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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

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

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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Source location: Title 8, Chapter 12, § 1423; chapter-012-immigration-and-nationality.md

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**(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 subsection (a)(2) with respect 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), is over sixty-five 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.

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

8 U.S.C. § 1445 — Application for naturalization; declaration of intention

**(a) Evidence and form** An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant’s own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant’s naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement. **(b) Who may file** No person shall file a valid application for naturalization unless he shall have attained the age of eighteen years. An application for naturalization by an alien shall contain an averment of lawful admission for permanent residence. **(c) Hearings** Hearings under [section 1447(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1447/a&num=0&edition=prelim) on applications for naturalization shall be held at regular intervals specified by the Attorney General. **(d) Filing of application** Except as provided in subsection (e), an application for naturalization shall be filed in the office of the Attorney General. **(e) Substitute filing place and administering oath other than before Attorney General** A person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the

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

8 U.S.C. § 1157 — Annual admission of refugees and admission of emergency situation refugees

**(a) Maximum number of admissions; increases for humanitarian concerns; allocations** (1) Except as provided in subsection (b), the number of refugees who may be admitted under this section in fiscal year 1980, 1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as defined in subsection (e)), that admission of a specific number of refugees in excess of such number is justified by humanitarian concerns or is otherwise in the national interest. (2) Except as provided in subsection (b), the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest. (3) Admissions under this subsection shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation. (4) In the determination made under this subsection for each fiscal year (beginning with fiscal year 1992), the President shall enumerate, with the respective number of refugees so determined, the number of aliens who were granted asylum in the previous year. **(b) Determinations by President respecting number of admissions for humanitarian concerns** If the President determines, after appropriate consultation, that (1) an unforeseen emergency refugee situation exists, (2) the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and (3) the admission to the United

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

38 U.S.C. § 2402 — Persons eligible for interment in national cemeteries

**(a)** Under such regulations as the Secretary may prescribe and subject to the provisions of [section 6105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section6105&num=0&edition=prelim), the remains of the following persons may be buried in any open national cemetery under the control of the National Cemetery Administration: (1) Any veteran (which for the purposes of this chapter includes a person who died in the active military, naval, air, or space service). (2) Any member of a Reserve component of the Armed Forces, any member of the Space Force, and any member of the Army National Guard or the Air National Guard, whose death occurs under honorable conditions while such member is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while such member is performing active duty for training, inactive duty training, or undergoing that hospitalization or treatment at the expense of the United States. (3) Any member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while such member is— (A) attending an authorized training camp or on an authorized practice cruise; (B) performing authorized travel to or from that camp or cruise; or (C) hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while such member is— (i) attending that camp or on that cruise; (ii) performing that travel; or (iii) undergoing that hospitalization or treatment at the expense of the United States. (4) Any citizen of the United States who, during any war in which the United States is o

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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

### 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://us

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

8 U.S.C. § 1423 — Requirements as to understanding the

Page 487 TITLE 8—ALIENS AND NATIONALITY § 1423 title [amending this section and sections 1448, 1450, and 1455 of this title] shall take effect 30 days after the date of the enactment of this Act [Dec. 12, 1991].’’ Amendment by section 305(a) of Pub. L. 102–232 effec- tive as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1990 AMENDMENT; SAVINGS PROVISION Pub. L. 101–649, title IV, § 408, Nov. 29, 1990, 104 Stat. 5047, as amended by Pub. L. 102–232, title III, § 305(n), Dec. 12, 1991, 105 Stat. 1750, provided that: ‘‘(a) EFFECTIVE DATE.— ‘‘(1) NO NEW COURT PETITIONS AFTER EFFECTIVE DATE.—No court shall have jurisdiction, under section 310(a) of the Immigration and Nationality Act [8 U.S.C. 1421(a)], to naturalize a person unless a peti- tion for naturalization with respect to that person has been filed with the court before October 1, 1991. ‘‘(2) TREATMENT OF CURRENT COURT PETITIONS.— ‘‘(A) CONTINUATION OF CURRENT RULES.—Except as provided in subparagraph (B), any petition for natu- ralization which may be pending in a court on Octo- ber 1, 1991, shall be heard and determined in accord- ance with the requirements of law in effect when the petition was filed. ‘‘(B) PERMITTING WITHDRAWAL AND CONSIDERATION OF APPLICATION UNDER NEW RULES.—In the case of any petition for naturalization which may be pend- ing in any court on January 1, 1992, the petitioner may withdraw such petition and have the peti- tioner’s application for naturalization considered under the amendments made by this title [amend- ing this section, sections 1101, 1423, 1424, 1426 to 1430, 1433, 1435 to 1440, 1441 to 1451, and 1455 of this title, an

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