8 U.S.C. § 1454 — Documents and copies issued by Attorney

Page 522 TITLE 8—ALIENS AND NATIONALITY § 1453 1981—Pub. L. 97–116 substituted ‘‘(c), (d), (e), or (g) of section 1401’’ for ‘‘(3), (4), (5), or (7) of section 1401(a)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–416 effective on the first day of the first month beginning more than 120 days after Oct. 25, 1994, see section 102(d) of Pub. L. 103–416, set out as a note under section 1433 of this act. 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. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 1101 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, 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. CERTIFICATES OF NON-CITIZEN NATIONAL STATUS; $35 LIMIT ON FEES FOR PROCESSING APPLICATIONS FILED BEFORE END OF FISCAL YEAR 1987 Pub. L. 99–396, § 16(c), Aug. 27, 1986, 100 Stat. 843, pro- vided that: ‘‘The Secretary of State may not impose a fee exceeding $35 for the processing of an application for a certificate of non-citizen national status under section 341(b) of the Immigration and Nationality Act [8 U.S.C. 1452(b)] filed before the end of fiscal year 1987.’’ § 1453. Cancellation of certificates issued by At- torney General, the Commissioner or a Dep- uty Commissioner; action not to affect citi- zenship status The Attorney General is authorized to cancel any certificate of citizenship, certificate of nat- uralization, copy of a declaration of intention, or other certificate, document or record here- tofore issued or made by the Commissioner or a Deputy Commissioner or hereafter made by the Attorney General if it shall appear to the Attor- ney General’s satisfaction that such document or record was illegally or fraudulently obtained from, or was created through illegality or by fraud practiced upon, him or the Commissioner or a Deputy Commissioner; but the person for or to whom such document or record has been issued or made shall be given at such person’s last-known place of address written notice of the intention to cancel such document or record with the reasons therefor and shall be given at least sixty days in which to show cause why such document or record should not be canceled. The cancellation under this section of any docu- ment purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship sta- tus of the person in whose name the document was issued. (June 27, 1952, ch. 477, title III, ch. 2, § 342, 66 Stat. 263.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after June 27, 1952, see sec- tion 407 of act June 27, 1952, set out as a note under sec- tion 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. § 1454. Documents and copies issued by Attorney General (a) If any certificate of naturalization or citi- zenship issued to any citizen or any declaration of intention furnished to any declarant is lost, mutilated, or destroyed, the citizen or declarant may make application to the Attorney General for a new certificate or declaration. If the Attor- ney General finds that the certificate or declara- tion is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or dec- laration. If the certificate or declaration has been mutilated, it shall be surrendered to the Attorney General before the applicant may re- ceive such new certificate or declaration. If the certificate or declaration has been lost, the ap- plicant or any other person who shall have, or may come into possession of it is required to surrender it to the Attorney General. (b) The Attorney General shall issue for any naturalized citizen, on such citizen’s application therefor, a special certificate of naturalization for use by such citizen only for the purpose of obtaining recognition as a citizen of the United States by a foreign state. Such certificate when issued shall be furnished to the Secretary of State for transmission to the proper authority in such foreign state. (c) If the name of any naturalized citizen has, subsequent to naturalization, been changed by order of any court of competent jurisdiction, or by marriage, the citizen may make application for a new certificate of naturalization in the new name of such citizen. If the Attorney Gen- eral finds the name of the applicant to have been changed as claimed, the Attorney General shall issue to the applicant a new certificate and shall notify the naturalization court of such ac- tion. (d) The Attorney General is authorized to make and issue certifications of any part of the naturalization records of any court, or of any certificate of naturalization or citizenship, for use in complying with any statute, State or Fed- eral, or in any judicial proceeding. No such cer- tification shall be made by any clerk of court except upon order of the court. (June 27, 1952, ch. 477, title III, ch. 2, § 343, 66 Stat. 263; Pub. L. 100–525, § 9(ee), Oct. 24, 1988, 102 Stat. 2621.) 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 certificate alleged to have been lost, mutilated, or destroyed, sub- mitted 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 be- fore 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 there- after separated from such forces under other than honorable conditions, who was not a con- scientious 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 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 depos- ited in the Immigration Examinations Fee Ac- count established under section 1356(m) of this title: 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 naturaliza- tion 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 natu- ralization, 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 de- mand the same from the Attorney General, the customary and usual witness fees from the mon- eys which the applicant shall have paid to the Attorney General for such purpose, and the res- idue, 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 per- sons under this subchapter a specified percent- age of all fees described in subsection (a)(1) col- lected by the Attorney General with respect to persons administered the oath of allegiance by the respective courts. The Attorney General, an- nually 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 Judici- ary 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. (June 27, 1952, ch. 477, title III, ch. 2, § 344, 66 Stat. 264; Pub. L. 85–508, § 26, July 7, 1958, 72 Stat. 351; Pub. L. 90–609, § 3, Oct. 21, 1968, 82 Stat. 1200; Pub. L. 97–116, § 16, Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100–459, title II, § 209(b), Oct. 1, 1988, 102 Stat. 2203; Pub. L. 100–525, § 9(ff), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101–649, title IV, § 407(c)(20), (d)(19), Nov. 29, 1990, 104 Stat. 5041, 5046; Pub. L. 102–232, title I, § 102(b)(3), title III, §§ 305(l), 309(a)(1)(A)(ii), (b)(14), Dec. 12, 1991, 105 Stat. 1736, 1750, 1758, 1759; Pub. L. 107–273, div. C, title I, § 11016(1), Nov. 2, 2002, 116 Stat. 1824.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 2002—Subsec. (c). Pub. L. 107–273 substituted ‘‘Except as provided by section 1356(q)(2) of this title or any other law, all’’ for ‘‘All’’.