section 704, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 304, 54 Stat. 1140; Sept. 23, 1950, ch. 1024, title I, § 30, 64 Stat. 1018, related to language, history and principles of government affecting eligibility. See [section 1423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1423&num=0&edition=prelim). Section 705, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 305, 54 Stat. 1141; Sept. 23, 1950, ch. 1024, title I, § 25, 64 Stat. 1013, related to exclusion from naturalization. See sections 1424(a)–(c), 1427(f), and 1451(c) of this title. Section 706, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 306, 54 Stat. 1141, related to desertion from the armed forces or evasion of draft as affecting eligibility. See [section 1425 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1425&num=0&edition=prelim). Section 707, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 307, 54 Stat. 1142, related to residence as affecting eligibility. See sections 1427(a)–(c) and 1441(a)(2) of this title. Section 708, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 308, 54 Stat. 1143, related to temporary absence of clergyman as affecting eligibility. See [section 1428 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1428&num=0&edition=prelim). Section 709, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 309, 54 Stat. 1143, related to requirements as to proof of eligibility. See sections 1446(f)–(h) and 1447(e) of this title. Section 710, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 310, 54 Stat. 1144, related to married persons being excepted from certain requirements. See [section 1430(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1430/a&num=0&edition=prelim). Section 711, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 311, 54 Stat. 1145, related to spouse of United States citizen residing in United States, in marital union prior to petition. See [section 1430(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1430/a&num=0&edition=prelim). Section 712, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 312, 54 Stat. 1145, related to alien whose spouse is United States citizen regularly stationed abroad by United States employer. See [section 1430(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1430/b&num=0&edition=prelim). Section 713, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 313, 54 Stat. 1145, related to children born outside United States, one parent a continuous United States citizen and the other an alien subsequently naturalized. See [section 1431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1431&num=0&edition=prelim). Section 714, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 314, 54 Stat. 1145, related to children born outside United States, both parents aliens, or one an alien and the other a citizen subsequently losing citizenship. Section 715, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 315, 54 Stat. 1146, related to children born of one parent a United States citizen. See [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1433&num=0&edition=prelim). Section 716, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 316, 54 Stat. 1146, related to children adopted by United States citizens. See [section 1434(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1434/a&num=0&edition=prelim). Section 717, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 317, 54 Stat. 1146, related to former citizens being excepted from certain requirements. See sections 1435(a), (c) and 1482 of this title. Sections 718 to 720, act Oct. 14, 1940, ch. 876, title I, subchap. III, §§ 318–320, 54 Stat. 1147, 1148, related respectively to citizenship lost by parent’s expatriation, minor child’s citizenship lost through cancellation of parent’s naturalization and the exception from certain requirements of persons misinformed of citizenship status. Sections 718 and 719 are covered by sections 1482 and 1451(f), respectively, of this title. Section 720a, act July 2, 1940, ch. 512, §§ 1, 2, 54 Stat. 715, related to aliens spending childhood in United States as excepted from certain requirements. Section 721, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 321, 54 Stat. 1148, related to nationals but not citizens of the United States. See [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1436&num=0&edition=prelim). Section 721a, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 321a, as added July 2, 1946, ch. 534, § 2, 60 Stat. 417, related to resident Filipinos excepted from certain requirements. See [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1437&num=0&edition=prelim). Section 722, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 322, 54 Stat. 1148, related to persons born in Puerto Rico of alien parents. See [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1402&num=0&edition=prelim). Section 723, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 323, 54 Stat. 1149; Apr. 2, 1942, ch. 208, 56 Stat. 198; Aug. 7, 1946, ch. 769, 60 Stat. 865; Aug. 16, 1951, ch. 321, § 2, 65 Stat. 191, related to former United States citizens losing citizenship by entering armed forces of nonenemy countries during World Wars I and II. See [section 1438(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1438/a&num=0&edition=prelim). Section 723a, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 323a, as added Dec. 7, 1942, ch. 690, 56 Stat. 1041, related to naturalization of persons serving in the armed forces of United States during World War I and earlier wars. See [section 1440(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1440/a&num=0&edition=prelim). Section 724, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 324, 54 Stat. 1149; July 2, 1946, ch. 534, § 3, 60 Stat. 417, related to persons serving in the armed forces of the United States. See [section 1439 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1439&num=0&edition=prelim). Section 724a, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 324a, as added June 1, 1948, ch. 360, § 1, 62 Stat. 282; amended June 29, 1949, ch. 274, 63 Stat. 282, related to persons serving on active duty in armed forces of United States during World Wars I and II. See section 1440(a)–(c) of this title.

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

8 U.S.C. § 1437 — Resident Philippine citizens excepted from certain requirements

Any person who (1) was a citizen of the Commonwealth of the Philippines on July 2, 1946, (2) entered the United States prior to May 1, 1934, and (3) has, since such entry, resided continuously in the United States shall be regarded as having been lawfully admitted to the United States for permanent residence for the purpose of applying for naturalization under this subchapter.

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8 U.S.C. § 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, deserted 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 martial or a court of competent jurisdiction, be permanently 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.

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8 U.S.C. § 1433 — Children born and residing outside the United States; conditions for acquiring certificate of citizenship

**(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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8 U.S.C. § 1422 — Eligibility for naturalization

The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of race or sex or because such person is married.

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8 U.S.C. § 1431 — Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired

**(a) In general** A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled: (1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. (2) The child is under the age of eighteen years. (3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. **(b) Adoption** Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under [section 1101(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/b/1&num=0&edition=prelim). **(c) Children of military and Federal Government personnel residing abroad** Subsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if— (1) the child is residing in the legal and physical custody of a citizen parent who is— (A) stationed and residing abroad as an employee of the Government of the United States; or (B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or (2) the child is— (A) residing in the legal and physical custody of a citizen parent who is— (i) stationed and residing abroad as a member of the Armed Forces of the United States; or (ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the member’s official orders, and is so accompanying and residing abroad with the member in marital union; and (B) authorized to accompany such member and

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8 U.S.C. § 1402 — Persons born in Puerto Rico on or after April 11, 1899

All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth.

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8 U.S.C. § 1439 — Naturalization through service in the armed forces

**(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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8 U.S.C. § 1428 — Temporary absence of persons performing religious duties

Any person who is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or any person who is engaged solely by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States as a missionary, brother, nun, or sister, who (1) has been lawfully admitted to the United States for permanent residence, (2) has at any time thereafter and before filing an application for naturalization been physically present and residing within the United States for an uninterrupted period of at least one year, and (3) has heretofore been or may hereafter be absent temporarily from the United States in connection with or for the purpose of performing the ministerial or priestly functions of such religious denomination, or serving as a missionary, brother, nun, or sister, shall be considered as being physically present and residing in the United States for the purpose of naturalization 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), notwithstanding any such absence from the United States, if he shall in all other respects comply with the requirements of the naturalization law. Such person shall prove to the satisfaction of the Attorney General that his absence from the United States has been solely for the purpose of performing the ministerial or priestly functions of such religious denomination, or of serving as a missionary, brother, nun, or sister.

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

8 U.S.C. § 1421 — Naturalization authority

**(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

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8 U.S.C. § 1423 — Requirements as to understanding the English language, history, principles and form of government of the United States

**(a)** No person except as otherwise provided in this subchapter shall hereafter be naturalized as a citizen of the United States upon his own application who cannot demonstrate— (1) an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language: Provided, That the requirements of this paragraph relating to ability to read and write shall be met if the applicant can read or write simple words and phrases to the end that a reasonable test of his literacy shall be made and that no extraordinary or unreasonable condition shall be imposed upon the applicant; and (2) a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States. **(b)** (1) The requirements of subsection (a) shall not apply to any person who is unable because of physical or developmental disability or mental impairment to comply therewith. (2) The requirement of subsection (a)(1) shall not apply to any person who, on the date of the filing of the person’s application for naturalization as provided in [section 1445 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1445&num=0&edition=prelim), either— (A) is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, or (B) is over fifty-five years of age and has been living in the United States for periods totaling at least fifteen years subsequent to a lawful admission for permanent residence. (3) The Attorney General, pursuant to regulations, shall provide for special consideration, as determined by the Attorney General, concerning the requirement of subsectio

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