Title 8 — Aliens and Nationality
Part II · Chapter 12 — Immigration and Nationality
§ 1438. Former citizens losing citizenship by entering armed forces of foreign countries during World War II
Statutory text
Requirements; oath; certified copies of oath
Any person who, (1) during World War II and while a citizen of the United States, served in the military, air, or naval forces of any country at war with a country with which the United States was at war after , and before , and (2) has lost United States citizenship by reason of entering or serving in such forces, or taking an oath or obligation for the purpose of entering such forces, may, upon compliance with all the provisions of subchapter III of this chapter, except section 1427(a) of this title, and except as otherwise provided in subsection (b), be naturalized by taking before the Attorney General or before a court described in section 1421(b) of this title the oath required by section 1448 of this title. Certified copies of such oath shall be sent by such court to the Department of State and to the Department of Justice and by the Attorney General to the Secretary of State.
Exceptions
No person shall be naturalized under subsection (a) of this section unless he—
is, and has been for a period of at least five years immediately preceding taking the oath required in subsection (a), a person of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States; and
has been lawfully admitted to the United States for permanent residence and intends to reside permanently in the United States.
Status
Any person naturalized in accordance with the provisions of this section, or any person who was naturalized in accordance with the provisions of section 323 of the Nationality Act of 1940, shall have, from and after such naturalization, the status of a native-born, or naturalized, citizen of the United States, whichever status existed in the case of such person prior to the loss of citizenship: Provided, That nothing contained herein, or in any other provision of law, shall be construed as conferring United States citizenship retroactively upon any such person during any period in which such person was not a citizen.
Span of World War II
For the purposes of this section, World War II shall be deemed to have begun on , and to have terminated on .
Inapplicability to certain persons
This section shall not apply to any person who during World War II served in the armed forces of a country while such country was at war with the United States.
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. § 1438
June 27, 1952, ch. 477, title III, ch. 2, § 327, 66 Stat. 248
Source evidence
Code source credit
June 27, 1952, ch. 477, title III, ch. 2, § 327, 66 Stat. 248Immigration Act of 1990
Pub. L. 101–649 title IV § 407(d)(7) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1438(a)
Pub. L. 101–649 substituted “the Attorney General or before a court described in section 1421(b) of this title” for “any naturalization court specified in section 1421(a) of this title”
Inserted · 8 U.S.C. § 1438(a)
Pub. L. 101–649 inserted “and by the Attorney General to the Secretary of State” before period at end
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–649 substituted “the Attorney General or before a court described in section 1421(b) of this title” for “any naturalization court specified in section 1421(a) of this title” and inserted “and by the Attorney General to the Secretary of State” before period at end.Enacted provision · exact public law section
(7) Section 327(a) (8 U.S.C. 1438(a)) is amended— (A) by striking “any naturalization court specified in section 310(a) of this title” and inserting “the Attorney General or before a court described in section 310(b)”; and (B) by inserting “and by the Attorney General to the Secretary of State” after “Department of Justice”.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 323 of the Nationality Act of 1940, referred to in subsec. (c), which was classified to section 723 of this title, was repealed by section 403(a)(42) of act . See subsec. (a) of this section.
Amendments
1990—Subsec. (a). Pub. L. 101–649 substituted “the Attorney General or before a court described in section 1421(b) of this title” for “any naturalization court specified in section 1421(a) of this title” and inserted “and by the Attorney General to the Secretary of State” before period at end.
Statutory Notes and Related Subsidiaries
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, § 327, 66 Stat. 248
- 1990Pub. L. 101–649, title IV, § 407(d)(7), , 104 Stat. 5042.
Show as published
(June 27, 1952, ch. 477, title III, ch. 2, § 327, 66 Stat. 248; Pub. L. 101–649, title IV, § 407(d)(7), , 104 Stat. 5042.)