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

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

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

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Stable record: federal_law:legal_authorities:record_usc_d31477bf630f4fc3d2c32615
Source file: Laws/federal/codes/united-states-code/title-8/section-1421-naturalization-authority--71c9d1b79c.md
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Source location: Title 8, Chapter 12, § 1421; chapter-012-immigration-and-nationality.md

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**(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 General— (I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary 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), and (II) shall promptly forward to the court a certificate of naturalization (prepared by the Attorney General). (B) *Assignment of individuals in the case of exclusive authority* — If an eligible court has provided notice under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time of the approval of the person’s application for naturalization, of— (i) the court’s 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 such a person during the period specified in paragraph (3)(A)(i), and (ii) the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies. If more than one eligible court in an area has provided notice under paragraph (1)(B), the Attorney General shall permit the person, at the time of the approval, to choose the court to which the information will be forwarded for administration of the oath of allegiance under this section. (3) **Scope of exclusive authority** (A) *Limited period and advance notice required* — The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person— (i) only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and (ii) only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies. (B) *Authority of Attorney General* — Subject to subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a) during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible court under this subsection with respect to that person. (C) *Waiver of exclusive authority* — Notwithstanding the previous provisions of this paragraph, a court may waive 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 a person under this subsection if the Attorney General has not provided the court with the certification described in subparagraph (A)(i) within a reasonable time before the date scheduled by the court for oath administration ceremonies. Upon notification of a court’s waiver of jurisdiction, the Attorney General shall promptly notify the applicant. (4) **Issuance of certificates** — The Attorney General shall provide for the issuance of certificates of naturalization at the time of administration of the oath of allegiance. (5) **Eligible courts** — For purposes of this section, the term “eligible court” means— (A) a district court of the United States in any State, or (B) any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited. **(c) Judicial review** A person whose application for naturalization under this subchapter is denied, after a hearing before an immigration officer under [section 1447(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1447/a&num=0&edition=prelim), may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application. **(d) Sole procedure** A person may only be naturalized as a citizen of the United States in the manner and under the conditions prescribed in this subchapter and not otherwise.

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

28 U.S.C. § 91 — Hawaii

Hawaii constitutes one judicial district which includes the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island: Provided, That the inclusion of Canton and Enderbury Islands in such judicial district shall in no way be construed to be prejudicial to the claims of the United Kingdom to said Islands in accordance with the agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common.

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

8 U.S.C. § 1459 — Repealed. Pub. L. 101–649, title IV, § 407(d)(20), Nov. 29, 1990, 104 Stat. 5046

### Statutory Notes Section, acts June 27, 1952, ch. 477, title III, ch. 2, § 348, 66 Stat. 267; Oct. 24, 1988, Pub. L. 100–525, § 9(gg), 102 Stat. 2622, related to admissibility in evidence of statements voluntarily made to officers and employees in course of their official duties and penalties for failure of clerk of court to perform duties.

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

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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18 U.S.C. § 1429 — Penalties for neglect or refusal to answer subpena

Any person who has been subpenaed under the provisions of subsection (d) of section 336 of the Immigration and Nationality Act to appear at the final hearing of an application for naturalization, and who shall neglect or refuse to so appear and to testify, if in the power of such person to do so, shall be fined under this title or imprisoned not more than five years, or both.

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

8 U.S.C. § 1101 — Definitions

**(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

8 U.S.C. § 1440 — Naturalization through active-duty service in the Armed Forces during World War I, World War II, Korean hostilities, Vietnam hostilities, or other periods of military hostilities

**(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

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

8 U.S.C. § 1426 — Citizenship denied alien relieved of service in Armed Forces because of alienage

**(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

8 U.S.C. § 1450 — Functions and duties of clerks and records of declarations of intention and applications for naturalization

**(a)** The clerk of each court that administers oaths of allegiance under [section 1448 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448&num=0&edition=prelim) shall— (1) deliver to each person administered the oath of allegiance by the court pursuant to [section 1448(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/a&num=0&edition=prelim) the certificate of naturalization prepared by the Attorney General pursuant to [section 1421(b)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1421/b/2/A/ii&num=0&edition=prelim), (2) forward to the Attorney General a list of applicants actually taking the oath at each scheduled ceremony and information concerning each person to whom such an oath is administered by the court, within 30 days after the close of the month in which the oath was administered, (3) forward to the Attorney General certified copies of such other proceedings and orders instituted in or issued out of the court affecting or relating to the naturalization of persons as may be required from time to time by the Attorney General, and (4) be responsible for all blank certificates of naturalization received by them from time to time from the Attorney General and shall account to the Attorney General for them whenever required to do so. No certificate of naturalization received by any clerk of court which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificates shall be returned to the Attorney General. **(b)** Each district office of the Service in the United States shall maintain, in chronological order, indexed, and consecutively numbered,

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

28 U.S.C. § 81A — Alaska

Alaska constitutes one judicial district.

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8 U.S.C. § 1446 — Investigation of applicants; examination of applications

**(a) Waiver** Before a person may be naturalized, an employee of the Service, or of the United States designated by the Attorney General, shall conduct a personal investigation of the person applying for naturalization in the vicinity or vicinities in which such person has maintained his actual place of abode and in the vicinity or vicinities in which such person has been employed or has engaged in business or work for at least five years immediately preceding the filing of his application for naturalization. The Attorney General may, in his discretion, waive a personal investigation in an individual case or in such cases or classes of cases as may be designated by him. **(b) Conduct of examinations; authority of designees; record** The Attorney General shall designate employees of the Service to conduct examinations upon applications for naturalization. For such purposes any such employee so designated is authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any applicant for naturalization, to administer oaths, including the oath of the applicant for naturalization, and to require by subpena the attendance and testimony of witnesses, including applicant, before such employee so designated and the production of relevant books, papers, and documents, and to that end may invoke the aid of any district court of the United States; and any such court may, in the event of neglect or refusal to respond to a subpena issued by any such employee so designated or refusal to testify before such employee so designated issue an order requiring such person to appear before such employee so designated, produce relevant books, papers, and documents if demanded, and testify; and any failure to obey such order of the court may be punis

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