8 U.S.C. § 1452 — Certificates of citizenship or U.S. non-cit-

Page 521 TITLE 8—ALIENS AND NATIONALITY § 1452 tion and setting aside of the order was the result of ac- tual fraud.’’ 1986—Subsec. (d). Pub. L. 99–653 substituted ‘‘one year’’ for ‘‘five years’’. 1961—Subsec. (a). Pub. L. 87–301, § 18(a), inserted ‘‘were illegally procured or’’ after ‘‘that such order and certificate of naturalization’’. Subsec. (b). Pub. L. 87–301, § 18(b), inserted ‘‘illegally procured or’’ before ‘‘procured by concealment’’. 1954—Subsec. (a). Act Sept. 3, 1954, substituted ‘‘United States attorneys’’ for ‘‘United States district attorneys’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–232 effective 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 1986 AMENDMENT Pub. L. 99–653, § 23(f), as added by Pub. L. 100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: ‘‘The amendment made by section 17 [amending this section] shall not apply to individuals who have taken up per- manent residence outside the United States before No- vember 14, 1986.’’ 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. § 1452. Certificates of citizenship or U.S. non-cit- izen national status; procedure (a) Application to Attorney General for certifi- cate of citizenship; proof; oath of allegiance A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citi- zenship of a husband, or who is a citizen of the United States by virtue of the provisions of sec- tion 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended (54 Stat. 1138), or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of this title, or under the provisions of the Act of August 4, 1937 (50 Stat. 558), or under the pro- visions of section 203 or 205 of the Nationality Act of 1940 (54 Stat. 1139), or under the provi- sions of section 1403 of this title, may apply to the Attorney General for a certificate of citizen- ship. Upon proof to the satisfaction of the Attor- ney General that the applicant is a citizen, and that the applicant’s alleged citizenship was de- rived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chap- ter of an applicant for naturalization, such indi- vidual shall be furnished by the Attorney Gen- eral with a certificate of citizenship, but only if such individual is at the time within the United States. (b) Application to Secretary of State for certifi- cate of non-citizen national status; proof; oath of allegiance A person who claims to be a national, but not a citizen, of the United States may apply to the Secretary of State for a certificate of non-cit- izen national status. Upon— (1) proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States, and (2) in the case of such a person born outside of the United States or its outlying posses- sions, taking and subscribing, before an immi- gration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization, the individual shall be furnished by the Sec- retary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its out- lying possessions. (June 27, 1952, ch. 477, title III, ch. 2, § 341, 66 Stat. 263; Pub. L. 97–116, § 18(p), Dec. 29, 1981, 95 Stat. 1621; Pub. L. 99–396, § 16(a), Aug. 27, 1986, 100 Stat. 843; Pub. L. 99–653, § 22, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100–525, § 8(q), Oct. 24, 1988, 102 Stat. 2618; Pub. L. 102–232, title III, § 305(m)(8), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103–416, title I, § 102(b), Oct. 25, 1994, 108 Stat. 4307.) Editorial Notes REFERENCES IN TEXT Section 1993 of the Revised Statutes, referred to in subsec. (a), which was classified to section 6 of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. The Nationality Act of 1940, referred to in subsec. (a), is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, as amended. Sections 201, 203, and 205 of the Nationality Act of 1940, which were classified to sections 601, 603, and 605, re- spectively, of this title, were repealed by section 403(a)(42) of act June 27, 1952. Act May 7, 1934 (48 Stat. 667), referred to in subsec. (a), which was classified to sections 3b and 3c of this title, was omitted from the Code. Act Aug. 4, 1937, referred to in subsec. (a), which was classified to sections 5d and 5e of this title, was re- pealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. This chapter, referred to in subsecs. (a) and (b)(2), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Na- tionality 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 1994—Subsec. (c). Pub. L. 103–416 struck out subsec. (c) which related to application to Attorney General for certificate of citizenship for adopted child. 1991—Subsec. (a). Pub. L. 102–232 substituted ‘‘an ap- plicant’’ for ‘‘a petitioner’’. 1988—Subsec. (c). Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below. 1986—Pub. L. 99–396, § 16(a)(1), inserted reference to certificates of non-citizen national status in section catchline. Subsecs. (a), (b). Pub. L. 99–396, § 16(a)(2), (3), des- ignated existing provisions as subsec. (a) and added subsec. (b). Subsec. (c). Pub. L. 99–653, as amended by Pub. L. 100–525, added subsec. (c). 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.)