8 U.S.C. § 1428 — Temporary absence of persons performing

Page 494 TITLE 8—ALIENS AND NATIONALITY § 1428 1 See References in Text note below. ‘‘(d) DEFINITIONS.—For purposes of this section— ‘‘(1) the term ‘child’ means a child as defined in subparagraphs (A) through (E) of section 101(b)(1) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)], without regard to age or marital status; and ‘‘(2) the term ‘spouse’ means the wife or husband of a deceased alien referred to in subsection (b) who was married to such alien during the time the alien par- ticipated in the conduct of United States intelligence activities.’’ § 1428. Temporary absence of persons performing religious duties Any person who is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or any person who is engaged solely by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States as a missionary, brother, nun, or sister, who (1) has been lawfully admitted to the United States for permanent residence, (2) has at any time thereafter and before filing an appli- cation for naturalization been physically present and residing within the United States for an uninterrupted period of at least one year, and (3) has heretofore been or may hereafter be absent temporarily from the United States in connection with or for the purpose of performing the ministerial or priestly functions of such reli- gious denomination, or serving as a missionary, brother, nun, or sister, shall be considered as being physically present and residing in the United States for the purpose of naturalization within the meaning of section 1427(a) of this title, notwithstanding any such absence from the United States, if he shall in all other re- spects comply with the requirements of the nat- uralization law. Such person shall prove to the satisfaction of the Attorney General that his ab- sence from the United States has been solely for the purpose of performing the ministerial or priestly functions of such religious denomina- tion, or of serving as a missionary, brother, nun, or sister. (June 27, 1952, ch. 477, title III, ch. 2, § 317, 66 Stat. 243; Pub. L. 101–649, title IV, § 407(c)(3), (d)(2), Nov. 29, 1990, 104 Stat. 5041.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–649, § 407(d)(2), struck out ‘‘and the naturalization court’’ after ‘‘Attorney General’’. Pub. L. 101–649, § 407(c)(3), substituted ‘‘application’’ for ‘‘petition’’. 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. § 1429. Prerequisite to naturalization; burden of proof Except as otherwise provided in this sub- chapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immi- grant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),1 and except as pro- vided in sections 1439 and 1440 of this title no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act; and no application for naturalization shall be con- sidered by the Attorney General if there is pend- ing against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: Pro- vided, That the findings of the Attorney General in terminating removal proceedings or in can- celing the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for natu- ralization as required by this subchapter. (June 27, 1952, ch. 477, title III, ch. 2, § 318, 66 Stat. 244; Pub. L. 90–633, § 4, Oct. 24, 1968, 82 Stat. 1344; Pub. L. 101–649, title IV, § 407(c)(4), (d)(3), Nov. 29, 1990, 104 Stat. 5041; Pub. L. 104–208, div. C, title III, § 308(e)(1)(O), (15), Sept. 30, 1996, 110 Stat. 3009–620, 3009–621.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 com- plete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. Section 405(b), referred to in text, is section 405(b) of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a Savings Clause note under section 1101 of this title. AMENDMENTS 1996—Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘de- portation’’ wherever appearing and ‘‘canceling’’ for ‘‘suspending’’. 1990—Pub. L. 101–649, § 407(d)(3), in last sentence sub- stituted ‘‘considered by the Attorney General’’ for ‘‘fi- nally heard by a naturalization court’’ and ‘‘upon the Attorney General’’ for ‘‘upon the naturalization court’’. Pub. L. 101–649, § 407(c)(4), substituted ‘‘application’’ for ‘‘petition’’ and ‘‘applicant’’ for ‘‘petitioner’’. 1968—Pub. L. 90–633 substituted reference to excep- tion provided in sections 1439 and 1440 of this title for