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8 U.S.C. § 1443a — Naturalization proceedings overseas for

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1443a — Naturalization proceedings overseas for

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 ‘‘ap

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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.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1401 — Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth: **(a)** a person born in the United States, and subject to the jurisdiction thereof; **(b)** a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property; **(c)** a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person; **(d)** a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States; **(e)** a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person; **(f)** a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States; **(g)** a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1401 — Nationals and citizens of United States at

Page 480 TITLE 8—ALIENS AND NATIONALITY § 1382 § 1382. Acceptance and administration of gifts for immigration integration grants program The Director of U.S. Citizenship and Immigra- tion Services is authorized in fiscal year 2017, and in each fiscal year thereafter, to solicit, ac- cept, administer, and utilize gifts, including do- nations of property, for the purpose of providing an immigrant integration grants program and related activities to promote citizenship and im- migrant integration: Provided, That all sums re- ceived under this subsection shall be deposited in a separate account in the general fund of the Treasury to be known as the ‘‘Citizenship Gift and Bequest Account’’: Provided further, That all funds deposited into the Citizenship Gift and Be- quest Account shall remain available until ex- pended, and shall be available in addition to any funds appropriated or otherwise made available for an immigrant integration grants program or other activities to promote citizenship and im- migrant integration. (Pub. L. 115–31, div. F, title IV, § 404(c), May 5, 2017, 131 Stat. 422.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2017, and also as part of the Consolidated Appropriations Act, 2017, and not as part of the Immigration and Nationality Act which comprises this chapter. SUBCHAPTER III—NATIONALITY AND NATURALIZATION PART I—NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION § 1401. Nationals and citizens of United States at birth The following shall be nationals and citizens of the United States at birth: (a) a person born in the United States, and subject to the jurisdiction thereof; (b) a person born in the United States to a member of an Indian, Eskimo, Al

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1430 — Married persons and employees of certain nonprofit organizations

**(a)** Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of [section 1427(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1427/a&num=0&edition=prelim) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months. **(b)** Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the Uni

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1430 — Married persons and employees of certain

Page 495 TITLE 8—ALIENS AND NATIONALITY § 1430 reference to exception provided in sections 1438 and 1439 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, 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. § 1430. Married persons and employees of certain nonprofit organizations (a) Any person whose spouse is a citizen of the United States, or any person who obtained sta- tus as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or sub- jected him or her to extreme cruelty, may be naturalized upon compliance with all the re- quirements of this subchapter except the provi- sions of paragraph (1) of section 1427(a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and dur- ing the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and ha

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 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 Secretary 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 Nationality Act ([8 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim) et seq.) relating to naturalization of members of the Armed Forces, and persons made eligible for naturalization by section 319(e) or 322(d) of such Act [[8 U.S.C. 1430(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1430/e&num=0&edition=prelim), 1433(d)], are available through United States embassies, consulates, and as practicable, United States military installations overseas.

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