8 U.S.C. § 1422 — Eligibility for naturalization

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1429 of Title 18, Crimes and Criminal Procedure, and repealing section 1459 of this title], but only if the petition is withdrawn not later than 3 months after the effective date.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.