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119th Congress

Title 8 — Aliens and Nationality

Part II · Chapter 12 — Immigration and Nationality

§ 1452. Certificates of citizenship or U.S. non-citizen national status; procedure

Statutory text

(a)

Application to Attorney General for certificate of citizenship; proof; oath of allegiance

A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended (54 Stat. 1138), or of the Act of (48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of this title, or under the provisions of the Act of (50 Stat. 558), or under the provisions of section 203 or 205 of the Nationality Act of 1940 (54 Stat. 1139), or under the provisions of section 1403 of this title, may apply to the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the applicant is a citizen, and that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if such individual is at the time within the United States.

(b)

Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegiance

A person who claims to be a national, but not a citizen, of the United States may apply to the Secretary of State for a certificate of non-citizen national status. Upon—

(1)

proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States, and

(2)

in the case of such a person born outside of the United States or its outlying possessions, taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization,

the individual shall be furnished by the Secretary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its outlying possessions.

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. § 1452

    June 27, 1952, ch. 477, title III, ch. 2, § 341, 66 Stat. 263

    Source evidence

    Code source credit
    June 27, 1952, ch. 477, title III, ch. 2, § 341, 66 Stat. 263

  2. Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 18(p) · 95 Stat. 1611

    Substituted · 8 U.S.C. § 1452

    Pub. L. 97–116 substituted “(c), (d), (e), or (g) of section 1401” for “(3), (4), (5), or (7) of section 1401(a)”

    Source evidence

    Code amendment note
    Pub. L. 97–116 substituted “(c), (d), (e), or (g) of section 1401” for “(3), (4), (5), or (7) of section 1401(a)”.

    Enacted provision · exact public law section
    (p) Section 341 (8 U.S.C. 1452) is amended by striking out “(3), (4), (5), or (7) of section 301(a)” and inserting in lieu thereof “(c), (d), (e), or (g) of section 301”.

  3. Pub. L. 99–396 § 16(a)(1) · 100 Stat. 837

    Inserted · 8 U.S.C. § 1452

    Pub. L. 99–396, § 16(a)(1), inserted reference to certificates of non-citizen national status in section catchline

    Source evidence

    Code amendment note
    Pub. L. 99–396, § 16(a)(1), inserted reference to certificates of non-citizen national status in section catchline.

    Enacted provision · exact public law section
    (1) in the heading, by inserting “or u.s. non-citizen national status” after “citizenship”,

  4. Pub. L. 99–396 § 16(a)(2) · 100 Stat. 837

    1. Amended · 8 U.S.C. § 1452(a); 8 U.S.C. § 1452(b)

      Pub. L. 99–396, § 16(a)(2), (3), designated existing provisions as subsec. (a)

    2. Added · 8 U.S.C. § 1452(a); 8 U.S.C. § 1452(b)

      Pub. L. 99–396, § 16(a)(2), (3), added subsec. (b)

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 99–396, § 16(a)(2), (3), designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (2) by inserting “(a)” after “Sec. 341.”, and

  5. Immigration and Nationality Act Amendments of 1986

    Pub. L. 99–653 § 22 · 100 Stat. 3655

    1. Amended · 8 U.S.C. § 1452(c)

      Pub. L. 99–653, as amended by Pub. L. 100–525

    2. Added · 8 U.S.C. § 1452(c)

      Pub. L. 99–653, as added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–653, as amended by Pub. L. 100–525, added subsec. (c).

    Enacted provision · exact public law section
    Sec. 22. issuance of certificates of citizenship for children adopted by united states citizens Section 341 of the Immigration and Nationality Act (8 U.S.C. 1452) is amended— (1) by inserting “(a)” after “341.”, and (2) by adding at the end the following new subsection: “(b) (1) The adoptive citizen parent or parents of a child described in paragraph (2) may apply to the Attorney General for a certificate of citizenship for the child. Upon proof to the satisfaction of the Attorney General that the applicant and spouse, if married, are citizens of the United States, whether by birth or by naturalization, and that the child is described in paragraph (2), the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship, but only if the child is at the time within the United States. “(2) A child described in this paragraph is a child born outside of the United States who— “(A) is under the age of 18 years, “(B) is adopted before the child reached the age of 16 years by a parent who is a citizen of the United States, either by birth or naturalization, and “(C) is residing in the United States in the custody of the adopting citizen parent, pursuant to a lawful admission for permanent residence.”.

  6. Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 8(q) · 102 Stat. 2609

    Amended · 8 U.S.C. § 1452(c)

    Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below.

    Enacted provision · exact public law section
    (8) In subsection (e)(1)(A)(ii), strike the first comma.

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

    Substituted · 8 U.S.C. § 1452(a)

    Pub. L. 102–232 substituted “an applicant” for “a petitioner”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–232 substituted “an applicant” for “a petitioner”.

    Enacted provision · exact public law section
    (8) Section 341(a) of the INA is amended by striking “a 8 USC 1452. petitioner” and inserting “an applicant”.

  8. Immigration and Nationality Technical Corrections Act of 1994

    Pub. L. 103–416 title I § 102(b) · 108 Stat. 4305

    Struck · 8 U.S.C. § 1452(c)

    Pub. L. 103–416 struck out subsec. (c) which related to application to Attorney General for certificate of citizenship for adopted child

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–416 struck out subsec. (c) which related to application to Attorney General for certificate of citizenship for adopted child.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Subsection (c) of section 341 of such Act (8 U.S.C. 1452) is repealed.

    Effective date note
    Amendment by Pub. L. 103–416 effective on the first day of the first month beginning more than 120 days after Oct. 25, 1994, see section 102(d) of Pub. L. 103–416, set out as a note under section 1433 of this act.

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 1993 of the Revised Statutes, referred to in subsec. (a), which was classified to section 6 of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172.

The Nationality Act of 1940, referred to in subsec. (a), is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, as amended. Sections 201, 203, and 205 of the Nationality Act of 1940, which were classified to sections 601, 603, and 605, respectively, of this title, were repealed by section 403(a)(42) of act .

Act (48 Stat. 667), referred to in subsec. (a), which was classified to sections 3b and 3c of this title, was omitted from the Code.

Act , referred to in subsec. (a), which was classified to sections 5d and 5e of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172.

This chapter, referred to in subsecs. (a) and (b)(2), 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.

Amendments1981–1994 · 5 rounds

1994

Subsec. (c). Pub. L. 103–416 struck out subsec. (c) which related to application to Attorney General for certificate of citizenship for adopted child.

1991

Subsec. (a). Pub. L. 102–232 substituted “an applicant” for “a petitioner”.

1988

Subsec. (c). Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below.

1986

Pub. L. 99–396, § 16(a)(1), inserted reference to certificates of non-citizen national status in section catchline.

Subsecs. (a), (b). Pub. L. 99–396, § 16(a)(2), (3), designated existing provisions as subsec. (a) and added subsec. (b).

Subsec. (c). Pub. L. 99–653, as amended by Pub. L. 100–525, added subsec. (c).

1981

Pub. L. 97–116 substituted “(c), (d), (e), or (g) of section 1401” for “(3), (4), (5), or (7) of section 1401(a)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–416 effective on the first day of the first month beginning more than 120 days after , see section 102(d) of Pub. L. 103–416, set out as a note under section 1433 of this act.

Effective Date of 1991 Amendment

Pub. L. 102–232, title III, § 305(m), , 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.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments 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.

Certificates of Non-Citizen National Status; $35 Limit on Fees for Processing Applications Filed Before End of Fiscal Year 1987

Pub. L. 99–396, § 16(c), , 100 Stat. 843, provided that: “The Secretary of State may not impose a fee exceeding $35 for the processing of an application for a certificate of non-citizen national status under section 341(b) of the Immigration and Nationality Act [8 U.S.C. 1452(b)] filed before the end of fiscal year 1987.”

Credits

1952–1994 · 7 acts
  1. 1952June 27, 1952, ch. 477, title III, ch. 2, § 341, 66 Stat. 263
  2. 1981Pub. L. 97–116, § 18(p), , 95 Stat. 1621
  3. 1986Pub. L. 99–396, § 16(a), , 100 Stat. 843
  4. 1986Pub. L. 99–653, § 22, , 100 Stat. 3658
  5. 1988Pub. L. 100–525, § 8(q), , 102 Stat. 2618
  6. 1991Pub. L. 102–232, title III, § 305(m)(8), , 105 Stat. 1750
  7. 1994Pub. L. 103–416, title I, § 102(b), , 108 Stat. 4307.
Show as published

(June 27, 1952, ch. 477, title III, ch. 2, § 341, 66 Stat. 263; Pub. L. 97–116, § 18(p), , 95 Stat. 1621; Pub. L. 99–396, § 16(a), , 100 Stat. 843; Pub. L. 99–653, § 22, , 100 Stat. 3658; Pub. L. 100–525, § 8(q), , 102 Stat. 2618; Pub. L. 102–232, title III, § 305(m)(8), , 105 Stat. 1750; Pub. L. 103–416, title I, § 102(b), , 108 Stat. 4307.)

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