8 U.S.C. § 1443 — Administration

Page 510 TITLE 8—ALIENS AND NATIONALITY § 1443 tion for naturalization pending at the beginning of the state of war, except such alien enemy from the classification of alien enemy for the purposes of this subchapter, and thereupon such alien shall have the privilege of filing an appli- cation for naturalization. (d) Effect of cessation of hostilities An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war shall cease to be an alien enemy within the meaning of this section upon the determination by proc- lamation of the President, or by concurrent res- olution of the Congress, that hostilities between the United States and such country, state, or sovereignty have ended. (e) Apprehension and removal Nothing contained herein shall be taken or construed to interfere with or prevent the appre- hension and removal, consistent with law, of any alien enemy at any time prior to the actual naturalization of such alien. (June 27, 1952, ch. 477, title III, ch. 2, § 331, 66 Stat. 252; Pub. L. 101–649, title IV, § 407(c)(13), (d)(9), (e)(2), Nov. 29, 1990, 104 Stat. 5041, 5042, 5046.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–649, § 407(c)(13), sub- stituted references to applicant and application for ref- erences to petitioner and petition wherever appearing. Subsec. (b). Pub. L. 101–649, § 407(d)(9), substituted ‘‘considered or heard except after 90 days’ notice to the Attorney General to be considered at the examination or hearing, and the Attorney General’s objection to such consideration shall cause the application to be continued’’ for ‘‘called for a hearing, or heard, except after ninety days’ notice given by the clerk of the court to the Attorney General to be represented at the hear- ing, and the Attorney General’s objection to such final hearing shall cause the petition to be continued’’. Pub. L. 101–649, § 407(c)(13), substituted ‘‘application’’ for ‘‘petition’’ after ‘‘have his’’. Subsec. (c). Pub. L. 101–649, § 407(c)(13), substituted ‘‘an application’’ for ‘‘a petition’’ wherever appearing. Subsec. (d). Pub. L. 101–649, § 407(e)(2), struck out at end ‘‘Notwithstanding the provisions of section 405(b) of this Act, this subsection shall also apply to the case of any such alien whose petition for naturalization was filed prior to the effective date of this chapter and which is still pending on that date.’’ 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. § 1443. Administration (a) Rules and regulations governing examination of applicants The Attorney General shall make such rules and regulations as may be necessary to carry into effect the provisions of this part and is au- thorized to prescribe the scope and nature of the examination of applicants for naturalization as to their admissibility to citizenship. Such exam- ination shall be limited to inquiry concerning the applicant’s residence, physical presence in the United States, good moral character, under- standing of and attachment to the fundamental principles of the Constitution of the United States, ability to read, write, and speak English, and other qualifications to become a naturalized citizen as required by law, and shall be uniform throughout the United States. (b) Instruction in citizenship The Attorney General is authorized to pro- mote instruction and training in citizenship re- sponsibilities of applicants for naturalization in- cluding the sending of names of candidates for naturalization to the public schools, preparing and distributing citizenship textbooks to such candidates as are receiving instruction in prepa- ration for citizenship within or under the super- vision of the public schools, preparing and dis- tributing monthly an immigration and natu- ralization bulletin and securing the aid of and cooperating with official State and national or- ganizations, including those concerned with vo- cational education. (c) Prescription of forms The Attorney General shall prescribe and fur- nish such forms as may be required to give ef- fect to the provisions of this part, and only such forms as may be so provided shall be legal. All certificates of naturalization and of citizenship shall be printed on safety paper and shall be consecutively numbered in separate series. (d) Administration of oaths and depositions Employees of the Service may be designated by the Attorney General to administer oaths and to take depositions without charge in mat- ters relating to the administration of the natu- ralization and citizenship laws. In cases where there is a likelihood of unusual delay or of hard- ship, the Attorney General may, in his discre- tion, authorize such depositions to be taken be- fore a postmaster without charge, or before a notary public or other person authorized to ad- minister oaths for general purposes. (e) Issuance of certificate of naturalization or citizenship A certificate of naturalization or of citizen- ship issued by the Attorney General under the authority of this subchapter shall have the same effect in all courts, tribunals, and public offices of the United States, at home and abroad, of the District of Columbia, and of each State, Terri- tory, and outlying possession of the United States, as a certificate of naturalization or of citizenship issued by a court having naturaliza- tion jurisdiction. (f) Copies of records Certifications and certified copies of all pa- pers, documents, certificates, and records re- quired or authorized to be issued, used, filed, re- corded, or kept under any and all provisions of this chapter shall be admitted in evidence equal- ly with the originals in any and all cases and proceedings under this chapter and in all cases and proceedings in which the originals thereof might be admissible as evidence. (g) Furnished quarters for photographic studios The officers in charge of property owned or leased by the Government are authorized, upon 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 ‘‘appli- cants’’ for ‘‘petitioners’’ in first sentence. 1990—Subsec. (a). Pub. L. 101–649, § 407(d)(10), struck out ‘‘for the purpose of making appropriate rec- ommendations to the naturalization courts’’ before pe- riod at end of first sentence and struck out second sen- tence which read as follows: ‘‘Such examination, in the discretion of the Attorney General, and under such rules and regulations as may be prescribed by him, may be conducted before or after the applicant has filed his petition for naturalization.’’ Subsec. (h). Pub. L. 101–649, § 406, added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by sec- tion 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649. 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. § 1443a. Naturalization proceedings overseas for members of the Armed Forces and their spouses and children Notwithstanding any other provision of law, the Secretary of Homeland Security, the Sec- retary 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 Nation- ality Act (8 U.S.C. 1401 et seq.) relating to natu- ralization of members of the Armed Forces, and persons made eligible for naturalization by sec- tion 319(e) or 322(d) of such Act [8 U.S.C. 1430(e), 1433(d)], are available through United States em- bassies, consulates, and as practicable, United States military installations overseas. (Pub. L. 108–136, div. A, title XVII, § 1701(d), Nov. 24, 2003, 117 Stat. 1692; Pub. L. 110–181, div. A, title VI, § 674(c), Jan. 28, 2008, 122 Stat. 186.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163. Title III of the Act is classified principally to subchapter III (§ 1401 et seq.) of this chapter. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Immigration and Nationality Act which com- prises this chapter. AMENDMENTS 2008—Pub. L. 110–181 inserted ‘‘and their spouses and children’’ after ‘‘Armed Forces’’ in section catchline and ‘‘, and persons made eligible for naturalization by section 319(e) or 322(d) of such Act,’’ after ‘‘Armed Forces’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–181 effective Jan. 28, 2008, and applicable to any application for naturalization or issuance of a certificate of citizenship pending on or after such date, see section 674(d) of Pub. L. 110–181, set out as a note under section 1430 of this title. EFFECTIVE DATE Section effective Oct. 1, 2004, see section 1705(b) of Pub. L. 109–136, set out as an Effective Date of 2003 Amendment note under section 1439 of this title. FINALIZATION OF NATURALIZATION PROCEEDINGS FOR MEMBERS OF THE ARMED FORCES Pub. L. 108–136, div. A, title XVII, § 1701(e), Nov. 24, 2003, 117 Stat. 1692, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Nov. 24, 2003], the Secretary of Defense shall prescribe a pol- icy that facilitates the opportunity for a member of the Armed Forces to finalize naturalization for which the member has applied. The policy shall include, for such purpose, the following: ‘‘(1) A high priority for grant of emergency leave. ‘‘(2) A high priority for transportation on aircraft of, or chartered by, the Armed Forces.’’ § 1444. Photographs; number (a) Three identical photographs of the appli- cant shall be signed by and furnished by each applicant for naturalization or citizenship. One of such photographs shall be affixed by the At- torney General to the original certificate of nat- uralization issued to the naturalized citizen and one to the duplicate certificate of naturalization required to be forwarded to the Service.