§ 1445. Application for naturalization; declaration of intention

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. 1952

   Pub. L. 82–477 · 66 Stat. 609

   Enacted · 8 U.S.C. § 1445

   June 27, 1952, ch. 477, title III, ch. 2, § 334, 66 Stat. 254

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title III, ch. 2, § 334, 66 Stat. 254

2. 1981

   Immigration and Nationality Act Amendments of 1981

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

   Struck · 8 U.S.C. § 1445(a)

   Pub. L. 97–116 struck out “and duly verified by two witnesses,” after “able to write,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–116 struck out “and duly verified by two witnesses,” after “able to write,”.

   Enacted provision · exact public law section
   (b) Section 334(a) (8 U.S.C. 1445(a)) is amended by striking out “and duly verified by two witnesses,”.

3. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 407(d)(12)(A) · 104 Stat. 4978

   Substituted · 8 U.S.C. § 1445

   Pub. L. 101–649, § 407(d)(12)(A), substituted “Application for naturalization; declaration of intention” for “Petition for naturalization” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 101–649, § 407(d)(12)(A), substituted “Application for naturalization; declaration of intention” for “Petition for naturalization” in section catchline.

   Enacted provision · exact public law section
   (A) by amending the heading to read as follows:

   Effective date note
   Amendment by section 305(d), (e) of 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. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

4. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 407(c)(15) · 104 Stat. 4978

   1. Amended · 8 U.S.C. § 1445(a)

      Pub. L. 101–649, § 407(c)(15), (d)(12)(B), as amended by Pub. L. 102–232, § 305(e)

   2. Substituted · 8 U.S.C. § 1445(a)

      Pub. L. 101–649, § 407(c)(15), (d)(12)(B), as substituted “with the Attorney General” for “in the office of the clerk of a naturalization court” wherever appearing

   3. Substituted · 8 U.S.C. § 1445(a)

      Pub. L. 101–649, § 407(c)(15), (d)(12)(B), as substituted “under this subchapter” for “upon the hearing of such petition” wherever appearing

   4. Substituted · 8 U.S.C. § 1445(a)

      Pub. L. 101–649, § 407(c)(15), (d)(12)(B), as substituted “application” for “petition” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–649, § 407(c)(15), (d)(12)(B), as amended by Pub. L. 102–232, § 305(e), substituted “with the Attorney General” for “in the office of the clerk of a naturalization court”, “under this subchapter” for “upon the hearing of such petition”, and “application” for “petition” wherever appearing.

   Enacted provision · exact public law section
   (15) Section 334 (8 U.S.C. 1445).

   Effective date note
   Amendment by section 305(d), (e) of 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. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

5. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 401(b) · 104 Stat. 4978

   Inserted · 8 U.S.C. § 1445(a)

   Pub. L. 101–649, § 401(b), inserted at end “In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–649, § 401(b), inserted at end “In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.”

   Enacted provision · exact public law section
   (b) Filing of Applications.— Section 334(a) (8 U.S.C. 1445(a)) is amended by adding at the end the following new sentence: “In the case of an applicant subject to a requirement of continuous residence under section 316(a) or 319(a), the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.”.

   Effective date note
   Amendment by section 305(d), (e) of 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. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

6. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 407(c)(15) · 104 Stat. 4978

   1. Substituted · 8 U.S.C. § 1445(b)

      Pub. L. 101–649, § 407(c)(15), (d)(12)(C), substituted “application” for “petition” in first sentence

   2. Struck · 8 U.S.C. § 1445(b)

      Pub. L. 101–649, § 407(c)(15), (d)(12)(C), struck out “(1)” before “he shall have attained”, “and (2) he shall have first filed an application therefor at an office of the Service in the form and manner prescribed by the Attorney General” after “eighteen years”, and “petition for” after “An application for”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–649, § 407(c)(15), (d)(12)(C), substituted “application” for “petition” in first sentence, and struck out “(1)” before “he shall have attained”, “and (2) he shall have first filed an application therefor at an office of the Service in the form and manner prescribed by the Attorney General” after “eighteen years”, and “petition for” after “An application for”.

   Enacted provision · exact public law section
   (15) Section 334 (8 U.S.C. 1445).

   Effective date note
   Amendment by section 305(d), (e) of 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. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

7. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 407(d)(12)(F) · 104 Stat. 4978

   1. Added · 8 U.S.C. § 1445(c)(e)

      Pub. L. 101–649, § 407(d)(12)(F), added subsecs. (c) to (e)

   2. Substituted · 8 U.S.C. § 1445(c)(e)

      Pub. L. 101–649, § 407(d)(12)(F), struck out former subsecs. (c) to (e) which related to time to file, substitute filing place, and investigation into reasons for substitute filing place, respectively

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 101–649, § 407(d)(12)(F), added subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which related to time to file, substitute filing place, and investigation into reasons for substitute filing place, respectively.

   Enacted provision · exact public law section
   (F) by striking subsections (c) through (e) and inserting the following: “(c) Hearings under section 336(a) on applications for naturalization shall be held at regular intervals specified by the Attorney General. “(d) Except as provided in subsection (e), an application for naturalization shall be filed in the office of the Attorney General. “(e) A person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the person has an illness or other disability which— “(1) is of a permanent nature and is sufficiently serious to prevent the person’s personal appearance, or “(2) is of a nature which so incapacitates the person as to prevent him from personally appearing.”.

   Effective date note
   Amendment by section 305(d), (e) of 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. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

8. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 407(c)(15) · 104 Stat. 4978

   1. Redesignated · 8 U.S.C. § 1445(f); 8 U.S.C. § 1445(g)

      Pub. L. 101–649, § 407(c)(15), (d)(12)(D), (E), redesignated subsec. (f) as (g)

   2. Substituted · 8 U.S.C. § 1445(f); 8 U.S.C. § 1445(g)

      Pub. L. 101–649, § 407(c)(15), (d)(12)(D), (E), substituted “An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General.” for “Any alien over eighteen years of age who is residing in the United States pursuant to a lawful admission for permanent residence may, upon an application prescribed, filed with, and approved by the Service, make and file in duplicate in the office of the clerk of court, regardless of the alien’s place of residence in the United States, a signed declaration of intention to become a citizen of the United States, in such form as the Attorney General shall prescribe.”

   3. Substituted · 8 U.S.C. § 1445(f); 8 U.S.C. § 1445(g)

      Pub. L. 101–649, § 407(c)(15), (d)(12)(D), (E), substituted “an application” for “a petition” in last sentence

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 101–649, § 407(c)(15), (d)(12)(D), (E), redesignated subsec. (f) as (g), substituted “An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General.” for “Any alien over eighteen years of age who is residing in the United States pursuant to a lawful admission for permanent residence may, upon an application prescribed, filed with, and approved by the Service, make and file in duplicate in the office of the clerk of court, regardless of the alien’s place of residence in the United States, a signed declaration of intention to become a citizen of the United States, in such form as the Attorney General shall prescribe.”, and substituted “an application” for “a petition” in last sentence.

   Enacted provision · exact public law section
   (15) Section 334 (8 U.S.C. 1445).

   Effective date note
   Amendment by section 305(d), (e) of 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. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

9. 1991

   Pub. L. 102–232 § 305(m)(7) · 105 Stat. 1733

   Struck · 8 U.S.C. § 1445(a)

   Pub. L. 102–232, § 305(m)(7), struck out “, in duplicate,” after “file with the Attorney General”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–232, § 305(m)(7), struck out “, in duplicate,” after “file with the Attorney General”.

   Enacted provision · exact public law section
   (7) Section 334(a) of the INA is amended by striking “, in duplicate,”.

   Effective date note
   Amendment by section 305(d), (e) of 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. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

10. 1991

    Pub. L. 102–232 § 305(e) · 105 Stat. 1733

    Changed · 8 U.S.C. § 1445(a)

    Pub. L. 102–232, § 305(e), made technical correction to directory language of Pub. L. 101–649, § 407(d)(12)(B). See 1990 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–232, § 305(e), made technical correction to directory language of Pub. L. 101–649, § 407(d)(12)(B). See 1990 Amendment note below.

    Enacted provision · exact public law section
    (e) Section 407(d)(12)(B) of the Immigration Act of 1990 is amended 8 USC 1445. by adding “and” at the end of clause (i).

    Effective date note
    Amendment by section 305(d), (e) of 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. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

11. 1991

    Pub. L. 102–232 § 305(d) · 105 Stat. 1733

    Redesignated · 8 U.S.C. § 1445(f); 8 U.S.C. § 1445(g)

    Pub. L. 102–232, § 305(d), redesignated subsec. (g) as (f)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 102–232, § 305(d), redesignated subsec. (g) as (f).

    Enacted provision · exact public law section
    (d) Subsection (g) of section 334 of the INA, as redesignated by 8 USC 1445. section 407(d)(12)(E) of the Immigration Act of 1990, is redesignated as subsection (f).

    Effective date note
    Amendment by section 305(d), (e) of 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. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

17 of 18 references resolved to an enrolled provision · 1 partial