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Title 8 — Aliens and Nationality

Part II · Chapter 12 — Immigration and Nationality

§ 1428. Temporary absence of persons performing religious duties

Statutory text

Any person who is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or any person who is engaged solely by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States as a missionary, brother, nun, or sister, who (1) has been lawfully admitted to the United States for permanent residence, (2) has at any time thereafter and before filing an application for naturalization been physically present and residing within the United States for an uninterrupted period of at least one year, and (3) has heretofore been or may hereafter be absent temporarily from the United States in connection with or for the purpose of performing the ministerial or priestly functions of such religious denomination, or serving as a missionary, brother, nun, or sister, shall be considered as being physically present and residing in the United States for the purpose of naturalization within the meaning of section 1427(a) of this title, notwithstanding any such absence from the United States, if he shall in all other respects comply with the requirements of the naturalization law. Such person shall prove to the satisfaction of the Attorney General that his absence from the United States has been solely for the purpose of performing the ministerial or priestly functions of such religious denomination, or of serving as a missionary, brother, nun, or sister.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 82–477 · 66 Stat. 609

    Enacted · 8 U.S.C. § 1428

    June 27, 1952, ch. 477, title III, ch. 2, § 317, 66 Stat. 243

    Source evidence

    Code source credit
    June 27, 1952, ch. 477, title III, ch. 2, § 317, 66 Stat. 243

  2. Immigration Act of 1990

    Pub. L. 101–649 § 407(d)(2) · 104 Stat. 4978

    Struck · 8 U.S.C. § 1428

    Pub. L. 101–649, § 407(d)(2), struck out “and the naturalization court” after “Attorney General”

    Source evidence

    Code amendment note
    Pub. L. 101–649, § 407(d)(2), struck out “and the naturalization court” after “Attorney General”.

    Enacted provision · exact public law section
    (2) The second sentence of section 317 (8 U.S.C. 1428) is amended by striking “and the naturalization court”.

  3. Immigration Act of 1990

    Pub. L. 101–649 § 407(c)(3) · 104 Stat. 4978

    Substituted · 8 U.S.C. § 1428

    Pub. L. 101–649, § 407(c)(3), substituted “application” for “petition”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–649, § 407(c)(3), substituted “application” for “petition”.

    Enacted provision · exact public law section
    (3) Section 317 (8 U.S.C. 1428).

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1990—Pub. L. 101–649, § 407(d)(2), struck out “and the naturalization court” after “Attorney General”.

Pub. L. 101–649, § 407(c)(3), substituted “application” for “petition”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after , see section 407 of act , 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.

Credits

1952–1990 · 2 acts
  1. 1952June 27, 1952, ch. 477, title III, ch. 2, § 317, 66 Stat. 243
  2. 1990Pub. L. 101–649, title IV, § 407(c)(3), (d)(2), , 104 Stat. 5041.
Show as published

(June 27, 1952, ch. 477, title III, ch. 2, § 317, 66 Stat. 243; Pub. L. 101–649, title IV, § 407(c)(3), (d)(2), , 104 Stat. 5041.)

Parsed from the official OLRC USLM XML in data/usc_all/usc08.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t8/s1428