Title 8 — Aliens and Nationality
Part II · Chapter 12 — Immigration and Nationality
§ 1429. Prerequisite to naturalization; burden of proof
Statutory text
Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),1 and except as provided in sections 1439 and 1440 of this title no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: Provided, That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for naturalization as required by this subchapter.
Footnotes
- 1 See References in Text note below.
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. § 1429
June 27, 1952, ch. 477, title III, ch. 2, § 318, 66 Stat. 244
Source evidence
Code source credit
June 27, 1952, ch. 477, title III, ch. 2, § 318, 66 Stat. 244Pub. L. 90–633 § 4 · 82 Stat. 1343
Substituted · 8 U.S.C. § 1429
Pub. L. 90–633 substituted reference to exception provided in sections 1439 and 1440 of this title for reference to exception provided in sections 1438 and 1439 of this title
Source evidence
Code amendment note
Pub. L. 90–633 substituted reference to exception provided in sections 1439 and 1440 of this title for reference to exception provided in sections 1438 and 1439 of this title.Enacted provision · exact public law section
Sec. 4. The third sentence of section 318 of the Immigration and Nationality Act (8 U.S.C. 1429) is hereby amended by striking out the language “sections 327 and 328” and substituting in lieu thereof the language “sections 328 and 329”.Immigration Act of 1990
Pub. L. 101–649 § 407(d)(3) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1429
Pub. L. 101–649, § 407(d)(3), in last sentence substituted “considered by the Attorney General” for “finally heard by a naturalization court”
Substituted · 8 U.S.C. § 1429
Pub. L. 101–649, § 407(d)(3), in last sentence substituted “upon the Attorney General” for “upon the naturalization court”
Source evidence
Code amendment note
Pub. L. 101–649, § 407(d)(3), in last sentence substituted “considered by the Attorney General” for “finally heard by a naturalization court” and “upon the Attorney General” for “upon the naturalization court”.Enacted provision · exact public law section
(3) The third sentence of section 318 (8 U.S.C. 1429) is amended— (A) by striking “finally heard by a naturalization court” and inserting “considered by the Attorney General”, and (B) by striking “upon the naturalization court” and inserting “upon the Attorney General” .Immigration Act of 1990
Pub. L. 101–649 § 407(c)(4) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1429
Pub. L. 101–649, § 407(c)(4), substituted “application” for “petition”
Substituted · 8 U.S.C. § 1429
Pub. L. 101–649, § 407(c)(4), substituted “applicant” for “petitioner”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–649, § 407(c)(4), substituted “application” for “petition” and “applicant” for “petitioner”.Enacted provision · exact public law section
(4) Section 318 (8 U.S.C. 1429).Department of Education Appropriations Act, 1997
Pub. L. 104–208 div. C title III § 308(e)(1)(O) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1429
Pub. L. 104–208 substituted “removal” for “deportation”
Substituted · 8 U.S.C. § 1429
Pub. L. 104–208 substituted “canceling” for “suspending”
Source evidence
Code amendment note
Pub. L. 104–208 substituted “removal” for “deportation” wherever appearing and “canceling” for “suspending”.Enacted provision · exact public law section
Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.Effective date note
Amendment by Pub. 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 Pub. L. 104–208, set out as a note under section 1101 of this title.
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This chapter, referred to in text, was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
Section 405(b), referred to in text, is section 405(b) of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a Savings Clause note under section 1101 of this title.
Amendments1968–1996 · 3 rounds
1996
Pub. L. 104–208 substituted “removal” for “deportation” wherever appearing and “canceling” for “suspending”.
1990
Pub. L. 101–649, § 407(d)(3), in last sentence substituted “considered by the Attorney General” for “finally heard by a naturalization court” and “upon the Attorney General” for “upon the naturalization court”.
Pub. L. 101–649, § 407(c)(4), substituted “application” for “petition” and “applicant” for “petitioner”.
1968
Pub. L. 90–633 substituted reference to exception provided in sections 1439 and 1440 of this title for reference to exception provided in sections 1438 and 1439 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see section 309 of Pub. L. 104–208, 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
1952–1996 · 4 acts
- 1952June 27, 1952, ch. 477, title III, ch. 2, § 318, 66 Stat. 244
- 1968Pub. L. 90–633, § 4, , 82 Stat. 1344
- 1990Pub. L. 101–649, title IV, § 407(c)(4), (d)(3), , 104 Stat. 5041
- 1996Pub. L. 104–208, div. C, title III, § 308(e)(1)(O), (15), , 110 Stat. 3009–620, 3009–621.
Show as published
(June 27, 1952, ch. 477, title III, ch. 2, § 318, 66 Stat. 244; Pub. L. 90–633, § 4, , 82 Stat. 1344; Pub. L. 101–649, title IV, § 407(c)(4), (d)(3), , 104 Stat. 5041; Pub. L. 104–208, div. C, title III, § 308(e)(1)(O), (15), , 110 Stat. 3009–620, 3009–621.)