8 U.S.C. § 1423 — Requirements as to understanding the

Page 487 TITLE 8—ALIENS AND NATIONALITY § 1423 title [amending this section and sections 1448, 1450, and 1455 of this title] shall take effect 30 days after the date of the enactment of this Act [Dec. 12, 1991].’’ Amendment by section 305(a) of Pub. L. 102–232 effec- tive 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 1990 AMENDMENT; SAVINGS PROVISION Pub. L. 101–649, title IV, § 408, Nov. 29, 1990, 104 Stat. 5047, as amended by Pub. L. 102–232, title III, § 305(n), Dec. 12, 1991, 105 Stat. 1750, provided that: ‘‘(a) EFFECTIVE DATE.— ‘‘(1) NO NEW COURT PETITIONS AFTER EFFECTIVE DATE.—No court shall have jurisdiction, under section 310(a) of the Immigration and Nationality Act [8 U.S.C. 1421(a)], to naturalize a person unless a peti- tion for naturalization with respect to that person has been filed with the court before October 1, 1991. ‘‘(2) TREATMENT OF CURRENT COURT PETITIONS.— ‘‘(A) CONTINUATION OF CURRENT RULES.—Except as provided in subparagraph (B), any petition for natu- ralization which may be pending in a court on Octo- ber 1, 1991, shall be heard and determined in accord- ance with the requirements of law in effect when the petition was filed. ‘‘(B) PERMITTING WITHDRAWAL AND CONSIDERATION OF APPLICATION UNDER NEW RULES.—In the case of any petition for naturalization which may be pend- ing in any court on January 1, 1992, the petitioner may withdraw such petition and have the peti- tioner’s application for naturalization considered under the amendments made by this title [amend- ing this section, sections 1101, 1423, 1424, 1426 to 1430, 1433, 1435 to 1440, 1441 to 1451, and 1455 of this title, and section 1429 of Title 18, Crimes and Criminal Procedure, and repealing section 1459 of this title], but only if the petition is withdrawn not later than 3 months after the effective date. ‘‘(3) GENERAL EFFECTIVE DATE.—Except as otherwise provided in this section, the amendments made by this title are effective as of the date of the enactment of this Act [Nov. 29, 1990]. ‘‘(b) INTERIM, FINAL REGULATIONS.—The Attorney General shall prescribe regulations (on an interim, final basis or otherwise) to implement the amendments made by this title on a timely basis. ‘‘(c) CONTINUING DUTIES.—The amendments to section 339 of the Immigration and Nationality Act [8 U.S.C. 1450] (relating to functions and duties of clerks) shall not apply to functions and duties respecting petitions filed before October 1, 1991. ‘‘(d) GENERAL SAVINGS PROVISIONS.—(1) Nothing con- tained in this title [amending this section, sections 1101, 1423, 1424, 1426 to 1430, 1433, 1435 to 1440, 1441 to 1451, and 1455 of this title, and section 1429 of Title 18, Crimes and Criminal Procedure, repealing section 1459 of this title, and enacting provisions set out as a note under section 1440 of this title], unless otherwise spe- cifically provided, shall be construed to affect the va- lidity of any declaration of intention, petition for natu- ralization, certificate of naturalization, certification of citizenship, or other document or proceeding which is valid as of the effective date; or to affect any prosecu- tion, suit, action, or proceedings, civil or criminal, brought, or any status, condition, right in process of acquisition, act, thing, liability, obligation, or matter, civil or criminal, done or existing, as of the effective date. ‘‘(2) As to all such prosecutions, suits, actions, pro- ceedings, statutes, conditions, rights, acts, things, li- abilities, obligations, or matters, the provisions of law repealed by this title are, unless otherwise specifically provided, hereby continued in force and effect. ‘‘(e) TREATMENT OF SERVICE IN ARMED FORCES OF FOR- EIGN COUNTRY.—The amendments made by section 404 [amending section 1426 of this title] (relating to treat- ment of service in armed forces of a foreign country) shall take effect on the date of the enactment of this Act [Nov. 29, 1990] and shall apply to exemptions from training or service obtained before, on, or after such date. ‘‘(f) FILIPINO WAR VETERANS.—Section 405 [enacting provisions formerly set out as a note under section 1440 of this title] (relating to naturalization of natives of the Philippines through active-duty service under United States command during World War II) shall be- come effective on May 1, 1991, without regard to wheth- er regulations to implement such section have been issued by such date.’’ 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. Executive Documents ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding former section 21 of Title 48, Terri- tories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding former section 491 of Title 48. § 1422. Eligibility for naturalization The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of race or sex or because such person is married. (June 27, 1952, ch. 477, title III, ch. 2, § 311, 66 Stat. 239; Pub. L. 100–525, § 9(t), Oct. 24, 1988, 102 Stat. 2621.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–525 struck out at end ‘‘Notwith- standing section 405(b) of this Act, this section shall apply to any person whose petition for naturalization shall hereafter be filed, or shall have been pending on the effective date of this chapter.’’ § 1423. Requirements as to understanding the English language, history, principles and form of government of the United States (a) No person except as otherwise provided in this subchapter shall hereafter be naturalized as a citizen of the United States upon his own ap- plication who cannot demonstrate— (1) an understanding of the English lan- guage, including an ability to read, write, and speak words in ordinary usage in the English language: Provided, That the requirements of this paragraph relating to ability to read and write shall be met if the applicant can read or write simple words and phrases to the end that a reasonable test of his literacy shall be made and that no extraordinary or unreasonable condition shall be imposed upon the applicant; and (2) a knowledge and understanding of the fundamentals of the history, and of the prin- ciples and form of government, of the United States. Page 488 TITLE 8—ALIENS AND NATIONALITY § 1423 (b)(1) The requirements of subsection (a) shall not apply to any person who is unable because of physical or developmental disability or mental impairment to comply therewith. (2) The requirement of subsection (a)(1) shall not apply to any person who, on the date of the filing of the person’s application for naturaliza- tion as provided in section 1445 of this title, ei- ther— (A) is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, or (B) is over fifty-five years of age and has been living in the United States for periods to- taling at least fifteen years subsequent to a lawful admission for permanent residence. (3) The Attorney General, pursuant to regula- tions, shall provide for special consideration, as determined by the Attorney General, concerning the requirement of subsection (a)(2) with respect to any person who, on the date of the filing of the person’s application for naturalization as provided in section 1445 of this title, is over sixty-five years of age and has been living in the United States for periods totaling at least twen- ty years subsequent to a lawful admission for permanent residence. (June 27, 1952, ch. 477, title III, ch. 2, § 312, 66 Stat. 239; Pub. L. 95–579, § 3, Nov. 2, 1978, 92 Stat. 2474; Pub. L. 101–649, title IV, § 403, Nov. 29, 1990, 104 Stat. 5039; Pub. L. 102–232, title III, § 305(m)(2), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103–416, title I, § 108(a), Oct. 25, 1994, 108 Stat. 4309.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–416 designated existing provisions as subsec. (a), struck out ‘‘this requirement shall not apply to any person physically unable to comply there- with, if otherwise qualified to be naturalized, or to any person who, on the date of the filing of his application for naturalization as provided in section 1445 of this title, either (A) is over 50 years of age and has been liv- ing in the United States for periods totaling at least 20 years subsequent to a lawful admission for permanent residence, or (B) is over 55 years of age and has been living in the United States for periods totaling at least 15 years subsequent to a lawful admission for perma- nent residence: Provided further, That’’, after ‘‘Provided, That’’, substituted ‘‘this paragraph’’ for ‘‘this section’’ after ‘‘requirements of’’, and added subsec. (b). 1991—Pub. L. 102–232 substituted ‘‘application’’ for ‘‘petition’’ in introductory provisions and par. (1). 1990—Par. (1). Pub. L. 101–649 substituted ‘‘either (A) is over 50 years of age and has been living in the United States for periods totaling at least 20 years subsequent to a lawful admission for permanent residence, or (B) is over 55 years of age and has been living in the United States for periods totaling at least 15 years subsequent to a lawful admission for permanent residence’’ for ‘‘is over fifty years of age and has been living in the United States for periods totaling at least twenty years subse- quent to a lawful admission for permanent residence’’. 1978—Par. (1). Pub. L. 95–579 substituted ‘‘person who, on the date of the filing of his petition for naturaliza- tion as provided in section 1445 of this title, is over fifty years of age and has been living in the United States for periods totaling at least twenty years subse- quent to a lawful admission for permanent residence’’ for ‘‘person who, on the effective date of this chapter, is over fifty years of age and has been living in the United States for periods totaling at least twenty years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title I, § 108(c), Oct. 25, 1994, 108 Stat. 4310, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 25, 1994] and shall apply to applications for naturalization filed on or after such date and to such applications pending on such date.’’ 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. REGULATIONS Pub. L. 103–416, title I, § 108(d), Oct. 25, 1994, 108 Stat. 4310, provided that: ‘‘Not later than 120 days after the date of enactment of this Act [Oct. 25, 1994], the Attor- ney General shall promulgate regulations to carry out section 312(b)(3) of the Immigration and Nationality Act [8 U.S.C. 1423(b)(3)] (as amended by subsection (a)).’’ 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. HMONG VETERANS’ NATURALIZATION Pub. L. 106–207, May 26, 2000, 114 Stat. 316, as amended by Pub. L. 106–415, Nov. 1, 2000, 114 Stat. 1810; Pub. L. 107–77, title I, § 112, Nov. 28, 2001, 115 Stat. 765, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Hmong Veterans’ Nat- uralization Act of 2000’. ‘‘SEC. 2. EXEMPTION FROM ENGLISH LANGUAGE REQUIREMENT FOR CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN LAOS. ‘‘The requirement of paragraph (1) of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)) shall not apply to the naturalization of any person— ‘‘(1) who— ‘‘(A) was admitted into the United States as a ref- ugee from Laos pursuant to section 207 of the Immi- gration and Nationality Act (8 U.S.C. 1157); and ‘‘(B) served with a special guerrilla unit, or irreg- ular forces, operating from a base in Laos in sup- port of the United States military at any time dur- ing the period beginning February 28, 1961, and end- ing September 18, 1978; ‘‘(2) who— ‘‘(A) satisfies the requirement of paragraph (1)(A); and ‘‘(B) was the spouse of a person described in para- graph (1) on the day on which such described person applied for admission into the United States as a refugee; or ‘‘(3) who— ‘‘(A) satisfies the requirement of paragraph (1)(A); and ‘‘(B) is the surviving spouse of a person described in paragraph (1)(B) which described person was killed or died in Laos, Thailand, or Vietnam. ‘‘SEC. 3. SPECIAL CONSIDERATION CONCERNING CIVICS REQUIREMENT FOR CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN LAOS. ‘‘The Attorney General shall provide for special con- sideration, as determined by the Attorney General, Page 489 TITLE 8—ALIENS AND NATIONALITY § 1424 concerning the requirement of paragraph (2) of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(2)) with respect to the naturalization of any per- son described in paragraph (1), (2), or (3) of section 2 of this Act. ‘‘SEC. 4. DOCUMENTATION OF QUALIFYING SERV- ICE. ‘‘A person seeking an exemption under section 2 or special consideration under section 3 shall submit to the Attorney General documentation of their, or their spouse’s, service with a special guerrilla unit, or irreg- ular forces, described in section 2(1)(B), in the form of— ‘‘(1) original documents; ‘‘(2) an affidavit of the serving person’s superior of- ficer; ‘‘(3) two affidavits from other individuals who also were serving with such a special guerrilla unit, or ir- regular forces, and who personally knew of the per- son’s service; or ‘‘(4) other appropriate proof. ‘‘SEC. 5. DETERMINATION OF ELIGIBILITY FOR EX- EMPTION AND SPECIAL CONSIDERATION. ‘‘(a) In determining a person’s eligibility for an ex- emption under section 2 or special consideration under section 3, the Attorney General— ‘‘(1) shall review the refugee processing documenta- tion for the person, or, in an appropriate case, for the person and the person’s spouse, to verify that the re- quirements of section 2 relating to refugee applica- tions and admissions have been satisfied; ‘‘(2) shall consider the documentation submitted by the person under section 4; ‘‘(3) may request an advisory opinion from the Sec- retary of Defense regarding the person’s, or their spouse’s, service in a special guerrilla unit, or irreg- ular forces, described in section 2(1)(B); and ‘‘(4) may consider any documentation provided by organizations maintaining records with respect to Hmong veterans or their families. ‘‘(b) The Secretary of Defense shall provide any opin- ion requested under paragraph (3) to the extent prac- ticable, and the Attorney General shall take into ac- count any opinion that the Secretary of Defense is able to provide. ‘‘SEC. 6. DEADLINE FOR APPLICATION AND PAY- MENT OF FEES. ‘‘This Act shall apply to a person only if the person’s application for naturalization is filed, as provided in section 334 of the Immigration and Nationality Act (8 U.S.C. 1445), with appropriate fees not later than 36 months after the date of the enactment of this Act [May 26, 2000]. In the case of a person described in sec- tion 2(3), the application referred to in the preceding sentence, and appropriate fees, shall be filed not later than 36 months after the date of the enactment of this sentence [Nov. 1, 2000]. ‘‘SEC. 7. LIMITATION ON NUMBER OF BENE- FICIARIES. ‘‘Notwithstanding any other provision of this Act, the total number of aliens who may be granted an ex- emption under section 2 or special consideration under section 3, or both, may not exceed 45,000.’’ § 1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government (a) Notwithstanding the provisions of section 405(b) of this Act, no person shall hereafter be naturalized as a citizen of the United States— (1) who advocates or teaches, or who is a member of or affiliated with any organization that advocates or teaches, opposition to all or- ganized government; or (2) who is a member of or affiliated with (A) the Communist Party of the United States; (B) any other totalitarian party of the United States; (C) the Communist Political Associa- tion; (D) the Communist or other totalitarian party of any State of the United States, of any foreign state, or of any political or geo- graphical subdivision of any foreign state; (E) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (F) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt, unless such alien establishes that he did not have knowledge or reason to believe at the time he became a member of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organi- zation was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Com- munist-front organization; or (3) who, although not within any of the other provisions of this section, advocates the economic, international, and governmental doctrines of world communism or the estab- lishment in the United States of a totalitarian dictatorship, or who is a member of or affili- ated with any organization that advocates the economic, international, and governmental doctrines of world communism or the estab- lishment in the United States of a totalitarian dictatorship, either through its own utter- ances or through any written or printed publi- cations issued or published by or with the per- mission or consent of or under authority of such organization or paid for by the funds of such organization; or (4) who advocates or teaches or who is a member of or affiliated with any organization that advocates or teaches (A) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, neces- sity, or propriety of the unlawful assaulting or killing of any officer or officers (either of spe- cific individuals or of officers generally) of the Government of the United States or of any other organized government because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (5) who writes or publishes or causes to be written or published, or who knowingly cir- culates, distributes, prints, or displays, or knowingly causes to be circulated, distributed, printed, published, or displayed, or who know- ingly has in his possession for the purpose of circulation, publication, distribution, or dis- play, any written or printed matter, advo- cating or teaching opposition to all organized government, or advocating (A) the overthrow by force, violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, neces- sity, or propriety of the unlawful assaulting or killing of any officer or officers (either of spe- cific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or