8 U.S.C. § 1438 — Former citizens losing citizenship by en-

Page 501 TITLE 8—ALIENS AND NATIONALITY § 1438 the Immigration and Nationality Act [section 1421(a) of this title], or before any diplomatic or consular officer of the United States abroad, that he has done nothing to promote the cause of communism. The illegal or fraudulent procurement of naturalization under this amendment shall be subject to cancellation in the same manner as provided in section 340 of the Immigration and Nationality Act [section 1451 of this title].’’ JAPANESE ELECTIONS; NATURALIZATION OF FORMER CITIZENS WHO VOTED IN CERTAIN FORMER ELECTIONS Act July 20, 1954, ch. 553, 68 Stat. 495, provided: ‘‘That a person who has lost United States citizenship solely by reason of having voted in any political election or plebiscite held in Japan between September 2, 1945, and April 27, 1952, inclusive, and who has not, subsequent to such voting, committed any act which, had he re- mained a citizen, would have operated to expatriate him, and is not otherwise disqualified from becoming a citizen by reason of sections 313 or 314, or the third sen- tence of section 318 of the Immigration and Nationality Act [sections 1424, 1425, 1429 of this title], may be natu- ralized by taking, prior to two years after the date of the enactment of this Act [July 20, 1954], before any naturalization court specified in subsection (a) of sec- tion 310 of the Immigration and Nationality Act [sec- tion 1421(a) of this title] or before any diplomatic or consular officer of the United States abroad, the appli- cable oath prescribed by section 337 of such Act [sec- tion 1448 of this title]. Certified copies of such oath shall be sent by such court or such diplomatic or con- sular officer to the Department of State and to the De- partment of Justice. Such oath of allegiance shall be entered in the records of the appropriate naturalization court, embassy, legation, or consulate, and upon de- mand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the naturalization court, embassy, legation or consulate, shall be delivered to such person at a cost not exceed- ing $5, which certified copy shall be evidence of the facts stated therein before any court of record or judi- cial tribunal and in any department or agency of the Government of the United States. Any such person shall have, from and after naturalization under this Act, the same citizenship status as that which existed immediately prior to its loss: Provided, That no such person shall be eligible to take the oath prescribed by section 337 of the Immigration and Nationality Act [section 1448 of this title] unless he shall first take an oath before any naturalization court specified in sub- section (a) of section 310 of the Immigration and Na- tionality Act [section 1421(a) of this title], or before any diplomatic or consular officer of the United States abroad, that he has done nothing to promote the cause of communism. Naturalization procured under this Act shall be subject to revocation as provided in section 340 of the Immigration and Nationality Act [section 1451 of this title], and subsection (f) of that section [section 1451(f) of this title] shall apply to any person claiming United States citizenship through the naturalization of an individual under this Act.’’ § 1436. Nationals but not citizens; residence with- in outlying possessions A person not a citizen who owes permanent al- legiance to the United States, and who is other- wise qualified, may, if he becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this subchapter, except that in applications for naturalization filed under the provisions of this section resi- dence and physical presence within the United States within the meaning of this subchapter shall include residence and physical presence within any of the outlying possessions of the United States. (June 27, 1952, ch. 477, title III, ch. 2, § 325, 66 Stat. 248; Pub. L. 101–649, title IV, § 407(c)(8), Nov. 29, 1990, 104 Stat. 5041.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–649 substituted ‘‘applications’’ for ‘‘petitions’’. § 1437. Resident Philippine citizens excepted from certain requirements Any person who (1) was a citizen of the Com- monwealth of the Philippines on July 2, 1946, (2) entered the United States prior to May 1, 1934, and (3) has, since such entry, resided continu- ously in the United States shall be regarded as having been lawfully admitted to the United States for permanent residence for the purpose of applying for naturalization under this sub- chapter. (June 27, 1952, ch. 477, title III, ch. 2, § 326, 66 Stat. 248; Pub. L. 101–649, title IV, § 407(c)(9), Nov. 29, 1990, 104 Stat. 5041.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–649 substituted ‘‘applying’’ for ‘‘peti- tioning’’. § 1438. Former citizens losing citizenship by en- tering armed forces of foreign countries dur- ing World War II (a) Requirements; oath; certified copies of oath Any person who, (1) during World War II and while a citizen of the United States, served in the military, air, or naval forces of any country at war with a country with which the United States was at war after December 7, 1941, and be- fore September 2, 1945, and (2) has lost United States citizenship by reason of entering or serv- ing in such forces, or taking an oath or obliga- tion for the purpose of entering such forces, may, upon compliance with all the provisions of subchapter III of this chapter, except section 1427(a) of this title, and except as otherwise pro- vided in subsection (b), be naturalized by taking before the Attorney General or before a court described in section 1421(b) of this title the oath required by section 1448 of this title. Certified copies of such oath shall be sent by such court to the Department of State and to the Depart- ment of Justice and by the Attorney General to the Secretary of State. (b) Exceptions No person shall be naturalized under sub- section (a) of this section unless he— (1) is, and has been for a period of at least five years immediately preceding taking the oath required in subsection (a), a person of good moral character, attached to the prin- ciples of the Constitution of the United States and well disposed to the good order and happi- ness of the United States; and (2) has been lawfully admitted to the United States for permanent residence and intends to reside permanently in the United States. (c) Status Any person naturalized in accordance with the provisions of this section, or any person who was Page 502 TITLE 8—ALIENS AND NATIONALITY § 1439 naturalized in accordance with the provisions of section 323 of the Nationality Act of 1940, shall have, from and after such naturalization, the status of a native-born, or naturalized, citizen of the United States, whichever status existed in the case of such person prior to the loss of citi- zenship: Provided, That nothing contained here- in, or in any other provision of law, shall be con- strued as conferring United States citizenship retroactively upon any such person during any period in which such person was not a citizen. (d) Span of World War II For the purposes of this section, World War II shall be deemed to have begun on September 1, 1939, and to have terminated on September 2, 1945. (e) Inapplicability to certain persons This section shall not apply to any person who during World War II served in the armed forces of a country while such country was at war with the United States. (June 27, 1952, ch. 477, title III, ch. 2, § 327, 66 Stat. 248; Pub. L. 101–649, title IV, § 407(d)(7), Nov. 29, 1990, 104 Stat. 5042.) Editorial Notes REFERENCES IN TEXT Section 323 of the Nationality Act of 1940, referred to in subsec. (c), which was classified to section 723 of this title, was repealed by section 403(a)(42) of act June 27, 1952. See subsec. (a) of this section. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘the At- torney General or before a court described in section 1421(b) of this title’’ for ‘‘any naturalization court spec- ified in section 1421(a) of this title’’ and inserted ‘‘and by the Attorney General to the Secretary of State’’ be- fore period at end. 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. § 1439. Naturalization through service in the armed forces (a) Requirements A person who has served honorably at any time in the armed forces of the United States for a period or periods aggregating one year, and, who, if separated from such service, was never separated except under honorable condi- tions, may be naturalized without having re- sided, continuously immediately preceding the date of filing such person’s application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturaliza- tion is filed for at least three months, and with- out having been physically present in the United States for any specified period, if such applica- tion is filed while the applicant is still in the service or within six months after the termi- nation of such service. (b) Exceptions A person filing an application under sub- section (a) of this section shall comply in all other respects with the requirements of this sub- chapter, except that— (1) no residence within a State or district of the Service in the United States shall be re- quired; (2) notwithstanding section 1429 of this title insofar as it relates to deportability, such ap- plicant may be naturalized immediately if the applicant be then actually in the Armed Forces of the United States, and if prior to the filing of the application, the applicant shall have appeared before and been examined by a representative of the Service; (3) the applicant shall furnish to the Sec- retary of Homeland Security, prior to any hearing upon his application, a certified state- ment from the proper executive department for each period of his service upon which he re- lies for the benefits of this section, clearly showing that such service was honorable and that no discharges from service, including pe- riods of service not relied upon by him for the benefits of this section, were other than hon- orable (the certificate or certificates herein provided for shall be conclusive evidence of such service and discharge); and (4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing the application, or for the issuance of a certificate of naturalization upon being granted citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee re- quired to be paid to the State shall be charged or collected. (c) Periods when not in service In the case such applicant’s service was not continuous, the applicant’s residence in the United States and State or district of the Serv- ice in the United States, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately preceding the date of filing such application between the periods of appli- cant’s service in the Armed Forces, shall be al- leged in the application filed under the provi- sions of subsection (a) of this section, and proved at any hearing thereon. Such allegation and proof shall also be made as to any period be- tween the termination of applicant’s service and the filing of the application for naturalization. (d) Residence requirements The applicant shall comply with the require- ments of section 1427(a) of this title, if the ter- mination of such service has been more than six months preceding the date of filing the applica- tion for naturalization, except that such service within five years immediately preceding the date of filing such application shall be consid- ered as residence and physical presence within the United States.