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Title 8 — Aliens and Nationality

Part II · Chapter 12 — Immigration and Nationality

§ 1455. Fiscal provisions

Statutory text

(a)

The Attorney General shall charge, collect, and account for fees prescribed by the Attorney General pursuant to section 9701 of title 31 for the following:

(1)

Making, filing, and docketing an application for naturalization, including the hearing on such application, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the Attorney General.

(2)

Receiving and filing a declaration of intention, and issuing a duplicate thereof.

(b)

Notwithstanding the provisions of this chapter or any other law, no fee shall be charged or collected for an application for declaration of intention or a certificate of naturalization in lieu of a declaration or a certificate alleged to have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any time after , and before ; or at any time after , and before ; or who served on the Mexican border as a member of the Regular Army or National Guard between June 1916 and April 1917; or who has served or hereafter serves in the military, air, or naval forces of the United States after , and who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever or refused to wear the uniform, or who was not at any time during such period or thereafter discharged from such military, air, or naval forces on account of alienage.

(c)

Except as provided by section 1356(q)(2) of this title or any other law, all fees collected by the Attorney General shall be deposited by the Attorney General in the Treasury of the United States except that all such fees collected or paid over on or after , shall be deposited in the Immigration Examinations Fee Account established under section 1356(m) of this title: Provided, however, That all fees received by the Attorney General from applicants residing in the Virgin Islands of the United States, and in Guam, under this subchapter, shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively.

(d)

During the time when the United States is at war the Attorney General may not charge or collect a naturalization fee from an alien in the military, air, or naval service of the United States for filing an application for naturalization or issuing a certificate of naturalization upon admission to citizenship.

(e)

In addition to the other fees required by this subchapter, the applicant for naturalization shall, upon the filing of an application for naturalization, deposit with and pay to the Attorney General a sum of money sufficient to cover the expenses of subpenaing and paying the legal fees of any witnesses for whom such applicant may request a subpena, and upon the final discharge of such witnesses, they shall receive, if they demand the same from the Attorney General, the customary and usual witness fees from the moneys which the applicant shall have paid to the Attorney General for such purpose, and the residue, if any, shall be returned by the Attorney General to the applicant.

(f)
(1)

The Attorney General shall pay over to courts administering oaths of allegiance to persons under this subchapter a specified percentage of all fees described in subsection (a)(1) collected by the Attorney General with respect to persons administered the oath of allegiance by the respective courts. The Attorney General, annually and in consultation with the courts, shall determine the specified percentage based on the proportion, of the total costs incurred by the Service and courts for essential services directly related to the naturalization process, which are incurred by courts.

(2)

The Attorney General shall provide on an annual basis to the Committees on the Judiciary of the House of Representatives and of the Senate a detailed report on the use of the fees described in paragraph (1) and shall consult with such Committees before increasing such fees.

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. § 1455

    June 27, 1952, ch. 477, title III, ch. 2, § 344, 66 Stat. 264

    Source evidence

    Code source credit
    June 27, 1952, ch. 477, title III, ch. 2, § 344, 66 Stat. 264

  2. Pub. L. 85–508 § 26 · 72 Stat. 339

    Struck · 8 U.S.C. § 1455(d)

    Pub. L. 85–508 struck out “in Alaska and” before “in the District Court of the Virgin Islands”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 85–508 struck out “in Alaska and” before “in the District Court of the Virgin Islands”.

    Enacted provision · exact public law section
    Sec. 26. Section 344 (d) of the Immigration and Nationality Act (66 Stat. 265, 8 U. S. C., sec. 1455 (d)) is amended by deleting the words “in Alaska and”.

  3. Pub. L. 90–609 § 3 · 82 Stat. 1189

    1. Inserted · 8 U.S.C. § 1455(a)

      Pub. L. 90–609 inserted reference to section 483a of title 31

    2. Substituted · 8 U.S.C. § 1455(a)

      Pub. L. 90–609 substituted provisions making reference to setting of fees by Attorney General for provisions establishing fees of $10 and $5 respectively for covered services

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 90–609 inserted reference to section 483a of title 31 and substituted provisions making reference to setting of fees by Attorney General for provisions establishing fees of $10 and $5 respectively for covered services.

    Enacted provision · exact public law section
    Sec. 3. Section 314 (a), (b), and (g) of such Act (66 Stat. 264 ; 8 U.S.C. 1455) are respectively amended to read as follows: “Sec. 344. (a) The clerk of court shall charge, collect, and account for fees prescribed by the Attorney General pursuant to title V of the Independent Offices Appropriation Act, 1952 (65 Stat. 290) for the following: “(1) Making, filing, and docketing a petition for naturalization, including the final hearing on such petition, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the naturalization court. “(2) Receiving and filing a declaration of intention, and issuing a duplicate thereof. “(b) Notwithstanding the provisions of this Act or any other Jaw, no fee shall be charged or collected for an application for declaration of intention or a certificate of naturalization in lieu of a declaration or a certificate alleged to have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any time after April 20, 1898, and before July 5, 1902; or at any time after April 5, 1917, and before November 12, 1918; or who served on the Mexican border as a member of the Regular Army or National Guard between June 1916 and April 1917; or who has served or hereafter serves in the military, air, or naval forces of the United States after September 16, 1940, and who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever or refused to wear the uniform, or who was not at any time during such period or thereafter discharged from such military, air, or naval forces on account of alienage. “(g) All fees collected by the Attorney General, and all fees paid over to the Attorney General by clerks of courts under the provisions of this title, shall be deposited by the Attorney General in the Treasury of the United States: Provided, however, That all fees received by the Attorney General or by the clerks of the courts from applicants residing in the Virgin Islands of the United States, and in Guam, under this title, shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively.”

  4. Pub. L. 90–609 § 3 · 82 Stat. 1189

    Struck · 8 U.S.C. § 1455(b)

    Pub. L. 90–609 struck out provisions setting fixed dollar amounts for specified services to be charged, collected, and accounted for by Attorney General

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–609 struck out provisions setting fixed dollar amounts for specified services to be charged, collected, and accounted for by Attorney General.

    Enacted provision · exact public law section
    Sec. 3. Section 314 (a), (b), and (g) of such Act (66 Stat. 264 ; 8 U.S.C. 1455) are respectively amended to read as follows: “Sec. 344. (a) The clerk of court shall charge, collect, and account for fees prescribed by the Attorney General pursuant to title V of the Independent Offices Appropriation Act, 1952 (65 Stat. 290) for the following: “(1) Making, filing, and docketing a petition for naturalization, including the final hearing on such petition, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the naturalization court. “(2) Receiving and filing a declaration of intention, and issuing a duplicate thereof. “(b) Notwithstanding the provisions of this Act or any other Jaw, no fee shall be charged or collected for an application for declaration of intention or a certificate of naturalization in lieu of a declaration or a certificate alleged to have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any time after April 20, 1898, and before July 5, 1902; or at any time after April 5, 1917, and before November 12, 1918; or who served on the Mexican border as a member of the Regular Army or National Guard between June 1916 and April 1917; or who has served or hereafter serves in the military, air, or naval forces of the United States after September 16, 1940, and who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever or refused to wear the uniform, or who was not at any time during such period or thereafter discharged from such military, air, or naval forces on account of alienage. “(g) All fees collected by the Attorney General, and all fees paid over to the Attorney General by clerks of courts under the provisions of this title, shall be deposited by the Attorney General in the Treasury of the United States: Provided, however, That all fees received by the Attorney General or by the clerks of the courts from applicants residing in the Virgin Islands of the United States, and in Guam, under this title, shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively.”

  5. Pub. L. 90–609 § 3 · 82 Stat. 1189

    Substituted · 8 U.S.C. § 1455(g)

    Pub. L. 90–609 substituted fees received under this subchapter for fees received under subsec. (b) of this section as description of fees received from applicants residing in the Virgin Islands of the United States and in Guam which are turned over to the treasury of the Virgin Islands and Guam respectively

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 90–609 substituted fees received under this subchapter for fees received under subsec. (b) of this section as description of fees received from applicants residing in the Virgin Islands of the United States and in Guam which are turned over to the treasury of the Virgin Islands and Guam respectively.

    Enacted provision · exact public law section
    Sec. 3. Section 314 (a), (b), and (g) of such Act (66 Stat. 264 ; 8 U.S.C. 1455) are respectively amended to read as follows: “Sec. 344. (a) The clerk of court shall charge, collect, and account for fees prescribed by the Attorney General pursuant to title V of the Independent Offices Appropriation Act, 1952 (65 Stat. 290) for the following: “(1) Making, filing, and docketing a petition for naturalization, including the final hearing on such petition, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the naturalization court. “(2) Receiving and filing a declaration of intention, and issuing a duplicate thereof. “(b) Notwithstanding the provisions of this Act or any other Jaw, no fee shall be charged or collected for an application for declaration of intention or a certificate of naturalization in lieu of a declaration or a certificate alleged to have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any time after April 20, 1898, and before July 5, 1902; or at any time after April 5, 1917, and before November 12, 1918; or who served on the Mexican border as a member of the Regular Army or National Guard between June 1916 and April 1917; or who has served or hereafter serves in the military, air, or naval forces of the United States after September 16, 1940, and who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever or refused to wear the uniform, or who was not at any time during such period or thereafter discharged from such military, air, or naval forces on account of alienage. “(g) All fees collected by the Attorney General, and all fees paid over to the Attorney General by clerks of courts under the provisions of this title, shall be deposited by the Attorney General in the Treasury of the United States: Provided, however, That all fees received by the Attorney General or by the clerks of the courts from applicants residing in the Virgin Islands of the United States, and in Guam, under this title, shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively.”

  6. Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 16 · 95 Stat. 1611

    Substituted · 8 U.S.C. § 1455(c)

    Pub. L. 97–116 substituted “$40,000” for “$6,000” in two places

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–116 substituted “$40,000” for “$6,000” in two places.

    Enacted provision · exact public law section
    Sec. 16. Section 344(c) (8 U.S.C. 1455(c)) is amended by striking out “$6,000” each place it appears and inserting in lieu thereof “$40,000”.

  7. Department of Justice Appropriations Act, 1989

    Pub. L. 100–459 title II § 209(b) · 102 Stat. 2186

    1. Amended · 8 U.S.C. § 1455(g)

      Pub. L. 100–459, as amended by Pub. L. 102–232, § 309(a)(1)(A)(ii)

    2. Inserted · 8 U.S.C. § 1455(g)

      Pub. L. 100–459, as inserted “except that all such fees collected or paid over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under section 1356(m) of this title” after “Treasury of the United States”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 100–459, as amended by Pub. L. 102–232, § 309(a)(1)(A)(ii), inserted “except that all such fees collected or paid over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under section 1356(m) of this title” after “Treasury of the United States”.

    Enacted provision · exact public law section
    (b) Title 8, United States Code, section 1455(g) is amended by inserting after “Treasury of the United States” the following: “except that all fees collected by the Attorney General on or after October 1, 1988, under the provisions of this subchapter, shall be deposited in the ‘Immigration Examinations Fee Account’ in the Treasury of the United States established pursuant to the provisions of sections 286 (m), (n), (o), and (p)”.

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  8. Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 9(ff) · 102 Stat. 2609

    Substituted · 8 U.S.C. § 1455(a)

    Pub. L. 100–525 substituted “section 9701 of title 31” for “title V of the Independent Offices Appropriation Act, 1952 (65 Stat. 290)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–525 substituted “section 9701 of title 31” for “title V of the Independent Offices Appropriation Act, 1952 (65 Stat. 290)” in introductory provisions.

    Enacted provision · exact public law section
    (ff) Section 344(a) of such Act (8 U.S.C. 1455(a)) is amended by striking “title V of the Independent Offices Appropriation Act, 1952 (65 Stat 290)” and inserting “section 9701 of title 31, United States Code”.

  9. Immigration Act of 1990

    Pub. L. 101–649 § 407(d)(19)(A)(i) · 104 Stat. 4978

    1. Amended · 8 U.S.C. § 1455(a)

      Pub. L. 101–649, § 407(d)(19)(A)(i), as amended by Pub. L. 102–232, § 305(l)

    2. Substituted · 8 U.S.C. § 1455(a)

      Pub. L. 101–649, § 407(d)(19)(A)(i), as substituted “The Attorney General” for “The clerk of court”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–649, § 407(d)(19)(A)(i), as amended by Pub. L. 102–232, § 305(l), substituted “The Attorney General” for “The clerk of court”.

    Enacted provision · exact public law section
    (i) by striking “The clerk of the court” and inserting “The Attorney General”,

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  10. Immigration Act of 1990

    Pub. L. 101–649 § 407(c)(20) · 104 Stat. 4978

    1. Substituted · 8 U.S.C. § 1455(a)(1)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(A)(ii), (iii), substituted “an application” for “a petition”

    2. Substituted · 8 U.S.C. § 1455(a)(1)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(A)(ii), (iii), substituted “application” for “petition”

    3. Struck · 8 U.S.C. § 1455(a)(1)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(A)(ii), (iii), struck out “final” before “hearing”

    4. Substituted · 8 U.S.C. § 1455(a)(1)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(A)(ii), (iii), substituted “the Attorney General” for “the naturalization court”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–649, § 407(c)(20), (d)(19)(A)(ii), (iii), substituted “an application” for “a petition” and “application” for “petition”, struck out “final” before “hearing”, and substituted “the Attorney General” for “the naturalization court”.

    Enacted provision · exact public law section
    (20) Section 344 (8 U.S.C. 1455).

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  11. Immigration Act of 1990

    Pub. L. 101–649 § 407(d)(19)(B) · 104 Stat. 4978

    1. Redesignated · 8 U.S.C. § 1455(c)

      Pub. L. 101–649, § 407(d)(19)(B), (C), (F), redesignated subsec. (g) as (c)

    2. Struck · 8 U.S.C. § 1455(c)

      Pub. L. 101–649, § 407(d)(19)(B), (C), (F), struck out “, and all fees paid over to the Attorney General by clerks of courts under the provisions of this subchapter,” before “shall be deposited by” and “or by the clerks of the courts” before “from applicants residing in”

    3. Struck · 8 U.S.C. § 1455(c)

      Pub. L. 101–649, § 407(d)(19)(B), (C), (F), struck out former subsec. (c) which read as follows: “The clerk of any naturalization court specified in subsection (a) of section 1421 of this title (except the courts specified in subsection (d) of this section) shall account for and pay over to the Attorney General one-half of all fees up to the sum of $40,000, and all fees in excess of $40,000, collected by any such clerk in naturalization proceedings in any fiscal year.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–649, § 407(d)(19)(B), (C), (F), redesignated subsec. (g) as (c), struck out “, and all fees paid over to the Attorney General by clerks of courts under the provisions of this subchapter,” before “shall be deposited by” and “or by the clerks of the courts” before “from applicants residing in”, and struck out former subsec. (c) which read as follows: “The clerk of any naturalization court specified in subsection (a) of section 1421 of this title (except the courts specified in subsection (d) of this section) shall account for and pay over to the Attorney General one-half of all fees up to the sum of $40,000, and all fees in excess of $40,000, collected by any such clerk in naturalization proceedings in any fiscal year.”

    Enacted provision · exact public law section
    (B) by striking subsections (c), (d), (e), and (f);

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  12. Immigration Act of 1990

    Pub. L. 101–649 § 407(c)(20) · 104 Stat. 4978

    1. Redesignated · 8 U.S.C. § 1455(d)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (D), (F), redesignated subsec. (h) as (d)

    2. Substituted · 8 U.S.C. § 1455(d)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (D), (F), substituted “the Attorney General may not” for “no clerk of a United States court shall”

    3. Substituted · 8 U.S.C. § 1455(d)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (D), (F), substituted “an application” for “a petition”

    4. Struck · 8 U.S.C. § 1455(d)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (D), (F), struck out before period at end “, 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. A report of all transactions under this subsection shall be made to the Attorney General as in the case of other reports required of clerks of courts by this subchapter”

    5. Struck · 8 U.S.C. § 1455(d)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (D), (F), struck out former subsec. (d) which read as follows: “The clerk of any United States district court (except in the District Court of the Virgin Islands of the United States and in the District Court of Guam) shall account for and pay over to the Attorney General all fees collected by any such clerk in naturalization proceedings: Provided, however, That the clerk of the District Court of the Virgin Islands of the United States and of the District Court of Guam shall report but shall not be required to pay over to the Attorney General the fees collected by any such clerk in naturalization proceedings.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (D), (F), redesignated subsec. (h) as (d), substituted “the Attorney General may not” for “no clerk of a United States court shall” and “an application” for “a petition”, struck out before period at end “, 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. A report of all transactions under this subsection shall be made to the Attorney General as in the case of other reports required of clerks of courts by this subchapter” and struck out former subsec. (d) which read as follows: “The clerk of any United States district court (except in the District Court of the Virgin Islands of the United States and in the District Court of Guam) shall account for and pay over to the Attorney General all fees collected by any such clerk in naturalization proceedings: Provided, however, That the clerk of the District Court of the Virgin Islands of the United States and of the District Court of Guam shall report but shall not be required to pay over to the Attorney General the fees collected by any such clerk in naturalization proceedings.”

    Enacted provision · exact public law section
    (20) Section 344 (8 U.S.C. 1455).

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  13. Immigration Act of 1990

    Pub. L. 101–649 § 407(c)(20) · 104 Stat. 4978

    1. Redesignated · 8 U.S.C. § 1455(e)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (E), (F), redesignated subsec. (i) as (e)

    2. Substituted · 8 U.S.C. § 1455(e)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (E), (F), substituted “an application” for “a petition” wherever appearing

    3. Substituted · 8 U.S.C. § 1455(e)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (E), (F), substituted “applicant” for “petitioner” wherever appearing

    4. Substituted · 8 U.S.C. § 1455(e)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (E), (F), substituted references to Attorney General for references to clerk of court wherever appearing

    5. Struck · 8 U.S.C. § 1455(e)

      Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (E), (F), struck out former subsec. (e) which read as follows: “The accounting required by subsections (c) and (d) of this section shall be made and the fees paid over to the Attorney General by such respective clerks in their quarterly accounts which they are required to render to the Attorney General within thirty days from the close of each quarter of each and every fiscal year, in accordance with regulations prescribed by the Attorney General.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (E), (F), redesignated subsec. (i) as (e), substituted “an application” for “a petition” and “applicant” for “petitioner” wherever appearing, substituted references to Attorney General for references to clerk of court wherever appearing, and struck out former subsec. (e) which read as follows: “The accounting required by subsections (c) and (d) of this section shall be made and the fees paid over to the Attorney General by such respective clerks in their quarterly accounts which they are required to render to the Attorney General within thirty days from the close of each quarter of each and every fiscal year, in accordance with regulations prescribed by the Attorney General.”

    Enacted provision · exact public law section
    (20) Section 344 (8 U.S.C. 1455).

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  14. Immigration Act of 1990

    Pub. L. 101–649 § 407(d)(19)(B) · 104 Stat. 4978

    Struck · 8 U.S.C. § 1455(f)

    Pub. L. 101–649, § 407(d)(19)(B), struck out subsec. (f) which read as follows: “The clerks of the various naturalization courts shall pay all additional clerical force that may be required in performing the duties imposed by this subchapter upon clerks of courts from fees retained under the provisions of this section by such clerks in naturalization proceedings.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–649, § 407(d)(19)(B), struck out subsec. (f) which read as follows: “The clerks of the various naturalization courts shall pay all additional clerical force that may be required in performing the duties imposed by this subchapter upon clerks of courts from fees retained under the provisions of this section by such clerks in naturalization proceedings.”

    Enacted provision · exact public law section
    (B) by striking subsections (c), (d), (e), and (f);

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  15. Immigration Act of 1990

    Pub. L. 101–649 § 407(d)(19)(F) · 104 Stat. 4978

    Redesignated · 8 U.S.C. § 1455(g)(i)

    Pub. L. 101–649, § 407(d)(19)(F), redesignated subsecs. (g) to (i) as (c) to (e), respectively

    Source evidence

    Code amendment note
    Subsecs. (g) to (i). Pub. L. 101–649, § 407(d)(19)(F), redesignated subsecs. (g) to (i) as (c) to (e), respectively.

    Enacted provision · exact public law section
    (F) by redesignating subsections (g), (h), and (i) as subsections (c), (d), and (e), respectively.

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  16. Pub. L. 102–232 § 305 · 105 Stat. 1733

    Changed · 8 U.S.C. § 1455(a)

    Pub. L. 102–232, § 305(l), made technical correction to Pub. L. 101–649, § 407(d)(19)(A)(i). See 1990 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–232, § 305(l), made technical correction to Pub. L. 101–649, § 407(d)(19)(A)(i). See 1990 Amendment note below.

    Enacted provision · exact public law section
    SEC. 305. CORRECTIONS RELATING TO TITLE IV OF THE IMMIGRATION ACT OF 1990. (a) Section 310(b) of the INA, as amended by section 401(a) of the Immigration Act of 1990, is amended by striking “District Court” 8 USC 1421. and inserting “district court”. (b) Section 407(c)(11) of the Immigration Act of 1990 is amended by 8 USC 1440. striking “, other than subsection (d)”. (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”. (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). (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). (f) Section 335(b) of the INA, as amended by section 8 USC 1446. 407(d)(13)(C)(iii) of the Immigration Act of 1990, is amended by striking “District Court” and inserting “district court”. (g) Section 407(d)(14)(D)(i) of the Immigration Act of 1990 is 8 USC 1447. amended by striking “clerk of the court” and inserting “clerk of court”. (h) Section 407(d)(14)(E)(ii) of the Immigration Act of 1990 is amended by striking “persons” and inserting “person”. (i) Section 337(c) of the INA is amended by striking “before”. 8 USC 1448 (j) (1) Section 407(d)(16)(C) of the Immigration Act of 1990 is 8 USC 1449. amended by striking the comma after “venue”. (2) Section 338 of the INA, as amended by section 407(d)(16)(C) of the Immigration Act of 1990, is amended by striking “District” and 8 USC 1449. inserting “district”. (k) Section 340 of the INA, as amended by section 407(d)(18) of the Immigration Act of 1990, is amended— 8 USC 1451. (1) in the first sentence of subsection (a), by striking “District Court” and inserting “district court”, and (2) in the second sentence of subsection (g), by striking “clerk of the court” and inserting “clerk of court”. (l) Section 407(d)(19)(A)(i) of the Immigration Act of 1990 is 8 USC 1455. amended by striking “clerk of the court” and inserting “clerk of court”. (m) Effective as if included in section 407(d) of the Immigration Effective date. Act of 1990: (1) Paragraph (24) of section 101(a) of the INA is repealed. 8 USC 1101. (2) Section 312 of the INA is amended by striking “petition” 8 USC 1423. and inserting “application” each place it appears. (3) The heading of section 322 of the INA is amended by 8 USC 1433. striking “petition” and inserting “application”. (4) The item in the table of contents of the INA relating to section 322 is amended by striking “petition” and inserting “application”. (5) Section 330 of the INA is amended by striking “of this 8 USC 1441. subsection” and inserting “of this section”. (6) Section 332(a) of the INA is amended by striking “petitioners” 8 USC 1443. and inserting “applicants”. (7) Section 334(a) of the INA is amended by striking “, in duplicate,”. (8) Section 341(a) of the INA is amended by striking “a 8 USC 1452. petitioner” and inserting “an applicant”. (n) Section 408(a)(2)(B) of the Immigration Act of 1990 is amended 8 USC 1421 note. by striking “on the date of the enactment of this Act” and inserting “on January 1, 1992”.

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  17. Pub. L. 102–232 § 309(b)(14) · 105 Stat. 1733

    Amended · 8 U.S.C. § 1455(c)

    Pub. L. 102–232, § 309(b)(14), which provided for a clarifying amendment to subsec. (c), could not be executed, because the phrase which was to be amended did not appear after the amendment by Pub. L. 102–232, § 309(a)(1)(A)(ii), see below

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–232, § 309(b)(14), which provided for a clarifying amendment to subsec. (c), could not be executed, because the phrase which was to be amended did not appear after the amendment by Pub. L. 102–232, § 309(a)(1)(A)(ii), see below.

    Enacted provision · exact public law section
    (14) Section 344(c) of the INA, as redesignated by section 407(d)(19)(F) of the Immigration Act of 1990, is amended by striking 8 USC 1455. “of this subchapter” and inserting “of this title”.

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  18. Pub. L. 102–232 § 309(a)(1)(A)(ii) · 105 Stat. 1733

    Amended · 8 U.S.C. § 1455(c)

    Pub. L. 102–232, § 309(a)(1)(A)(ii), amended Pub. L. 100–459. See 1988 Amendment note for subsec. (g) below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–232, § 309(a)(1)(A)(ii), amended Pub. L. 100–459. See 1988 Amendment note for subsec. (g) below.

    Enacted provision · exact public law section
    (ii) by amending subsection (b) to read as follows: 8 USC 1455.

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  19. Pub. L. 102–232 § 102(b)(3) · 105 Stat. 1733

    Added · 8 U.S.C. § 1455(f)

    Pub. L. 102–232, § 102(b)(3), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–232, § 102(b)(3), added subsec. (f).

    Enacted provision · exact public law section
    (3) Fees.— Section 344 of such Act (8 U.S.C. 1455) is amended by adding at the end the following new subsection:

    Effective date note
    Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title. Amendment by section 305(l) 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. Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

  20. An Act divesting intoxicating liquors of their interstate character in certain cases

    Pub. L. 107–273 div. C title I § 11016(1) · 116 Stat. 1758

    Substituted · 8 U.S.C. § 1455(c)

    Pub. L. 107–273 substituted “Except as provided by section 1356(q)(2) of this title or any other law, all” for “All”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–273 substituted “Except as provided by section 1356(q)(2) of this title or any other law, all” for “All”.

    Enacted provision · exact public law section
    (1) in section 344(c) (8 U.S.C. 1455(c)), by striking “All” and inserting “Except as provided by section 286(q)(2) or any other law, all”; and

35 of 36 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), 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.

Amendments1958–2002 · 7 rounds

2002

Subsec. (c). Pub. L. 107–273 substituted “Except as provided by section 1356(q)(2) of this title or any other law, all” for “All”.

1991

Subsec. (a). Pub. L. 102–232, § 305(l), made technical correction to Pub. L. 101–649, § 407(d)(19)(A)(i). See 1990 Amendment note below.

Subsec. (c). Pub. L. 102–232, § 309(b)(14), which provided for a clarifying amendment to subsec. (c), could not be executed, because the phrase which was to be amended did not appear after the amendment by Pub. L. 102–232, § 309(a)(1)(A)(ii), see below.

Pub. L. 102–232, § 309(a)(1)(A)(ii), amended Pub. L. 100–459. See 1988 Amendment note for subsec. (g) below.

Subsec. (f). Pub. L. 102–232, § 102(b)(3), added subsec. (f).

1990

Subsec. (a). Pub. L. 101–649, § 407(d)(19)(A)(i), as amended by Pub. L. 102–232, § 305(l), substituted “The Attorney General” for “The clerk of court”.

Subsec. (a)(1). Pub. L. 101–649, § 407(c)(20), (d)(19)(A)(ii), (iii), substituted “an application” for “a petition” and “application” for “petition”, struck out “final” before “hearing”, and substituted “the Attorney General” for “the naturalization court”.

Subsec. (c). Pub. L. 101–649, § 407(d)(19)(B), (C), (F), redesignated subsec. (g) as (c), struck out “, and all fees paid over to the Attorney General by clerks of courts under the provisions of this subchapter,” before “shall be deposited by” and “or by the clerks of the courts” before “from applicants residing in”, and struck out former subsec. (c) which read as follows: “The clerk of any naturalization court specified in subsection (a) of section 1421 of this title (except the courts specified in subsection (d) of this section) shall account for and pay over to the Attorney General one-half of all fees up to the sum of $40,000, and all fees in excess of $40,000, collected by any such clerk in naturalization proceedings in any fiscal year.”

Subsec. (d). Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (D), (F), redesignated subsec. (h) as (d), substituted “the Attorney General may not” for “no clerk of a United States court shall” and “an application” for “a petition”, struck out before period at end “, 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. A report of all transactions under this subsection shall be made to the Attorney General as in the case of other reports required of clerks of courts by this subchapter” and struck out former subsec. (d) which read as follows: “The clerk of any United States district court (except in the District Court of the Virgin Islands of the United States and in the District Court of Guam) shall account for and pay over to the Attorney General all fees collected by any such clerk in naturalization proceedings: Provided, however, That the clerk of the District Court of the Virgin Islands of the United States and of the District Court of Guam shall report but shall not be required to pay over to the Attorney General the fees collected by any such clerk in naturalization proceedings.”

Subsec. (e). Pub. L. 101–649, § 407(c)(20), (d)(19)(B), (E), (F), redesignated subsec. (i) as (e), substituted “an application” for “a petition” and “applicant” for “petitioner” wherever appearing, substituted references to Attorney General for references to clerk of court wherever appearing, and struck out former subsec. (e) which read as follows: “The accounting required by subsections (c) and (d) of this section shall be made and the fees paid over to the Attorney General by such respective clerks in their quarterly accounts which they are required to render to the Attorney General within thirty days from the close of each quarter of each and every fiscal year, in accordance with regulations prescribed by the Attorney General.”

Subsec. (f). Pub. L. 101–649, § 407(d)(19)(B), struck out subsec. (f) which read as follows: “The clerks of the various naturalization courts shall pay all additional clerical force that may be required in performing the duties imposed by this subchapter upon clerks of courts from fees retained under the provisions of this section by such clerks in naturalization proceedings.”

Subsecs. (g) to (i). Pub. L. 101–649, § 407(d)(19)(F), redesignated subsecs. (g) to (i) as (c) to (e), respectively.

1988

Subsec. (a). Pub. L. 100–525 substituted “section 9701 of title 31” for “title V of the Independent Offices Appropriation Act, 1952 (65 Stat. 290)” in introductory provisions.

Subsec. (g). Pub. L. 100–459, as amended by Pub. L. 102–232, § 309(a)(1)(A)(ii), inserted “except that all such fees collected or paid over on or after , shall be deposited in the Immigration Examinations Fee Account established under section 1356(m) of this title” after “Treasury of the United States”.

1981

Subsec. (c). Pub. L. 97–116 substituted “$40,000” for “$6,000” in two places.

1968

Subsec. (a). Pub. L. 90–609 inserted reference to section 483a of title 31 and substituted provisions making reference to setting of fees by Attorney General for provisions establishing fees of $10 and $5 respectively for covered services.

Subsec. (b). Pub. L. 90–609 struck out provisions setting fixed dollar amounts for specified services to be charged, collected, and accounted for by Attorney General.

Subsec. (g). Pub. L. 90–609 substituted fees received under this subchapter for fees received under subsec. (b) of this section as description of fees received from applicants residing in the Virgin Islands of the United States and in Guam which are turned over to the treasury of the Virgin Islands and Guam respectively.

1958

Subsec. (d). Pub. L. 85–508 struck out “in Alaska and” before “in the District Court of the Virgin Islands”.

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Amendment by section 102(b)(3) of Pub. L. 102–232 effective 30 days after , see section 102(c) of Pub. L. 102–232, set out as a note under section 1421 of this title.

Amendment by section 305(l) 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.

Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102–232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100–459, title II, see section 309(a)(3) of Pub. L. 102–232, as amended, set out as a note under section 1356 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–116 applicable to fiscal years beginning on or after , see section 21(b)(2) 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.

Executive Documents

Admission of Alaska as State

Effectiveness of amendment of this section by Pub. L. 85–508 was dependent on admission of Alaska into the Union under section 8(b) of Pub. L. 85–508. Admission was accomplished on issuance of Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508. See notes preceding former section 21 of Title 48, Territories and Insular Possessions.

Credits

1952–2002 · 9 acts
  1. 1952June 27, 1952, ch. 477, title III, ch. 2, § 344, 66 Stat. 264
  2. 1958Pub. L. 85–508, § 26, , 72 Stat. 351
  3. 1968Pub. L. 90–609, § 3, , 82 Stat. 1200
  4. 1981Pub. L. 97–116, § 16, , 95 Stat. 1619
  5. 1988Pub. L. 100–459, title II, § 209(b), , 102 Stat. 2203
  6. 1988Pub. L. 100–525, § 9(ff), , 102 Stat. 2621
  7. 1990Pub. L. 101–649, title IV, § 407(c)(20), (d)(19), , 104 Stat. 5041, 5046
  8. 1991Pub. L. 102–232, title I, § 102(b)(3), title III, §§ 305(l), 309(a)(1)(A)(ii), (b)(14), , 105 Stat. 1736, 1750, 1758, 1759
  9. 2002Pub. L. 107–273, div. C, title I, § 11016(1), , 116 Stat. 1824.
Show as published

(June 27, 1952, ch. 477, title III, ch. 2, § 344, 66 Stat. 264; Pub. L. 85–508, § 26, , 72 Stat. 351; Pub. L. 90–609, § 3, , 82 Stat. 1200; Pub. L. 97–116, § 16, , 95 Stat. 1619; Pub. L. 100–459, title II, § 209(b), , 102 Stat. 2203; Pub. L. 100–525, § 9(ff), , 102 Stat. 2621; Pub. L. 101–649, title IV, § 407(c)(20), (d)(19), , 104 Stat. 5041, 5046; Pub. L. 102–232, title I, § 102(b)(3), title III, §§ 305(l), 309(a)(1)(A)(ii), (b)(14), , 105 Stat. 1736, 1750, 1758, 1759; Pub. L. 107–273, div. C, title I, § 11016(1), , 116 Stat. 1824.)

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