§ 1440. Naturalization 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
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(a)Requirements 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 of 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, 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, American 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 an application for naturalization under this section if the applicant has previously been naturalized on the basis of the same period of service.
(b)Exceptions A person filing an application under subsection
(a)of this section shall comply in all other respects with the requirements of this subchapter, except that—
(1)he may be naturalized regardless of age, and notwithstanding the provisions of section 1429 of this title as they relate to deportability and the provisions of section 1442 of this title;
(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;
(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; and
(4)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)Revocation Citizenship granted pursuant to this section may be revoked in accordance with section 1451 of this title 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 1451 of this title. 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.
(June 27, 1952, ch. 477, title III, ch. 2, § 329, 66 Stat. 250; Pub. L. 87–301, § 8, Sept. 26, 1961, 75 Stat. 654; Pub. L. 90–633, §§ 1, 2, 6, Oct. 24, 1968, 82 Stat. 1343, 1344; Pub. L. 97–116, § 15(a), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100–525, § 9(y), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101–649, title IV, § 407(b)(5), (c)(11), Nov. 29, 1990, 104 Stat. 5040, 5041; Pub. L. 102–232, title III, § 305(b), Dec. 12, 1991, 105 Stat. 1749; Pub. L. 105–85, div. A, title X, § 1080(a), Nov. 18, 1997, 111 Stat. 1916; Pub. L. 108–136, div. A, title XVII, §§ 1701(b)(2), (c)(1)(B), 1702, Nov. 24, 2003, 117 Stat. 1691–1693.)
Connections152 cite this · traces to 11
Cited by 152 sections · top 60
U.S. Code
- § 1101Definitions
- § 1151Worldwide level of immigration
- § 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
- § 1421Naturalization authority
- § 1439Naturalization through service in the armed forces
- § 1430Married persons and employees of certain nonprofit organizations
- § 1451Revocation of naturalization
- § 1440eExemption from naturalization fees for aliens naturalized through service during Vietnam hostilities or other subsequent period of military hostilities; report by clerks of courts to Attorney General
public-private-law
statutes-at-large
- Public Law 87–301
- Public Law 90–631
- Public Law 102–395Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1993, and for other purposes
- Public Law 80to incorporate The American Legion” is hereby amended to read as follows: " “Sec. 4
- Public Law 97–116To amend the Immigration and Nationality Act, and for other purposes
- Public Law 108–136To authorize appropriations for fiscal year 2004 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 101–249To amend the Immigration and Nationality Act to provide a procedure for an alien who dies while serving on active-duty with the United States armed forces during certain periods of hostilities to be considered a citizen of the United States at the time of the alien’s death
- Public Law 105–85To authorize appropriations for fiscal year 1998 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 100–525To amend the Immigration and Nationality Act to make technical corrections in immigration-related laws
- 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 105–118Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1998, and for other purposes
- Public Law 116–283To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 102–232To amend the Immigration and Nationality Act to restore certain exclusive authority in courts to administer oaths of allegiance for naturalization, to revise provisions relating to O and P nonimmigrants, and to make certain technical corrections relating to the immigration laws
register
- NoticesFinal rule
- Presidential DocumentsTHE WHITE HOUSE
- NoticesProposed rule
- NoticesFinal rule
- NoticesNew and altered systems of records, new routine uses, deletion of obsolete systems of records, revisions, and general housekeeping changes to system of records
- NoticesProposed New Routine Use for Existing System of Records
- Proposed RulesDEPARTMENT OF HOMELAND SECURITY
- NoticesProposed rule
- NoticesNotice of a modified system of records
- UnknownFinal rule
- NoticesNotice of a modified system of records; correction
- NoticesNotice of a modified system of records
- NoticesNotice of a modified system of records
- NoticesProposed routine use
statute-compilations
- Sec. 599AREPORT ON IMPACT OF CHILDREN OF CERTAIN FILIPINO WORLD WAR II VETERANS ON NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMIC AND HUMANITARIAN INTERESTS OF THE UNITED STATES
- Sec. 329naturalization 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
- Sec. 407CONFORMING AMENDMENTS
- Sec. 405NATURALIZATION OF NATIVES OF THE PHILIPPINES THROUGH CERTAIN ACTIVE-DUTY SERVICE DURING WORLD WAR II.24
bill
- Sec. 2322Reunification of certain families of Filipino veterans of World War II
- Sec. 1Granting posthumous citizenship to John Castellano
- Sec. 310Exemption from immigrant visa limit for certain veterans who are natives of Philippines
- Sec. 313Sons and daughters of Filipino World War II veterans
- Sec. 106Exemption from immigrant visa limit for certain veterans who are natives of Philippines
- Sec. 2Facilitating naturalization for military personnel
- Sec. 2Exemption from immigrant visa limit
- Sec. 2Exemption from immigrant visa limit
- Sec. 2322Reunification of certain families of Filipino veterans of World War II
- Sec. 2Exemption from immigrant visa limit
- Sec. 2Exemption from immigrant visa limit
- Sec. 2Facilitating naturalization for military personnel
- Sec. 106Exemption from immigrant visa limit for certain veterans who are natives of Philippines
- Sec. 7Implementation
- Sec. 802Return of noncitizen veterans removed from the United States; status for noncitizen veterans in the United States
- Sec. 806Exemption from immigrant visa limit
- Sec. 2Exemption from immigrant visa limit
- Sec. 7Implementation
- Sec. 2Facilitating naturalization for military personnel
Traces to 11 documents
U.S. Code
- Prerequisite to naturalization; burden of proof§ 1429
- Alien enemies§ 1442
- Revocation of naturalization§ 1451
- Definitions§ 3602
- Hearings on denials of applications for naturalization§ 1447
- Naturalization through service in the armed forces§ 1439
- Definitions§ 1101
- Immigration and Naturalization Service§ 1551
- Investigation of applicants; examination of applications§ 1446
- Naturalization 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§ 1440
- Exemption from naturalization fees for aliens naturalized through service during Vietnam hostilities or other subsequent period of military hostilities; report by clerks of courts to Attorney General§ 1440e
59 references not yet in our index
- June 27, 1952, ch. 477
- 66 Stat. 250
- Pub. L. 87–301, § 8
- 75 Stat. 654
- Pub. L. 90–633
- 82 Stat. 1343
- Pub. L. 97–116, § 15(a)
- 95 Stat. 1619
- Pub. L. 100–525, § 9(y)
- 102 Stat. 2621
- Pub. L. 101–649, title IV, § 407(b)(5)
- 104 Stat. 5040
- Pub. L. 102–232, title III, § 305(b)
- 105 Stat. 1749
- Pub. L. 105–85, div. A, title X, § 1080(a)
- 111 Stat. 1916
- Pub. L. 108–136, div. A, title XVII
- 117 Stat. 1691–1693
- Pub. L. 108–136, § 1702
- Pub. L. 108–136, § 1701(b)(2)
- Pub. L. 108–136, § 1701(c)(1)(B)
- Pub. L. 105–85
- Pub. L. 102–232
- Pub. L. 101–649, § 407(c)(11)
- Pub. L. 101–649, § 407(b)(5)(A)
- Pub. L. 101–649, § 407(b)(5)(B)
- Pub. L. 100–525
- 56 Stat. 182
- 58 Stat. 886
- 59 Stat. 658
- Pub. L. 97–116
- Pub. L. 90–633, § 1
- Pub. L. 90–633, § 6
- Pub. L. 90–633, § 2
- Pub. L. 87–301
- section 1701(c)(1)(B) of Pub. L. 108–136
- section 1701(c)(2) of Pub. L. 108–136
- section 1701(b)(2) of Pub. L. 108–136
- Pub. L. 108–136
- section 1705 of Pub. L. 108–136
+ 19 more
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§ 1440
Naturalization 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
Bills×77
Stat.×23
U.S.C.×21
Fed. Reg.×20
Stat. Comp.×6
C.F.R.×4
Pub. L.×1
ActJune 27, 1952, ch. 477
Stat.66 Stat. 250
Pub. L.Pub. L. 87–301, § 8
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