Sec. 329. naturalization through active-duty service in the armed forces during world war i, world war ii, the korean hostilities, the vietnam hostilities, or in other periods of military hostilities
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## Sec. 329 naturalization through active-duty service in the armed forces during world war i, world war ii, the korean hostilities, the vietnam hostilities, or in other periods of military hostilities **[**[8 U.S.C. 1440](/us/usc/t8/s1440)**]** ### (a)457 Any person who, while an alien or a noncitizen national of the United States, has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during either World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning June 25, 1950, and ending July 1, 1955, or during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as the date of termination of the Vietnam hostilities458, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and who, if separated from such service, was separated under honorable conditions, may be naturalized as provided in this section if
(1)at the time of enlistment, reenlistment, extension of enlistment, or induction such person shall have been in the United States, the Canal Zone, America Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service, whether or not he has been lawfully admitted to the United States for permanent residence, or
(2)at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence. The executive department under which such person served shall determine whether persons have served honorably in an active-duty status, and whether separation from such service was under honorable conditions: *Provided, however,* That no person who is or has been separated from such service on account of alienage, or who was a conscientious objector who performed no military, air, or naval duty whatever or refused to wear the uniform, shall be regarded as having served honorably or having been separated under honorable conditions for the purposes of this section. No period of service in the Armed Forces shall be made the basis of a application for naturalization under this section if the applicant has previously been naturalized on the basis of the same period of service. 457Section 4 of the Act of June 30, 1950, (64 Stat. 316, as amended, 8 U.S.C. 1440 note) provides: “Notwithstanding the dates or periods of service specified and designated in section 329 of the Immigration and Nationality Act, the provisions of that section are applicable to aliens enlisted or reenlisted pursuant to the provisions of this Act and who have completed five or more years of military service, if honorably discharged therefrom. Any alien enlisted or reenlisted pursuant to the provisions of this Act who subsequently enters the United States, American Samoa, Swains Island, or the Canal Zone, pursuant to military orders shall, if otherwise qualified for citizenship, and after completion of five or more years of military service, if honorably discharged therefrom, be deemed to have been lawfully admitted to the United States for permanent residence within the meaning of such section 329(a).” Note that under an agreement between the United States and the Republic of the Philippines of December 13, 1952 **[**TIAS 2931, 5 UST 373; as amended by TIAS 3047, 5 UST 1714, and by TIAS 3067, 5 UST 2006**]**, the United States obtained the right to voluntarily enlist 2,000 Filipinos into the U.S. Navy each year, for four and six year terms and up to 400 Filipinos in the U.S. Coast Guard. See also §405 of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5039), shown in Appendix II.A.1, regarding waiver of clauses
(1)and
(2)of this subsection in the case of certain natives of the Philippines who performed certain active-duty service during World War II. 458For purposes of this section, Vietnam hostilities terminated on October 15, 1978, pursuant to Executive Order 12081 (Sept. 18, 1978). ###
(b)A person filing an application under subsection
(a)of this section shall comply in all other respects with the requirements of this title, except that—459 459Section 3 of the Act of October 24, 1968 (82 Stat. 1343–1344) provides as follows: Sec. 3. Notwithstanding any other provision of law, no clerk of a United States court shall charge or collect a naturalization fee from an alien who has served in the military, air, or naval forces of the United States during a period beginning February 28, 1961, and ending on the date designated by the President by Executive order as the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and who is applying for naturalization during such periods under section 329 of the Immigration and Nationality Act, as amended by this Act, for filing a petition for naturalization or issuing a certificate of naturalization upon his admission to 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 required to be paid to the State shall be charged or collected. A report of all transactions under this section shall be made to the Attorney General as in the case of other reports required of clerks of courts by title III of the Immigration and Nationality Act. ####
(1)he may be naturalized regardless of age, and notwithstanding the provisions of section 318 as they relate to deportability and the provisions of section 331; ####
(2)no period of residence or specified period of physical presence within the United States or any State or district of the Service in the United States shall be required;460 460Section 1701(b)(2) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1691) amended paragraph
(2)by striking “and” at the end, by striking the period at the end of paragraph
(3)and inserting “; and”, and by adding a new paragraph (4). Section 1705(b) of such Act (117 Stat. 1696) provides:
(b)Exception.—The amendments made by sections 1701(b) (relating to naturalization fees) and 1701(d) (relating to naturalization proceedings overseas) shall take effect on October 1, 2004. ####
(3)service in the military, air, or naval forces of the United States shall be proved by a duly authenticated certification from the executive department under which the applicant served or is serving, which shall state whether the applicant served honorably in an active-duty status during either World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning June 25, 1950, and ending July 1, 1955, or during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and was separated from such service under honorable conditions; and460 #### (4)460 notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing a petition for naturalization or for the issuance of a certificate of naturalization upon citizenship being granted to the applicant, 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 required to be paid to the State shall be charged or collected. ###
(c)Citizenship granted pursuant to this section may be revoked in accordance with section 340 if the person is separated from the Armed Forces under other than honorable conditions before the person has served honorably for a period or periods aggregating five years. Such ground for revocation shall be in addition to any other provided by law, including the grounds described in section 340. The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation. Any period or periods of service shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service.
Connectionstraces to 1
7 references not yet in our index
- 64 Stat. 316
- 104 Stat. 5039
- EO 12081
- 82 Stat. 1343
- Pub. L. 108-136
- 117 Stat. 1691
- 117 Stat. 1696
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cites case law
Sec. 329
naturalization through active-duty service in the armed forces during world war i, world war ii, the korean hostilities, the vietnam hostilities, or in other periods of military hostilities
Stat.64 Stat. 316
Stat.104 Stat. 5039
Exec. Ord.EO 12081
Stat.82 Stat. 1343
Pub. L.Pub. L. 108-136
Cites 8 · showing 6Cited by 0 across 0 sources