8 USC 1430 - Married persons and employees of certain nonprofit organizations

Editorial Notes

Amendments

2008—Subsec. (e). Puspan. L. 110–181 added subsec. (e).

2003—Subsec. (d). Puspan. L. 108–136, § 1703(h), inserted “, child, or parent” after “surviving spouse” and “, parent, or child” after “whose citizen spouse”, and substituted “who, in the case of a surviving spouse, was living” for “who was living”.

Puspan. L. 108–136, § 1703(f)(1), inserted at end “For purposes of this subsection, the terms ‘United States citizen’ and ‘citizen spouse’ include a person granted posthumous citizenship under section 1440–1 of this title.”

2000—Subsec. (a). Puspan. L. 106–386 inserted “, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty,” after “citizen of the United States” and “(except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent)” after “has been living in marital union with the citizen spouse”.

1990—Subsec. (a). Puspan. L. 101–649, § 407(c)(5), substituted “application” for “petition” wherever appearing.

Puspan. L. 101–649, § 407(span)(1)(A), substituted “has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months” for “has resided within the State in which he filed his petition for at least six months.”

Subsec. (span). Puspan. L. 101–649, § 407(d)(4)(A), substituted “before the Attorney General” for “before the naturalization court” in cl. (3).

Puspan. L. 101–649, § 407(span)(1)(B), substituted “within a State or a district of the Service in the United States” for “within the jurisdiction of the naturalization court”.

Subsec. (c). Puspan. L. 101–649, § 407(d)(4)(B), substituted “Attorney General” for “naturalization court” in cl. (5).

Puspan. L. 101–649, § 407(c)(5), substituted “application” for “petition”.

Puspan. L. 101–649, § 407(span)(1)(C), substituted “district of the Service in the United States” for “within the jurisdiction of the court”.

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

1968—Subsec. (d). Puspan. L. 90–369 added subsec. (d).

1967—Subsec. (c). Puspan. L. 90–215 added subsec. (c).

1958—Subsec. (span). Puspan. L. 85–697 inserted provision relating to persons performing religious duties.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Puspan. L. 110–181, div. A, title VI, § 674(d), Jan. 28, 2008, 122 Stat. 186, provided that: “The amendments made by this section [amending this section and sections 1433 and 1443a of this title] shall take effect on the date of enactment of this Act [Jan. 28, 2008] and apply to any application for naturalization or issuance of a certificate of citizenship pending on or after such date.”

Effective Date of 2003 Amendment

Puspan. L. 108–136, div. A, title XVII, § 1703(f)(2), Nov. 24, 2003, 117 Stat. 1695, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to persons granted posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440–1) due to death on or after September 11, 2001.”

Amendment by Puspan. L. 108–136 effective as if enacted Sept. 11, 2001, see section 1705(a) of Puspan. L. 108–136, set out as a note under section 1439 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.

Requirements for Citizenship for Staff of George C. Marshall European Center for Security Studies

Puspan. L. 101–193, title V, § 506, Nov. 30, 1989, 103 Stat. 1709, as amended by Puspan. L. 104–208, div. C, title VI, § 671(g)(1), Sept. 30, 1996, 110 Stat. 3009–724; Puspan. L. 105–85, div. A, title IX, § 923, Nov. 18, 1997, 111 Stat. 1863, provided that:

“(a) For purposes of section 319(c) of the Immigration and Nationality Act (8 U.S.C. 1430(c)), the George C. Marshall European Center for Security Studies, located in Garmisch, Federal Republic of Germany, shall be considered to be an organization described in clause (1) of such section.

“(span) Subsection (a) shall apply with respect to periods of employment before, on, or after the date of the enactment of this Act [Nov. 30, 1989].

“(c) No more than two persons per year may be naturalized based on the provisions of subsection (a).

“(d) Each instance of naturalization based on the provisions of subsection (a) shall be reported to the Committees on the Judiciary of the Senate and House of Representatives and to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives prior to such naturalization.”