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: 8USC1430]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1430. Married persons and employees of certain nonprofit 
        organizations
        
    (a) Any person whose spouse is a citizen of the United States, or 
any person who obtained status as a lawful permanent resident by reason 
of his or her status as a spouse or child of a United States citizen who 
battered him or her or subjected him or her to extreme cruelty, may be 
naturalized upon compliance with all the requirements of this subchapter 
except the provisions of paragraph (1) of section 1427(a) of this title 
if such person immediately preceding the date of filing his application 
for naturalization has resided continuously, after being lawfully 
admitted for permanent residence, within the United States for at least 
three years, and during the three years immediately preceding the date 
of filing his application has been living in marital union with the 
citizen spouse (except in the case of a person who has been battered or 
subjected to extreme cruelty by a United States citizen spouse or 
parent), who has been a United States citizen during all of such period, 
and has been physically present in the United States for periods 
totaling at least half of that time and has resided within the State or 
the district of the Service in the United States in which the applicant 
filed his application for at least three months.
    (b) Any person, (1) whose spouse is (A) a citizen of the United 
States, (B) in the employment of the Government of the United States, or 
of an American institution of research recognized as such by the 
Attorney General, or of an American firm or corporation engaged in whole 
or in part in the development of foreign trade and commerce of the 
United States, or a subsidiary thereof, or of a public international 
organization in which the United States participates by treaty or 
statute, or is authorized to perform the ministerial or priestly 
functions of a religious denomination having a bona fide organization 
within the United States, or is engaged solely as a missionary by a 
religious denomination or by an interdenominational mission organization 
having a bona fide organization within the United States, and (C) 
regularly stationed abroad in such employment, and (2) who is in the 
United States at the time of naturalization, and (3) who declares before 
the Attorney General in good faith an intention to take up residence 
within the United States immediately upon the termination of such 
employment abroad of the citizen spouse, may be naturalized upon 
compliance with all the requirements of the naturalization laws, except 
that no prior residence or specified period of physical presence within 
the United States or within a State or a district of the Service in the 
United States or proof thereof shall be required.
    (c) Any person who (1) is employed by a bona fide United States 
incorporated nonprofit organization which is principally engaged in 
conducting abroad through communications media the dissemination of 
information which significantly promotes United States interests abroad 
and which is recognized as such by the Attorney General, and (2) has 
been so employed continuously for a period of not less than five years 
after a lawful admission for permanent residence, and (3) who files his 
application for naturalization while so employed or within six months 
following the termination thereof, and (4) who is in the United States 
at the time of naturalization, and (5) who declares before the Attorney 
General in good faith an intention to take up residence within the 
United States immediately upon termination of such employment, may be 
naturalized upon compliance with all the requirements of this subchapter 
except that no prior residence or specified period of physical presence 
within the United States or any State or district of the Service in the 
United States, or proof thereof, shall be required.
    (d) Any person who is the surviving spouse of a United States 
citizen, whose citizen spouse dies during a period of honorable service 
in an active duty status in the Armed Forces of the United States and 
who was living in marital union with the citizen spouse at the time of 
his death, may be naturalized upon compliance with all the requirements 
of this subchapter except that no prior residence or specified physical 
presence within the United States, or within a State or a district of 
the Service in the United States shall be required.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 319, 66 Stat. 244; Pub. 
L. 85-697, Sec. 2, Aug. 20, 1958, 72 Stat. 687; Pub. L. 90-215, 
Sec. 1(a), Dec. 18, 1967, 81 Stat. 661; Pub. L. 90-369, June 29, 1968, 
82 Stat. 279; Pub. L. 101-649, title IV, Sec. 407(b)(1), (c)(5), (d)(4), 
Nov. 29, 1990, 104 Stat. 5040, 5041; Pub. L. 106-386, div. B, title V, 
Sec. 1503(e), Oct. 28, 2000, 114 Stat. 1522.)


                               Amendments

    2000--Subsec. (a). Pub. L. 106-386 inserted ``, or any person who 
obtained status as a lawful permanent resident by reason of his or her 
status as a spouse or child of a United States citizen who battered him 
or her or subjected him or her to extreme cruelty,'' after ``citizen of 
the United States'' and ``(except in the case of a person who has been 
battered or subjected to extreme cruelty by a United States citizen 
spouse or parent)'' after ``has been living in marital union with the 
citizen spouse''.
    1990--Subsec. (a). Pub. L. 101-649, Sec. 407(c)(5), substituted 
``application'' for ``petition'' wherever appearing.
    Pub. L. 101-649, Sec. 407(b)(1)(A), substituted ``has resided within 
the State or the district of the Service in the United States in which 
the applicant filed his application for at least three months'' for 
``has resided within the State in which he filed his petition for at 
least six months.''
    Subsec. (b). Pub. L. 101-649, Sec. 407(d)(4)(A), substituted 
``before the Attorney General'' for ``before the naturalization court'' 
in cl. (3).
    Pub. L. 101-649, Sec. 407(b)(1)(B), substituted ``within a State or 
a district of the Service in the United States'' for ``within the 
jurisdiction of the naturalization court''.
    Subsec. (c). Pub. L. 101-649, Sec. 407(d)(4)(B), substituted 
``Attorney General'' for ``naturalization court'' in cl. (5).
    Pub. L. 101-649, Sec. 407(c)(5), substituted ``application'' for 
``petition''.
    Pub. L. 101-649, Sec. 407(b)(1)(C), substituted ``district of the 
Service in the United States'' for ``within the jurisdiction of the 
court''.
    Subsec. (d). Pub. L. 101-649, Sec. 407(b)(1)(B), substituted 
``within a State or a district of the Service in the United States'' for 
``within the jurisdiction of the naturalization court''.
    1968--Subsec. (d). Pub. L. 90-369 added subsec. (d).
    1967--Subsec. (c). Pub. L. 90-215 added subsec. (c).
    1958--Subsec. (b). Pub. L. 85-697 inserted provision relating to 
persons performing religious duties.

  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.


 Requirements for Citizenship for Staff of George C. Marshall European 
                       Center for Security Studies

    Pub. L. 101-193, title V, Sec. 506, Nov. 30, 1989, 103 Stat. 1709, 
as amended by Pub. L. 104-208, div. C, title VI, Sec. 671(g)(1), Sept. 
30, 1996, 110 Stat. 3009-724; Pub. L. 105-85, div. A, title IX, 
Sec. 923, Nov. 18, 1997, 111 Stat. 1863, provided that:
    ``(a) For purposes of section 319(c) of the Immigration and 
Nationality Act (8 U.S.C. 1430(c)), the George C. Marshall European 
Center for Security Studies, located in Garmisch, Federal Republic of 
Germany, shall be considered to be an organization described in clause 
(1) of such section.
    ``(b) Subsection (a) shall apply with respect to periods of 
employment before, on, or after the date of the enactment of this Act 
[Nov. 30, 1989].
    ``(c) No more than two persons per year may be naturalized based on 
the provisions of subsection (a).
    ``(d) Each instance of naturalization based on the provisions of 
subsection (a) shall be reported to the Committees on the Judiciary of 
the Senate and House of Representatives and to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives prior to such 
naturalization.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1440-1, 1445 of this title.