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119th Congress

Title 8 — Aliens and Nationality

Part II · Chapter 12 — Immigration and Nationality

§ 1439. Naturalization through service in the armed forces

Statutory text

(a)

Requirements

A person who has served honorably at any time in the armed forces of the United States for a period or periods aggregating one year, and, who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person’s application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service.

(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)

no residence within a State or district of the Service in the United States shall be required;

(2)

notwithstanding section 1429 of this title insofar as it relates to deportability, such applicant may be naturalized immediately if the applicant be then actually in the Armed Forces of the United States, and if prior to the filing of the application, the applicant shall have appeared before and been examined by a representative of the Service;

(3)

the applicant shall furnish to the Secretary of Homeland Security, prior to any hearing upon his application, a certified statement from the proper executive department for each period of his service upon which he relies for the benefits of this section, clearly showing that such service was honorable and that no discharges from service, including periods of service not relied upon by him for the benefits of this section, were other than honorable (the certificate or certificates herein provided for shall be conclusive evidence of such service and discharge); and

(4)

notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing the application, or for the issuance of a certificate of naturalization upon being granted citizenship, 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)

Periods when not in service

In the case such applicant’s service was not continuous, the applicant’s residence in the United States and State or district of the Service in the United States, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately preceding the date of filing such application between the periods of applicant’s service in the Armed Forces, shall be alleged in the application filed under the provisions of subsection (a) of this section, and proved at any hearing thereon. Such allegation and proof shall also be made as to any period between the termination of applicant’s service and the filing of the application for naturalization.

(d)

Residence requirements

The applicant shall comply with the requirements of section 1427(a) of this title, if the termination of such service has been more than six months preceding the date of filing the application for naturalization, except that such service within five years immediately preceding the date of filing such application shall be considered as residence and physical presence within the United States.

(e)

Moral character

Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of section 1427(a) of this title.

(f)

Revocation

Citizenship granted pursuant to this section may be revoked in accordance with section 1451 of this title if the person is separated from the Armed Forces under other than honorable conditions before the person has served honorably for a period or periods aggregating five years. Such ground for revocation shall be in addition to any other provided by law, including the grounds described in section 1451 of this title. The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation. Any period or periods of service shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service.

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. § 1439

    June 27, 1952, ch. 477, title III, ch. 2, § 328, 66 Stat. 249

    Source evidence

    Code source credit
    June 27, 1952, ch. 477, title III, ch. 2, § 328, 66 Stat. 249

  2. Pub. L. 90–633 § 5 · 82 Stat. 1343

    Inserted · 8 U.S.C. § 1439(b)(2)

    Pub. L. 90–633 inserted reference to section 1429 of this title as it relates to deportability

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 90–633 inserted reference to section 1429 of this title as it relates to deportability.

    Enacted provision · exact public law section
    Sec. 5. Section 328(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1439) is hereby amended by inserting after the word “notwithstanding” the language “section 318 insofar as it relates to deportability and”.

  3. Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 15(e) · 95 Stat. 1611

    Struck · 8 U.S.C. § 1439(b)(2)

    Pub. L. 97–116 struck out “and section 1447(c) of this title” after “relates to deportability” and “and the witnesses” after “petition, the petitioner”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 97–116 struck out “and section 1447(c) of this title” after “relates to deportability” and “and the witnesses” after “petition, the petitioner”.

    Enacted provision · exact public law section
    (e) Section 328(b)(2) (8 U.S.C. 1439(b)(2)) is amended by striking out “and section 336(c)” and “and the witnesses”.

  4. Immigration Act of 1990

    Pub. L. 101–649 § 407(b)(4)(A) · 104 Stat. 4978

    1. Substituted · 8 U.S.C. § 1439(a)

      Pub. L. 101–649, § 407(b)(4)(A), (c)(10), substituted “State or district of the Service in the United States” for “State” references to applicant and application for references to petitioner and petition wherever appearing

    2. Substituted · 8 U.S.C. § 1439(a)

      Pub. L. 101–649, § 407(b)(4)(A), (c)(10), substituted “for at least three months” for “for at least six months” references to applicant and application for references to petitioner and petition wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–649, § 407(b)(4)(A), (c)(10), substituted “State or district of the Service in the United States” for “State”, “for at least three months” for “for at least six months”, and references to applicant and application for references to petitioner and petition wherever appearing.

    Enacted provision · exact public law section
    (A) in subsection (a)— (i) by inserting “or district of the Service in the United States” after “State”, and (ii) by striking “for at least six months” and inserting “for at least three months”;

  5. Immigration Act of 1990

    Pub. L. 101–649 § 407(b)(4)(B) · 104 Stat. 4978

    1. Amended · 8 U.S.C. § 1439(b)

      Pub. L. 101–649, § 407(b)(4)(B), (c)(10), (d)(8), as amended by Pub. L. 102–232

    2. Substituted · 8 U.S.C. § 1439(b)

      Pub. L. 101–649, § 407(b)(4)(B), (c)(10), (d)(8), as substituted “within a State or district of the Service in the United States” for “within the jurisdiction of the court” in par. (3), and references to applicant and application for references to petitioner and petition wherever appearing

    3. Substituted · 8 U.S.C. § 1439(b)

      Pub. L. 101–649, § 407(b)(4)(B), (c)(10), (d)(8), as substituted “any hearing” for “the final hearing” in par. (3), and references to applicant and application for references to petitioner and petition wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–649, § 407(b)(4)(B), (c)(10), (d)(8), as amended by Pub. L. 102–232, substituted “within a State or district of the Service in the United States” for “within the jurisdiction of the court” in par. (1), “any hearing” for “the final hearing” in par. (3), and references to applicant and application for references to petitioner and petition wherever appearing.

    Enacted provision · exact public law section
    (B) in subsection (b)(1), by striking “within the jurisdiction of the court” and inserting “within a State or district of the Service in the United States”; and

  6. Immigration Act of 1990

    Pub. L. 101–649 § 407(b)(4)(C) · 104 Stat. 4978

    1. Amended · 8 U.S.C. § 1439(c)

      Pub. L. 101–649, § 407(b)(4)(C), (c)(10), (d)(8), as amended by Pub. L. 102–232

    2. Substituted · 8 U.S.C. § 1439(c)

      Pub. L. 101–649, § 407(b)(4)(C), (c)(10), (d)(8), as substituted “State or district of the Service in the United States” for “State” references to applicant’s and application for references to petitioner’s and petition wherever appearing

    3. Substituted · 8 U.S.C. § 1439(c)

      Pub. L. 101–649, § 407(b)(4)(C), (c)(10), (d)(8), as substituted “any hearing” for “the final hearing” references to applicant’s and application for references to petitioner’s and petition wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–649, § 407(b)(4)(C), (c)(10), (d)(8), as amended by Pub. L. 102–232, substituted “State or district of the Service in the United States” for “State”, “any hearing” for “the final hearing”, and references to applicant’s and application for references to petitioner’s and petition wherever appearing.

    Enacted provision · exact public law section
    (C) in subsection (c), by inserting “or district of the Service in the United States” after “State”.

  7. Immigration Act of 1990

    Pub. L. 101–649 § 407(c)(10) · 104 Stat. 4978

    Substituted · 8 U.S.C. § 1439(d)

    Pub. L. 101–649, § 407(c)(10), substituted references to applicant and application for references to petitioner and petition wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–649, § 407(c)(10), substituted references to applicant and application for references to petitioner and petition wherever appearing.

    Enacted provision · exact public law section
    (10) Section 328 (8 U.S.C. 1439).

  8. Pub. L. 102–232 title III § 305(c) · 105 Stat. 1733

    Amended · 8 U.S.C. § 1439(b); 8 U.S.C. § 1439(c)

    Pub. L. 102–232 amended directory language of Pub. L. 101–649, § 407(d)(8). See 1990 Amendment notes below

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 102–232 amended directory language of Pub. L. 101–649, § 407(d)(8). See 1990 Amendment notes below.

    Enacted provision · exact public law section
    (c) Section 407(d)(8) of the Immigration Act of 1990 is amended 8 USC 1439. by striking “Section 328(c) (8 U.S.C. 1439(c)) is amended” and inserting “Subsections (b)(3) and (c) of section 328 (8 U.S.C. 1439) are amended”.

  9. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1701(a) · 117 Stat. 1392

    Substituted · 8 U.S.C. § 1439(a)

    Pub. L. 108–136, § 1701(a), substituted “one year,” for “three years,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–136, § 1701(a), substituted “one year,” for “three years,”.

    Enacted provision · exact public law section
    (a) Reduction of Period for Required Service.— Section 328(a) of the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by striking “three years,” and inserting “one year,”.

    Effective date note
    Pub. L. 108–136, div. A, title XVII, § 1701(c)(2), Nov. 24, 2003, 117 Stat. 1692, provided that: “The amendments made by paragraph (1) [amending this section and section 1440 of this title] shall apply to citizenship granted on or after the date of the enactment of this Act [Nov. 24, 2003].” Pub. L. 108–136, div. A, title XVII, § 1705, Nov. 24, 2003, 117 Stat. 1696, provided that:

  10. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1701(f) · 117 Stat. 1392

    Substituted · 8 U.S.C. § 1439(b)(3)

    Pub. L. 108–136, § 1701(f), substituted “Secretary of Homeland Security” for “Attorney General”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 108–136, § 1701(f), substituted “Secretary of Homeland Security” for “Attorney General”.

    Enacted provision · exact public law section
    (f) Technical and Conforming Amendment.— Section 328(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) is amended by striking “Attorney General” and inserting “Secretary of Homeland Security”.

    Effective date note
    Pub. L. 108–136, div. A, title XVII, § 1701(c)(2), Nov. 24, 2003, 117 Stat. 1692, provided that: “The amendments made by paragraph (1) [amending this section and section 1440 of this title] shall apply to citizenship granted on or after the date of the enactment of this Act [Nov. 24, 2003].” Pub. L. 108–136, div. A, title XVII, § 1705, Nov. 24, 2003, 117 Stat. 1696, provided that:

  11. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1701(b)(1)(A) · 117 Stat. 1392

    1. Substituted · 8 U.S.C. § 1439(b)(3)

      Pub. L. 108–136, § 1701(b)(1)(A), substituted “honorable (the” for “honorable. The”

    2. Substituted · 8 U.S.C. § 1439(b)(3)

      Pub. L. 108–136, § 1701(b)(1)(A), substituted “discharge); and” for “discharge.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–136, § 1701(b)(1)(A), substituted “honorable (the” for “honorable. The” and “discharge); and” for “discharge.”

    Enacted provision · exact public law section
    (A) in paragraph (3)— (i) by striking “honorable. The” and inserting “honorable (the”; and (ii) by striking “discharge.” and inserting “discharge); and”; and

    Effective date note
    Pub. L. 108–136, div. A, title XVII, § 1701(c)(2), Nov. 24, 2003, 117 Stat. 1692, provided that: “The amendments made by paragraph (1) [amending this section and section 1440 of this title] shall apply to citizenship granted on or after the date of the enactment of this Act [Nov. 24, 2003].” Pub. L. 108–136, div. A, title XVII, § 1705, Nov. 24, 2003, 117 Stat. 1696, provided that:

  12. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1701(b)(1)(B) · 117 Stat. 1392

    Added · 8 U.S.C. § 1439(b)(4)

    Pub. L. 108–136, § 1701(b)(1)(B), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 108–136, § 1701(b)(1)(B), added par. (4).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing the application, or for the issuance of a certificate of naturalization upon being granted citizenship, 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.” ; and

    Effective date note
    Pub. L. 108–136, div. A, title XVII, § 1701(c)(2), Nov. 24, 2003, 117 Stat. 1692, provided that: “The amendments made by paragraph (1) [amending this section and section 1440 of this title] shall apply to citizenship granted on or after the date of the enactment of this Act [Nov. 24, 2003].” Pub. L. 108–136, div. A, title XVII, § 1705, Nov. 24, 2003, 117 Stat. 1696, provided that:

  13. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1701(c)(1)(A) · 117 Stat. 1392

    Added · 8 U.S.C. § 1439(f)

    Pub. L. 108–136, § 1701(c)(1)(A), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 108–136, § 1701(c)(1)(A), added subsec. (f).

    Enacted provision · exact public law section
    (A) by adding at the end of section 328 the following: “(f) Citizenship granted pursuant to this section may be revoked in accordance with section 340 if the person is separated from the Armed Forces under other than honorable conditions before the person has served honorably for a period or periods aggregating five years. Such ground for revocation shall be in addition to any other provided by law, including the grounds described in section 340. The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation. Any period or periods of service shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service.” ; and

    Effective date note
    Pub. L. 108–136, div. A, title XVII, § 1701(c)(2), Nov. 24, 2003, 117 Stat. 1692, provided that: “The amendments made by paragraph (1) [amending this section and section 1440 of this title] shall apply to citizenship granted on or after the date of the enactment of this Act [Nov. 24, 2003].” Pub. L. 108–136, div. A, title XVII, § 1705, Nov. 24, 2003, 117 Stat. 1696, provided that:

  14. Military Personnel Citizenship Processing Act

    Pub. L. 110–382 § 3(a) · 122 Stat. 4087

    Added · 8 U.S.C. § 1439(g); 8 U.S.C. § 1439(h)

    Pub. L. 110–382, §§ 3(a), 4, temporarily added subsecs. (g) and (h) which related to processing and adjudication of applications for naturalization and required annual reports to Congress on failures to process and adjudicate certain applications within 1 year of filing due to delays in conducting required background checks. See Termination Date of 2008 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 110–382, §§ 3(a), 4, temporarily added subsecs. (g) and (h) which related to processing and adjudication of applications for naturalization and required annual reports to Congress on failures to process and adjudicate certain applications within 1 year of filing due to delays in conducting required background checks. See Termination Date of 2008 Amendment note below.

    Enacted provision · exact public law section
    (a) In General.— Section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) is amended by adding at the end the following: “(g) Not later than 6 months after receiving an application for naturalization filed by a current member of the Armed Forces under subsection (a), section 329(a), or section 329A, by the spouse of such member under section 319(b), or by a surviving spouse or child under section 319(d), United States Citizenship and Immigration Services shall— “(1) process and adjudicate the application, including completing all required background checks to the satisfaction of the Secretary of Homeland Security; or “(2) provide the applicant with— “(A) an explanation for its inability to meet the processing and adjudication deadline under this subsection; and “(B) an estimate of the date by which the application will be processed and adjudicated. “(h) The Reports. Director of United States Citizenship and Immigration Services shall submit an annual report to the Subcommittee on Immigration, Border Security, and Refugees and the Subcommittee on Homeland Security of the Senate and the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and the Subcommittee on Homeland Security of the House of Representatives that identifies every application filed under subsection (a), subsection (b) or (d) of section 319, section 329(a), or section 329A that is not processed and adjudicated within 1 year after it was filed due to delays in conducting required background checks.” .

19 of 20 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1968–2008 · 6 rounds

2008

Subsecs. (g), (h). Pub. L. 110–382, §§ 3(a), 4, temporarily added subsecs. (g) and (h) which related to processing and adjudication of applications for naturalization and required annual reports to Congress on failures to process and adjudicate certain applications within 1 year of filing due to delays in conducting required background checks. See Termination Date of 2008 Amendment note below.

2003

Subsec. (a). Pub. L. 108–136, § 1701(a), substituted “one year,” for “three years,”.

Subsec. (b)(3). Pub. L. 108–136, § 1701(f), substituted “Secretary of Homeland Security” for “Attorney General”.

Pub. L. 108–136, § 1701(b)(1)(A), substituted “honorable (the” for “honorable. The” and “discharge); and” for “discharge.”

Subsec. (b)(4). Pub. L. 108–136, § 1701(b)(1)(B), added par. (4).

Subsec. (f). Pub. L. 108–136, § 1701(c)(1)(A), added subsec. (f).

1991

Subsecs. (b), (c). Pub. L. 102–232 amended directory language of Pub. L. 101–649, § 407(d)(8). See 1990 Amendment notes below.

1990

Subsec. (a). Pub. L. 101–649, § 407(b)(4)(A), (c)(10), substituted “State or district of the Service in the United States” for “State”, “for at least three months” for “for at least six months”, and references to applicant and application for references to petitioner and petition wherever appearing.

Subsec. (b). Pub. L. 101–649, § 407(b)(4)(B), (c)(10), (d)(8), as amended by Pub. L. 102–232, substituted “within a State or district of the Service in the United States” for “within the jurisdiction of the court” in par. (1), “any hearing” for “the final hearing” in par. (3), and references to applicant and application for references to petitioner and petition wherever appearing.

Subsec. (c). Pub. L. 101–649, § 407(b)(4)(C), (c)(10), (d)(8), as amended by Pub. L. 102–232, substituted “State or district of the Service in the United States” for “State”, “any hearing” for “the final hearing”, and references to applicant’s and application for references to petitioner’s and petition wherever appearing.

Subsec. (d). Pub. L. 101–649, § 407(c)(10), substituted references to applicant and application for references to petitioner and petition wherever appearing.

1981

Subsec. (b)(2). Pub. L. 97–116 struck out “and section 1447(c) of this title” after “relates to deportability” and “and the witnesses” after “petition, the petitioner”.

1968

Subsec. (b)(2). Pub. L. 90–633 inserted reference to section 1429 of this title as it relates to deportability.

Statutory Notes and Related Subsidiaries

Termination Date of 2008 Amendment

Amendment by Pub. L. 110–382 repealed 5 years after , see section 4 of Pub. L. 110–382, set out as a note under section 271 of Title 6, Domestic Security.

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title XVII, § 1701(c)(2), , 117 Stat. 1692, provided that: “The amendments made by paragraph (1) [amending this section and section 1440 of this title] shall apply to citizenship granted on or after the date of the enactment of this Act [].”

Pub. L. 108–136, div. A, title XVII, § 1705, , 117 Stat. 1696, provided that:

“(a)

In General.—

Except as provided in subsection (b), this title [enacting section 1443a of this title, amending this section and sections 1430, 1440 and 1440–1 of this title, and enacting provisions set out as notes under this section and sections 1151, 1430, and 1443a of this title] and the amendments made by this title shall take effect as if enacted on .

“(b)

Exception.—

The amendments made by sections 1701(b) (relating to naturalization fees) [amending this section and section 1440 of this title] and 1701(d) (relating to naturalization proceedings overseas) [enacting section 1443a of this title] shall take effect on .”

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–116 effective , see section 21(a) of Pub. L. 97–116, 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

1952–2008 · 7 acts
  1. 1952June 27, 1952, ch. 477, title III, ch. 2, § 328, 66 Stat. 249
  2. 1968Pub. L. 90–633, § 5, , 82 Stat. 1344
  3. 1981Pub. L. 97–116, § 15(e), , 95 Stat. 1619
  4. 1990Pub. L. 101–649, title IV, § 407(b)(4), (c)(10), (d)(8), , 104 Stat. 5040–5042
  5. 1991Pub. L. 102–232, title III, § 305(c), , 105 Stat. 1750
  6. 2003Pub. L. 108–136, div. A, title XVII, § 1701(a), (b)(1), (c)(1)(A), (f), , 117 Stat. 1691, 1692
  7. 2008Pub. L. 110–382, § 3(a), , 122 Stat. 4088.
Show as published

(June 27, 1952, ch. 477, title III, ch. 2, § 328, 66 Stat. 249; Pub. L. 90–633, § 5, , 82 Stat. 1344; Pub. L. 97–116, § 15(e), , 95 Stat. 1619; Pub. L. 101–649, title IV, § 407(b)(4), (c)(10), (d)(8), , 104 Stat. 5040–5042; Pub. L. 102–232, title III, § 305(c), , 105 Stat. 1750; Pub. L. 108–136, div. A, title XVII, § 1701(a), (b)(1), (c)(1)(A), (f), , 117 Stat. 1691, 1692; Pub. L. 110–382, § 3(a), , 122 Stat. 4088.)

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