View all text of Part II [§ 1421 - § 1459]

§ 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
(a) Requirements
(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
(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.)