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: 8USC1428]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1428. Temporary absence of persons performing religious 
        duties
        
    Any person who is authorized to perform the ministerial or priestly 
functions of a religious denomination having a bona fide organization 
within the United States, or any person who is engaged solely by a 
religious denomination or by an interdenominational mission organization 
having a bona fide organization within the United States as a 
missionary, brother, nun, or sister, who (1) has been lawfully admitted 
to the United States for permanent residence, (2) has at any time 
thereafter and before filing an application for naturalization been 
physically present and residing within the United States for an 
uninterrupted period of at least one year, and (3) has heretofore been 
or may hereafter be absent temporarily from the United States in 
connection with or for the purpose of performing the ministerial or 
priestly functions of such religious denomination, or serving as a 
missionary, brother, nun, or sister, shall be considered as being 
physically present and residing in the United States for the purpose of 
naturalization within the meaning of section 1427(a) of this title, 
notwithstanding any such absence from the United States, if he shall in 
all other respects comply with the requirements of the naturalization 
law. Such person shall prove to the satisfaction of the Attorney General 
that his absence from the United States has been solely for the purpose 
of performing the ministerial or priestly functions of such religious 
denomination, or of serving as a missionary, brother, nun, or sister.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 317, 66 Stat. 243; Pub. 
L. 101-649, title IV, Sec. 407(c)(3), (d)(2), Nov. 29, 1990, 104 Stat. 
5041.)


                               Amendments

    1990--Pub. L. 101-649, Sec. 407(d)(2), struck out ``and the 
naturalization court'' after ``Attorney General''.
    Pub. L. 101-649, Sec. 407(c)(3), substituted ``application'' for 
``petition''.


                             Effective Date

    Section effective 180 days after June 27, 1952, see section 407 of 
act June 27, 1952, 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.