§ 1429. Prerequisite to naturalization; burden of proof
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/usc/title-8/section-1429A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as otherwise provided in this subchapter, 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 immigrant 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 provided 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 considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act:
Provided, That the findings of the Attorney General in terminating removal proceedings or in canceling 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 naturalization 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.)
Connections40 cite this · traces to 2
Cited by 40 sections · top 29
U.S. Code
- § 1440Naturalization through active-duty service in the Armed Forces during World War I, World War II, Korean hostilities, Vietnam hostilities, or other periods of military hostilities
- § 1439Naturalization through service in the armed forces
- § 1441Constructive residence through service on certain United States vessels
statutes-at-large
- Public Law 90–631
- Public Law 101–649To amend the Immigration and Nationality Act to change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization, and for other purposes
- Public Law 104–207Waiving certain enrollment requirements with respect to any bill or joint resolution of the One Hundred Fourth Congress making genera) or continuing appropriations for fiscal year 1997
register
- NoticesFinal rule
- Rules and RegulationsProposed rule
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- Rules and RegulationsFinal rule
- Presidential DocumentsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesFinal rule
statute-compilations
bill
- Sec. 304Eliminating the widowed permanent resident’s naturalization penalty
- Sec. 203Terrorist bar to naturalization
- Sec. 203Terrorist bar to naturalization
- Sec. 203Terrorist bar to naturalization
- Sec. 304Eliminating the widowed permanent resident’s naturalization penalty
- Sec. 203Terrorist bar to naturalization
- Sec. 203Terrorist bar to naturalization
- Sec. 304Eliminating the widowed permanent resident’s naturalization penalty
- Sec. 7Prerequisite for naturalization
- Sec. 6Prerequisite for naturalization
- Sec. 623Prohibition on judicial review of naturalization applications for aliens in removal proceedings
- Sec. 1623Prohibition on judicial review of naturalization applications for aliens in removal proceedings
- Sec. 6Prerequisite for naturalization
- Sec. 6Prerequisite for naturalization
- Sec. 6Prerequisite for naturalization
Traces to 2 documents
18 references not yet in our index
- 1
- June 27, 1952, ch. 477
- 66 Stat. 244
- Pub. L. 90–633, § 4
- 82 Stat. 1344
- Pub. L. 101–649, title IV, § 407(c)(4)
- 104 Stat. 5041
- Pub. L. 104–208, div. C, title III, § 308(e)(1)(O)
- 110 Stat. 3009–620
- act June 27, 1952, ch. 477
- 66 Stat. 163
- act June 27, 1952, ch. 477, title IV
- 66 Stat. 280
- Pub. L. 104–208
- Pub. L. 101–649, § 407(d)(3)
- Pub. L. 101–649, § 407(c)(4)
- Pub. L. 90–633
- section 309 of Pub. L. 104–208
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cites case law
§ 1429
Prerequisite to naturalization; burden of proof
Bills×15
Fed. Reg.×11
U.S.C.×6
Stat.×5
Stat. Comp.×3
Cite1
ActJune 27, 1952, ch. 477
Stat.66 Stat. 244
Pub. L.Pub. L. 90–633, § 4
Stat.82 Stat. 1344
Cites 20 · showing 7Cited by 40 across 5 sources