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8 U.S.C. § 1455 — Fiscal provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Attorney General shall charge, collect, and account for fees prescribed by the Attorney General pursuant to [section 9701 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9701&num=0&edition=prelim) for the following:
(1) Making, filing, and docketing an application for naturalization, including the hearing on such application, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the Attorney General.
(2) Receiving and filing a declaration of intention, and issuing a duplicate thereof.
**(b)** Notwithstanding the provisions of this chapter or any other law, no fee shall be charged or collected for an application for declaration of intention or a certificate of naturalization in lieu of a declaration or a certificate alleged to have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any time after April 20, 1898, and before July 5, 1902; or at any time after April 5, 1917, and before November 12, 1918; or who served on the Mexican border as a member of the Regular Army or National Guard between June 1916 and April 1917; or who has served or hereafter serves in the military, air, or naval forces of the United States after September 16, 1940, and who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever or refused to wear the uniform, or who was not at any time during such period or thereafter discharged from such military, air, or naval forces on account of alienage.
**(c)** Except as provided by [section 1356(q)(2) of this title](https://
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Stable record: federal_law:legal_authorities:record_usc_e1f92c12511c6cec06eb97a6
Source file: Laws/federal/codes/united-states-code/title-8/section-1455-fiscal-provisions--be10b69fa6.md
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Source location: Title 8, Chapter 12, § 1455; chapter-012-immigration-and-nationality.md
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**(a)** The Attorney General shall charge, collect, and account for fees prescribed by the Attorney General pursuant to [section 9701 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9701&num=0&edition=prelim) for the following:
(1) Making, filing, and docketing an application for naturalization, including the hearing on such application, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the Attorney General.
(2) Receiving and filing a declaration of intention, and issuing a duplicate thereof.
**(b)** Notwithstanding the provisions of this chapter or any other law, no fee shall be charged or collected for an application for declaration of intention or a certificate of naturalization in lieu of a declaration or a certificate alleged to have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any time after April 20, 1898, and before July 5, 1902; or at any time after April 5, 1917, and before November 12, 1918; or who served on the Mexican border as a member of the Regular Army or National Guard between June 1916 and April 1917; or who has served or hereafter serves in the military, air, or naval forces of the United States after September 16, 1940, and who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever or refused to wear the uniform, or who was not at any time during such period or thereafter discharged from such military, air, or naval forces on account of alienage.
**(c)** Except as provided by [section 1356(q)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1356/q/2&num=0&edition=prelim) or any other law, all fees collected by the Attorney General shall be deposited by the Attorney General in the Treasury of the United States except that all such fees collected or paid over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under [section 1356(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1356/m&num=0&edition=prelim): Provided, however, That all fees received by the Attorney General from applicants residing in the Virgin Islands of the United States, and in Guam, under this subchapter, shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively.
**(d)** During the time when the United States is at war the Attorney General may not charge or collect a naturalization fee from an alien in the military, air, or naval service of the United States for filing an application for naturalization or issuing a certificate of naturalization upon admission to citizenship.
**(e)** In addition to the other fees required by this subchapter, the applicant for naturalization shall, upon the filing of an application for naturalization, deposit with and pay to the Attorney General a sum of money sufficient to cover the expenses of subpenaing and paying the legal fees of any witnesses for whom such applicant may request a subpena, and upon the final discharge of such witnesses, they shall receive, if they demand the same from the Attorney General, the customary and usual witness fees from the moneys which the applicant shall have paid to the Attorney General for such purpose, and the residue, if any, shall be returned by the Attorney General to the applicant.
**(f)**
(1) The Attorney General shall pay over to courts administering oaths of allegiance to persons under this subchapter a specified percentage of all fees described in subsection (a)(1) collected by the Attorney General with respect to persons administered the oath of allegiance by the respective courts. The Attorney General, annually and in consultation with the courts, shall determine the specified percentage based on the proportion, of the total costs incurred by the Service and courts for essential services directly related to the naturalization process, which are incurred by courts.
(2) The Attorney General shall provide on an annual basis to the Committees on the Judiciary of the House of Representatives and of the Senate a detailed report on the use of the fees described in paragraph (1) and shall consult with such Committees before increasing such fees.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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) Detention, transportation, hospitalization, and all other expenses of detained aliens; expenses of landing stations** All moneys paid into the Treasury to reimburse the Service for detention, transportation, hospitalization, and all other expenses of detained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in [section 1223(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1223/b&num=0&edition=prelim) paid by the Service from the appropriation for the enforcement of this chapter, shall be credited to the appropriation for the enforcement of this chapter for the fiscal year in which the expenses were incurred.
**(b) Purchase of evidence** Moneys expended from appropriations for the Service for the purchase of evidence and subsequently recovered shall be reimbursed to the current appropriation for the Service.
**(c) Fees and administrative fines and penalties; exception** Except as otherwise provided in subsection (a) and subsection (b), or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1351&num=0&edition=prelim), shall be paid over to the Treasury of the Virgin Islands and to the Treasury of Guam, respectively.
**(d) Schedule of fees** In addition to any other fee authorized by law, the
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** It is the sense of Congress that each service or thing of value provided by an agency (except a mixed-ownership Government corporation) to a person (except a person on official business of the United States Government) is to be self-sustaining to the extent possible.
**(b)** The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be—
(1) fair; and
(2) based on—
(A) the costs to the Government;
(B) the value of the service or thing to the recipient;
(C) public policy or interest served; and
(D) other relevant facts.
**(c)** This section does not affect a law of the United States—
(1) prohibiting the determination and collection of charges and the disposition of those charges; and
(2) prescribing bases for determining charges, but a charge may be redetermined under this section consistent with the prescribed bases.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each district court may appoint a clerk who shall be subject to removal by the court.
**(b)** The clerk may appoint, with the approval of the court, necessary deputies, clerical assistants and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies, clerical assistants and employees shall be subject to removal by the clerk with the approval of the court.
**(c)** The clerk of each district court shall reside in the district for which he is appointed, except that the clerk of the district court for the District of Columbia and the Southern District of New York may reside within twenty miles thereof. The district court may designate places within the district for the offices of the clerk and his deputies, and their official stations.
**(d)** A clerk of a district court or his deputy or assistant shall not receive any compensation or emoluments through any office or position to which he is appointed by the court, other than that received as such clerk, deputy or assistant, whether from the United States or from private litigants.This subsection shall not apply to clerks or deputy clerks appointed as United States magistrate judges pursuant to [section 631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section631&num=0&edition=prelim).
**(e)** The clerk of each district court shall pay into the Treasury all fees, costs and other moneys collected by him, except naturalization fees listed in [section 742 of Title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section742&num=0&edition=prelim) and uncollected fees not required by Act of Congress to be prepaid.He shall make returns thereof to the Director of the Administrative Office
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
These sections, relating to naturalization, were in large degree affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former [section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section904&num=0&edition=prelim). See notes below for history of individual sections.
Sections 351 to 354, relating to Bureau of Naturalization, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 54 Stat. 1172. Sections 351 to 353 were from act June 29, 1906, ch. 3592, § 1, 34 Stat. 596, and section 354 was from act May 9, 1918, ch. 69, § 1, 40 Stat. 544. See [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1443&num=0&edition=prelim). See also section 1551 et seq. of this title for general provisions relating to Immigration and Naturalization Service.
Section 355, relating to reports of expenditures of Bureau of Naturalization, was repealed by act May 29, 1928, ch. 901, § 1, 45 Stat. 994. It was from act Mar. 4, 1909, ch. 299, § 1, 35 Stat. 982.
Sections 356 to 358a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. Section 356, relating to regulations for execution of naturalization laws and use of copies of papers in evidence, was from acts June 29, 1906, ch. 3592, § 28, 34 Stat. 606, and Mar. 2, 1929, ch. 536, § 8, 45 Stat. 1515; see [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 728, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 328, 54 Stat. 1151, related to registration of aliens. See sections 1230 and 1259 of this title.
Section 729, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 329, 54 Stat. 1152; Sept. 23, 1950, ch. 1024, title I, § 27, 64 Stat. 1015, related to certificate of arrival. See [section 1429 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1429&num=0&edition=prelim).
Section 730, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 330, 54 Stat. 1152, related to photographs. See [section 1444 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1444&num=0&edition=prelim).
Section 731, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 331, 54 Stat. 1153; May 31, 1947, ch. 87, § 1, 61 Stat. 121, related to declaration of intention. See [section 1445(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1445/f&num=0&edition=prelim).
Section 732, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 332, 54 Stat. 1154; May 31, 1947, ch. 87, § 2, 61 Stat. 122; June 25, 1948, ch. 656, 62 Stat. 1026, related to petition for naturalization. See section 1445(a)–(d) of this title.
Section 732a, act May 31, 1947, ch. 87, § 5, 61 Stat. 122, related to waiver of appearance or petition for naturalization. See [section 1445(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1445/e&num=0&edition=prelim).
Section 733, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 333, 54 Stat. 1156; Sept. 23, 1950, ch. 1024, title I, § 28(a), 64 Stat. 1016, related to hearings on petitions. See section 1446(a)–(e) of this title.
Section 734, a
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Federal law — U.S. Code and appendices · legal_authorities
Page 523
TITLE 8—ALIENS AND NATIONALITY
§ 1455
Editorial Notes
AMENDMENTS
1988—Pub. L. 100–525 redesignated subsecs. (b) to (e)
as (a) to (d), respectively, and struck out former subsec.
(a) which read as follows: ‘‘A person who claims to have
been naturalized in the United States under section 323
of the Nationality Act of 1940 may make application to
the Attorney General for a certificate of naturaliza-
tion. Upon proof to the satisfaction of the Attorney
General that the applicant is a citizen and that he has
been naturalized as claimed in the application, such in-
dividual shall be furnished a certificate of naturaliza-
tion by the Attorney General, but only if the applicant
is at the time within the United States.’’
Statutory Notes and Related Subsidiaries
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.
§ 1455. Fiscal provisions
(a) The Attorney General shall charge, collect,
and account for fees prescribed by the Attorney
General pursuant to section 9701 of title 31 for
the following:
(1) Making, filing, and docketing an applica-
tion for naturalization, including the hearing
on such application, if such hearing be held,
and a certificate of naturalization, if the
issuance of such certificate is authorized by
the Attorney General.
(2) Receiving and filing a declaration of in-
tention, and issuing a duplicate thereof.
(b) Notwithstanding the provisions of this
chapter or any other law, no fee shall be charged
or collected for an application for declaration of
intention or a certificate of naturalization in
lieu of a declaration or a certifi
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