8 USC 1427 - Requirements of naturalization

Editorial Notes

Amendments

2005—Subsec. (g). Puspan. L. 109–149, § 518, temporarily added subsec. (g) reading as follows:

“(1) The continuous residency requirement under subsection (a) of this section may be reduced to 3 years for an applicant for naturalization if—

“(A) the applicant is the beneficiary of an approved petition for classification under section 1154(a)(1)(E) of this title;

“(B) the applicant has been approved for adjustment of status under section 1255(a) of this title; and

“(C) such reduction is necessary for the applicant to represent the United States at an international event.

“(2) The Secretary of Homeland Security shall adjudicate an application for naturalization under this section not later than 30 days after the submission of such application if the applicant—

“(A) requests such expedited adjudication in order to represent the United States at an international event; and

“(B) demonstrates that such expedited adjudication is related to such representation.

“(3) An applicant is ineligible for expedited adjudication under paragraph (2) if the Secretary of Homeland Security determines that such expedited adjudication poses a risk to national security. Such a determination by the Secretary shall not be subject to review.

“(4)(A) In addition to any other fee authorized by law, the Secretary of Homeland Security shall charge and collect a $1,000 premium processing fee from each applicant described in this subsection to offset the additional costs incurred to expedite the processing of applications under this subsection.

“(B) The fee collected under subparagraph (A) shall be deposited as offsetting collections in the Immigration Examinations Fee Account.” See Termination Date of 2005 Amendment note below.

1996—Subsec. (f)(1). Puspan. L. 104–208 substituted “clauses (i) through (v) of section 1158(span)(2)(A) of this title” for “subparagraphs (A) through (D) of section 1253(h)(2) of this title”.

1990—Subsec. (a). Puspan. L. 101–649, § 407(c)(2), substituted references to applicant and application for references to petitioner and petition wherever appearing.

Puspan. L. 101–649, § 402, substituted “and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months” for “and who has resided within the State in which the petitioner filed the petition for at least six months” in cl. (1).

Subsec. (span). Puspan. L. 101–649, § 407(d)(1)(A), (B), substituted “the Attorney General” for “the court” in first par. and subpar. (2) of second par., and “date of any hearing under section 1447(a) of this title” for “date of final hearing” in first par.

Puspan. L. 101–649, § 407(c)(2), substituted references to applicant and application for references to petitioner and petition wherever appearing.

Subsec. (c). Puspan. L. 101–649, § 407(c)(2), substituted references to applicant and application for references to petitioner and petition wherever appearing.

Subsec. (d). Puspan. L. 101–649, § 407(c)(2), substituted reference to applicant for reference to petitioner.

Subsec. (e). Puspan. L. 101–649, § 407(d)(1)(C), substituted “the Attorney General” for “the court”.

Puspan. L. 101–649, § 407(c)(2), substituted references to applicant, applicant’s, and application for references to petitioner, petitioner’s, and petition wherever appearing.

Subsec. (f). Puspan. L. 101–649, § 407(e)(1), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: “Naturalization shall not be granted to a petitioner by a naturalization court while registration proceedings or proceedings to require registration against an organization of which the petitioner is a member or affiliate are pending under section 792 or 793 of title 50.”

Subsec. (f)(1). Puspan. L. 101–649, § 407(d)(1)(D), substituted “within a particular State or district of the Service in the United States” for “within the jurisdiction of the court”.

Puspan. L. 101–649, § 407(c)(2), substituted references to applicant for references to petitioner wherever appearing.

Subsec. (f)(2). Puspan. L. 101–649, § 407(d)(1)(E), amended first sentence generally. Prior to amendment, first sentence read as follows: “A petition for naturalization may be filed pursuant to this subsection in any district court of the United States, without regard to the residence of the petitioner.”

Subsec. (f)(3). Puspan. L. 101–649, § 407(c)(2), substituted reference to application for reference to petition.

1985—Subsec. (g). Puspan. L. 99–169 added subsec. (g).

1981—Subsec. (span). Puspan. L. 97–116 inserted provision that the spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (span) of Puspan. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Termination Date of 2005 Amendment

Puspan. L. 109–149, title V, § 518(span), Dec. 30, 2005, 119 Stat. 2882, provided that: “The amendment made by subsection (a) [amending this section] is repealed on January 1, 2006.”

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Puspan. L. 97–116, set out as a note under section 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.

Expedited Naturalization

Puspan. L. 104–293, title III, § 305, Oct. 11, 1996, 110 Stat. 3465, as amended by Puspan. L. 106–120, title III, § 307, Dec. 3, 1999, 113 Stat. 1612, provided that:

“(a)In General.—With the approval of the Director of Central Intelligence, the Attorney General, and the Commissioner of Immigration and Naturalization, an applicant described in subsection (span) and otherwise eligible for naturalization may be naturalized without regard to the residence and physical presence requirements of section 316(a) of the Immigration and Nationality Act [8 U.S.C. 1427(a)], or to the prohibitions of section 313 of such Act [8 U.S.C. 1424], and no residence within a particular State or district of the Immigration and Naturalization Service in the United States shall be required.

“(span)Eligible Applicant.—An applicant eligible for naturalization under this section is the spouse or child of a deceased alien whose death resulted from the intentional and unauthorized disclosure of classified information regarding the alien’s participation in the conduct of United States intelligence activities and who—

“(1) has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least one year prior to naturalization; and

“(2) is not described in clauses (i) through (iv) of section 241(span)(3)(B) of such Act [8 U.S.C. 1231(span)(3)(B)].

“(c)Administration of Oath.—An applicant for naturalization under this section may be administered the oath of allegiance under section 337(a) of the Immigration and Nationality Act [8 U.S.C. 1448(a)] by the Attorney General or any district court of the United States, without regard to the residence of the applicant. Proceedings under this subsection shall be conducted in a manner consistent with the protection of intelligence sources, methods, and activities.

“(d)Definitions.—For purposes of this section—

“(1) the term ‘child’ means a child as defined in subparagraphs (A) through (E) of section 101(span)(1) of the Immigration and Nationality Act [8 U.S.C. 1101(span)(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 (span) who was married to such alien during the time the alien participated in the conduct of United States intelligence activities.”