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.
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. 243Immigration 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”.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
- 1952June 27, 1952, ch. 477, title III, ch. 2, § 317, 66 Stat. 243
- 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.)