8 U.S.C. § 1444 — Photographs; number

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. Page 512 TITLE 8—ALIENS AND NATIONALITY § 1445 (b) Three identical photographs of the appli- cant shall be furnished by each applicant for— (1) a record of lawful admission for perma- nent residence to be made under section 1259 of this title; (2) a certificate of derivative citizenship; (3) a certificate of naturalization or of citi- zenship; (4) a special certificate of naturalization; (5) a certificate of naturalization or of citi- zenship, in lieu of one lost, mutilated, or de- stroyed; (6) a new certificate of citizenship in the new name of any naturalized citizen who, subse- quent to naturalization, has had his name changed by order of a court of competent ju- risdiction or by marriage; and (7) a declaration of intention. One such photograph shall be affixed to each such certificate issued by the Attorney General and one shall be affixed to the copy of such cer- tificate retained by the Service. (June 27, 1952, ch. 477, title III, ch. 2, § 333, 66 Stat. 253; Pub. L. 101–649, title IV, § 407(c)(14), (d)(11), Nov. 29, 1990, 104 Stat. 5041, 5042; Pub. L. 103–416, title II, § 219(w), Oct. 25, 1994, 108 Stat. 4318.) Editorial Notes AMENDMENTS 1994—Subsec. (b)(1). Pub. L. 103–416 substituted ‘‘1259’’ for ‘‘1259(a)’’. 1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘appli- cant’’ for ‘‘petitioner’’ after ‘‘by each’’, and ‘‘Attorney General’’ for ‘‘clerk of the court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. 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. § 1445. Application for naturalization; declara- tion of intention (a) Evidence and form An applicant for naturalization shall make and file with the Attorney General a sworn ap- plication 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 mate- rial to the applicant’s naturalization, and re- quired 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 natu- ralization 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 nat- uralization unless he shall have attained the age of eighteen years. An application for naturaliza- tion by an alien shall contain an averment of lawful admission for permanent residence. (c) Hearings Hearings under section 1447(a) of this title on applications for naturalization shall be held at regular intervals specified by the Attorney Gen- eral. (d) Filing of application Except as provided in subsection (e), an appli- cation for naturalization shall be filed in the of- fice of the Attorney General. (e) Substitute filing place and administering oath other than before Attorney General A person may file an application for natu- ralization other than in the office of the Attor- ney General, and an oath of allegiance adminis- tered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the person has an ill- ness or other disability which— (1) is of a permanent nature and is suffi- ciently serious to prevent the person’s per- sonal appearance, or (2) is of a nature which so incapacitates the person as to prevent him from personally ap- pearing. (f) Declaration of intention An alien over 18 years of age who is residing in the United States pursuant to a lawful admis- sion for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application pre- scribed and approved by the Attorney General. Nothing in this subsection shall be construed as requiring any such alien to make and file a dec- laration of intention as a condition precedent to filing an application for naturalization nor shall any such declaration of intention be regarded as conferring or having conferred upon any such alien United States citizenship or nationality or the right to United States citizenship or nation- ality, nor shall such declaration be regarded as evidence of such alien’s lawful admission for permanent residence in any proceeding, action, or matter arising under this chapter or any other Act. (June 27, 1952, ch. 477, title III, ch. 2, § 334, 66 Stat. 254; Pub. L. 97–116, § 15(b), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 101–649, title IV, §§ 401(b), 407(c)(15), (d)(12), Nov. 29, 1990, 104 Stat. 5038, 5041, 5042; Pub. L. 102–232, title III, § 305(d), (e), (m)(7), Dec. 12, 1991, 105 Stat. 1750.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f), was in the original a reference to 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