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: 8USC1426]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1426. Citizenship denied alien relieved of service in Armed 
        Forces because of alienage
        

(a) Permanent ineligibility

    Notwithstanding the provisions of section 405(b) \1\ but subject to 
subsection (c) of this section, any alien who applies or has applied for 
exemption or discharge from training or service in the Armed Forces or 
in the National Security Training Corps of the United States on the 
ground that he is an alien, and is or was relieved or discharged from 
such training or service on such ground, shall be permanently ineligible 
to become a citizen of the United States.
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    \1\ See References in Text note below.
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(b) Conclusiveness of records

    The records of the Selective Service System or of the Department of 
Defense shall be conclusive as to whether an alien was relieved or 
discharged from such liability for training or service because he was an 
alien.

(c) Service in armed forces of foreign country

    An alien shall not be ineligible for citizenship under this section 
or otherwise because of an exemption from training or service in the 
Armed Forces of the United States pursuant to the exercise of rights 
under a treaty, if before the time of the exercise of such rights the 
alien served in the Armed Forces of a foreign country of which the alien 
was a national.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 315, 66 Stat. 242; Pub. 
L. 100-525, Sec. 9(v), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101-649, 
title IV, Sec. 404, Nov. 29, 1990, 104 Stat. 5039.)

                       References in Text

    Section 405(b), referred to in subsec. (a), is section 405(b) of act 
June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a 
Savings Clause note under section 1101 of this title.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-649, Sec. 404(1), inserted ``but 
subject to subsection (c) of this section'' after ``section 405(b)''.
    Subsec. (c). Pub. L. 101-649, Sec. 404(2), added subsec. (c).
    1988--Subsec. (b). Pub. L. 100-525 substituted ``Department of 
Defense'' for ``National Military Establishment''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-649 applicable to exemptions from training 
or service obtained before, on, or after Nov. 29, 1990, see section 
408(e) of Pub. L. 101-649, set out as a note under section 1421 of this 
title.