US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1423]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1423. Requirements as to understanding the English 
        language, history, principles and form of government of the 
        United States
        
    (a) No person except as otherwise provided in this subchapter shall 
hereafter be naturalized as a citizen of the United States upon his own 
application who cannot demonstrate--
        (1) an understanding of the English language, including an 
    ability to read, write, and speak words in ordinary usage in the 
    English language: Provided, That the requirements of this paragraph 
    relating to ability to read and write shall be met if the applicant 
    can read or write simple words and phrases to the end that a 
    reasonable test of his literacy shall be made and that no 
    extraordinary or unreasonable condition shall be imposed upon the 
    applicant; and
        (2) a knowledge and understanding of the fundamentals of the 
    history, and of the principles and form of government, of the United 
    States.

    (b)(1) The requirements of subsection (a) of this section shall not 
apply to any person who is unable because of physical or developmental 
disability or mental impairment to comply therewith.
    (2) The requirement of subsection (a)(1) of this section shall not 
apply to any person who, on the date of the filing of the person's 
application for naturalization as provided in section 1445 of this 
title, either--
        (A) is over fifty years of age and has been living in the United 
    States for periods totaling at least twenty years subsequent to a 
    lawful admission for permanent residence, or
        (B) is over fifty-five years of age and has been living in the 
    United States for periods totaling at least fifteen years subsequent 
    to a lawful admission for permanent residence.

    (3) The Attorney General, pursuant to regulations, shall provide for 
special consideration, as determined by the Attorney General, concerning 
the requirement of subsection (a)(2) of this section with respect to any 
person who, on the date of the filing of the person's application for 
naturalization as provided in section 1445 of this title, is over sixty-
five years of age and has been living in the United States for periods 
totaling at least twenty years subsequent to a lawful admission for 
permanent residence.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 312, 66 Stat. 239; Pub. 
L. 95-579, Sec. 3, Nov. 2, 1978, 92 Stat. 2474; Pub. L. 101-649, title 
IV, Sec. 403, Nov. 29, 1990, 104 Stat. 5039; Pub. L. 102-232, title III, 
Sec. 305(m)(2), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103-416, title I, 
Sec. 108(a), Oct. 25, 1994, 108 Stat. 4309.)


                               Amendments

    1994--Pub. L. 103-416 designated existing provisions as subsec. (a), 
struck out ``this requirement shall not apply to any person physically 
unable to comply therewith, if otherwise qualified to be naturalized, or 
to any person who, on the date of the filing of his application for 
naturalization as provided in section 1445 of this title, either (A) is 
over 50 years of age and has been living in the United States for 
periods totaling at least 20 years subsequent to a lawful admission for 
permanent residence, or (B) is over 55 years of age and has been living 
in the United States for periods totaling at least 15 years subsequent 
to a lawful admission for permanent residence: Provided further, That'', 
after ``Provided, That'', substituted ``this paragraph'' for ``this 
section'' after ``requirements of'', and added subsec. (b).
    1991--Pub. L. 102-232 substituted ``application'' for ``petition'' 
in introductory provisions and par. (1).
    1990--Par. (1). Pub. L. 101-649 substituted ``either (A) is over 50 
years of age and has been living in the United States for periods 
totaling at least 20 years subsequent to a lawful admission for 
permanent residence, or (B) is over 55 years of age and has been living 
in the United States for periods totaling at least 15 years subsequent 
to a lawful admission for permanent residence'' for ``is over fifty 
years of age and has been living in the United States for periods 
totaling at least twenty years subsequent to a lawful admission for 
permanent residence''.
    1978--Par. (1). Pub. L. 95-579 substituted ``person who, on the date 
of the filing of his petition for naturalization as provided in section 
1445 of this title, is over fifty years of age and has been living in 
the United States for periods totaling at least twenty years subsequent 
to a lawful admission for permanent residence'' for ``person who, on the 
effective date of this chapter, is over fifty years of age and has been 
living in the United States for periods totaling at least twenty 
years''.


                    Effective Date of 1994 Amendment

    Section 108(c) of Pub. L. 103-416 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect on the 
date of the enactment of this Act [Oct. 25, 1994] and shall apply to 
applications for naturalization filed on or after such date and to such 
applications pending on such date.''


                    Effective Date of 1991 Amendment

    Section 305(m) of Pub. L. 102-232 provided that the amendment made 
by that section is effective as if included in section 407(d) of the 
Immigration Act of 1990, Pub. L. 101-649.


                               Regulations

    Section 108(d) of Pub. L. 103-416 provided that: ``Not later than 
120 days after the date of enactment of this Act [Oct. 25, 1994], the 
Attorney General shall promulgate regulations to carry out section 
312(b)(3) of the Immigration and Nationality Act [8 U.S.C. 1423(b)(3)] 
(as amended by subsection (a)).''

  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.


                     Hmong Veterans' Naturalization

    Pub. L. 106-207, May 26, 2000, 114 Stat. 316, as amended by Pub. L. 
106-415, Nov. 1, 2000, 114 Stat. 1810; Pub. L. 107-77, title I, 
Sec. 112, Nov. 28, 2001, 115 Stat. 765, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `Hmong Veterans' Naturalization Act 
of 2000'.
``SEC. 2. EXEMPTION FROM ENGLISH LANGUAGE REQUIREMENT FOR CERTAIN ALIENS 
        WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN 
        LAOS.
    ``The requirement of paragraph (1) of section 312(a) of the 
Immigration and Nationality Act (8 U.S.C. 1423(a)(1)) shall not apply to 
the naturalization of any person--
        ``(1) who--
            ``(A) was admitted into the United States as a refugee from 
        Laos pursuant to section 207 of the Immigration and Nationality 
        Act (8 U.S.C. 1157); and
            ``(B) served with a special guerrilla unit, or irregular 
        forces, operating from a base in Laos in support of the United 
        States military at any time during the period beginning February 
        28, 1961, and ending September 18, 1978;
        ``(2) who--
            ``(A) satisfies the requirement of paragraph (1)(A); and
            ``(B) was the spouse of a person described in paragraph (1) 
        on the day on which such described person applied for admission 
        into the United States as a refugee; or
        ``(3) who--
            ``(A) satisfies the requirement of paragraph (1)(A); and
            ``(B) is the surviving spouse of a person described in 
        paragraph (1)(B) which described person was killed or died in 
        Laos, Thailand, or Vietnam.
``SEC. 3. SPECIAL CONSIDERATION CONCERNING CIVICS REQUIREMENT FOR 
        CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR 
        IRREGULAR FORCES IN LAOS.
    ``The Attorney General shall provide for special consideration, as 
determined by the Attorney General, concerning the requirement of 
paragraph (2) of section 312(a) of the Immigration and Nationality Act 
(8 U.S.C. 1423(a)(2)) with respect to the naturalization of any person 
described in paragraph (1), (2), or (3) of section 2 of this Act.
``SEC. 4. DOCUMENTATION OF QUALIFYING SERVICE.
    ``A person seeking an exemption under section 2 or special 
consideration under section 3 shall submit to the Attorney General 
documentation of their, or their spouse's, service with a special 
guerrilla unit, or irregular forces, described in section 2(1)(B), in 
the form of--
        ``(1) original documents;
        ``(2) an affidavit of the serving person's superior officer;
        ``(3) two affidavits from other individuals who also were 
    serving with such a special guerrilla unit, or irregular forces, and 
    who personally knew of the person's service; or
        ``(4) other appropriate proof.
``SEC. 5. DETERMINATION OF ELIGIBILITY FOR EXEMPTION AND SPECIAL 
        CONSIDERATION.
    ``(a) In determining a person's eligibility for an exemption under 
section 2 or special consideration under section 3, the Attorney 
General--
        ``(1) shall review the refugee processing documentation for the 
    person, or, in an appropriate case, for the person and the person's 
    spouse, to verify that the requirements of section 2 relating to 
    refugee applications and admissions have been satisfied;
        ``(2) shall consider the documentation submitted by the person 
    under section 4;
        ``(3) may request an advisory opinion from the Secretary of 
    Defense regarding the person's, or their spouse's, service in a 
    special guerrilla unit, or irregular forces, described in section 
    2(1)(B); and
        ``(4) may consider any documentation provided by organizations 
    maintaining records with respect to Hmong veterans or their 
    families.
    ``(b) The Secretary of Defense shall provide any opinion requested 
under paragraph (3) to the extent practicable, and the Attorney General 
shall take into account any opinion that the Secretary of Defense is 
able to provide.
``SEC. 6. DEADLINE FOR APPLICATION AND PAYMENT OF FEES.
    ``This Act shall apply to a person only if the person's application 
for naturalization is filed, as provided in section 334 of the 
Immigration and Nationality Act (8 U.S.C. 1445), with appropriate fees 
not later than 36 months after the date of the enactment of this Act 
[May 26, 2000]. In the case of a person described in section 2(3), the 
application referred to in the preceding sentence, and appropriate fees, 
shall be filed not later than 36 months after the date of the enactment 
of this sentence [Nov. 1, 2000].
``SEC. 7. LIMITATION ON NUMBER OF BENEFICIARIES.
    ``Notwithstanding any other provision of this Act, the total number 
of aliens who may be granted an exemption under section 2 or special 
consideration under section 3, or both, may not exceed 45,000.''

                  Section Referred to in Other Sections

    This section is referred to in section 1255a of this title.