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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: 8USC1435]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1435. Former citizens regaining citizenship


(a) Requirements

    Any person formerly a citizen of the United States who (1) prior to 
September 22, 1922, lost United States citizenship by marriage to an 
alien, or by the loss of United States citizenship of such person's 
spouse, or (2) on or after September 22, 1922, lost United States 
citizenship by marriage to an alien ineligible to citizenship, may if no 
other nationality was acquired by an affirmative act of such person 
other than by marriage be naturalized upon compliance with all 
requirements of this subchapter, except--
        (1) no period of residence or specified period of physical 
    presence within the United States or within the State or district of 
    the Service in the United States where the application is filed 
    shall be required; and
        (2) the application need not set forth that it is the intention 
    of the applicant to reside permanently within the United States.

    Such person, or any person who was naturalized in accordance with 
the provisions of section 317(a) of the Nationality Act of 1940, shall 
have, from and after her naturalization, the status of a native-born or 
naturalized citizen of the United States, whichever status existed in 
the case of such person prior to the loss of citizenship: Provided, That 
nothing contained herein or in any other provision of law shall be 
construed as conferring United States citizenship retroactively upon 
such person, or upon any person who was naturalized in accordance with 
the provisions of section 317(a) of the Nationality Act of 1940, during 
any period in which such person was not a citizen.

(b) Additional requirements

    No person who is otherwise eligible for naturalization in accordance 
with the provisions of subsection (a) of this section shall be 
naturalized unless such person shall establish to the satisfaction of 
the Attorney General that she has been a person of good moral character, 
attached to the principles of the Constitution of the United States, and 
well disposed to the good order and happiness of the United States for a 
period of not less than five years immediately preceding the date of 
filing an application for naturalization and up to the time of admission 
to citizenship, and, unless she has resided continuously in the United 
States since the date of her marriage, has been lawfully admitted for 
permanent residence prior to filing her application for naturalization.

(c) Oath of allegiance

    (1) A woman who was a citizen of the United States at birth and (A) 
who has or is believed to have lost her United States citizenship solely 
by reason of her marriage prior to September 22, 1922, to an alien, or 
by her marriage on or after such date to an alien ineligible to 
citizenship, (B) whose marriage to such alien shall have terminated 
subsequent to January 12, 1941, and (C) who has not acquired by an 
affirmative act other than by marriage any other nationality, shall, 
from and after taking the oath of allegiance required by section 1448 of 
this title, be a citizen of the United States and have the status of a 
citizen of the United States by birth, without filing an application for 
naturalization, and notwithstanding any of the other provisions of this 
subchapter except the provisions of section 1424 of this title: 
Provided, That nothing contained herein or in any other provision of law 
shall be construed as conferring United States citizenship retroactively 
upon such person, or upon any person who was naturalized in accordance 
with the provisions of section 317(b) of the Nationality Act of 1940, 
during any period in which such person was not a citizen.
    (2) Such oath of allegiance may be taken abroad before a diplomatic 
or consular officer of the United States, or in the United States before 
the Attorney General or the judge or clerk of a court described in 
section 1421(b) of this title.
    (3) Such oath of allegiance shall be entered in the records of the 
appropriate embassy, legation, consulate, court, or the Attorney 
General, and, upon demand, a certified copy of the proceedings, 
including a copy of the oath administered, under the seal of the 
embassy, legation, consulate, court, or the Attorney General, shall be 
delivered to such woman at a cost not exceeding $5, which certified copy 
shall be evidence of the facts stated therein before any court of record 
or judicial tribunal and in any department or agency of the Government 
of the United States.

(d) Persons losing citizenship for failure to meet physical presence 
        retention requirement

    (1) A person who was a citizen of the United States at birth and 
lost such citizenship for failure to meet the physical presence 
retention requirements under section 1401(b) of this title (as in effect 
before October 10, 1978), shall, from and after taking the oath of 
allegiance required by section 1448 of this title be a citizen of the 
United States and have the status of a citizen of the United States by 
birth, without filing an application for naturalization, and 
notwithstanding any of the other provisions of this subchapter except 
the provisions of section 1424 of this title. Nothing in this subsection 
or any other provision of law shall be construed as conferring United 
States citizenship retroactively upon such person during any period in 
which such person was not a citizen.
    (2) The provisions of paragraphs (2) and (3) of subsection (c) of 
this section shall apply to a person regaining citizenship under 
paragraph (1) in the same manner as they apply under subsection (c)(1) 
of this section.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 324, 66 Stat. 246; Pub. 
L. 100-525, Sec. 9(x), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101-649, 
title IV, Sec. 407(b)(3), (c)(7), (d)(6), Nov. 29, 1990, 104 Stat. 5040-
5042; Pub. L. 103-416, title I, Sec. 103(a), Oct. 25, 1994, 108 Stat. 
4307.)

                       References in Text

    Section 317(a) and (b) of the Nationality Act of 1940, referred to 
in subsecs. (a) and (c)(1), which was classified to section 717(a) and 
(b) of this title, was repealed by section 403(a)(42) of act June 27, 
1952. See subsecs. (a) and (c) of this section.


                               Amendments

    1994--Subsec. (d). Pub. L. 103-416 added subsec. (d).
    1990--Subsec. (a)(1). Pub. L. 101-649, Sec. 407(b)(3), (c)(7), 
(d)(6)(A)(i), substituted ``State or district of the Service in the 
United States'' for ``State'' and ``application'' for ``petition'' and 
inserted ``and'' at end.
    Subsec. (a)(2). Pub. L. 101-649, Sec. 407(c)(7), (d)(6)(A)(ii), 
substituted references to applicant and application for references to 
petitioner and petition, and substituted period for semicolon at end.
    Subsec. (a)(3), (4). Pub. L. 101-649, Sec. 407(d)(6)(A)(iii), struck 
out pars. (3) and (4) which related to filing of petition and hearing on 
petition.
    Subsec. (b). Pub. L. 101-649, Sec. 407(c)(7), (d)(6)(B), substituted 
references to application for references to petition wherever appearing, 
and ``Attorney General'' for ``naturalization court''.
    Subsec. (c)(1). Pub. L. 101-649, Sec. 407(c)(7), substituted ``an 
application'' for ``a petition''.
    Subsec. (c)(2). Pub. L. 101-649, Sec. 407(d)(6)(C)(i), substituted 
``the Attorney General or the judge or clerk of a court described in 
section 1421(b) of this title'' for ``the judge or clerk of a 
naturalization court''.
    Subsec. (c)(3). Pub. L. 101-649, Sec. 407(d)(6)(C)(ii), substituted 
``court, or the Attorney General'' for ``or naturalization court'' in 
two places.
    1988--Subsec. (a)(4). Pub. L. 100-525 substituted ``has'' for ``and 
the witnesses have''.


                    Effective Date of 1994 Amendment

    Section 103(b) of Pub. L. 103-416 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
first day of the first month beginning more than 120 days after the date 
of the enactment of this Act [Oct. 25, 1994].''

  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.


   Italian Elections; Naturalization of Former Citizens Who Voted in 
                        Certain Former Elections

    Section 1 of act Aug. 16, 1951, as amended by section 402(j) of act 
June 27, 1952, provided: ``That a person who, while a citizen of the 
United States, has lost citizenship of the United States solely by 
reason of having voted in a political election or plebiscite held in 
Italy between January 1, 1946, and April 18, 1948, inclusive, and who 
has not subsequent to such voting committed any act which, had he 
remained a citizen, would have operated to expatriate him, may be 
naturalized by taking, prior to two years from the enactment of this Act 
[June 27, 1952], before any naturalization court specified in subsection 
(a) of section 310 of the Immigration and Nationality Act [section 
1421(a) of this title], or before any diplomatic or consular officer of 
the United States abroad, the oath required by section 337 of the 
Immigration and Nationality Act [section 1448 of this title]. Certified 
copies of such oath shall be sent by such diplomatic or consular officer 
or such court to the Department of State and to the Department of 
Justice. Such person shall have, from and after naturalization under 
this section, the same citizenship status as that which existed 
immediately prior to its loss: Provided, That no such person shall be 
eligible to take the oath required by section 337 of the Immigration and 
Nationality Act [section 1448 of this title] unless he shall first take 
an oath before any naturalization court specified in subsection (a) of 
section 310 of the Immigration and Nationality Act [section 1421(a) of 
this title], or before any diplomatic or consular officer of the United 
States abroad, that he has done nothing to promote the cause of 
communism. The illegal or fraudulent procurement of naturalization under 
this amendment shall be subject to cancellation in the same manner as 
provided in section 340 of the Immigration and Nationality Act [section 
1451 of this title].''


   Japanese Elections; Naturalization of Former Citizens Who Voted in 
                        Certain Former Elections

    Act July 20, 1954, ch. 553, 68 Stat. 495, provided: ``That a person 
who has lost United States citizenship solely by reason of having voted 
in any political election or plebiscite held in Japan between September 
2, 1945, and April 27, 1952, inclusive, and who has not, subsequent to 
such voting, committed any act which, had he remained a citizen, would 
have operated to expatriate him, and is not otherwise disqualified from 
becoming a citizen by reason of sections 313 or 314, or the third 
sentence of section 318 of the Immigration and Nationality Act [sections 
1424, 1425, 1429 of this title], may be naturalized by taking, prior to 
two years after the date of the enactment of this Act [July 20, 1954], 
before any naturalization court specified in subsection (a) of section 
310 of the Immigration and Nationality Act [section 1421(a) of this 
title] or before any diplomatic or consular officer of the United States 
abroad, the applicable oath prescribed by section 337 of such Act 
[section 1448 of this title]. Certified copies of such oath shall be 
sent by such court or such diplomatic or consular officer to the 
Department of State and to the Department of Justice. Such oath of 
allegiance shall be entered in the records of the appropriate 
naturalization court, embassy, legation, or consulate, and upon demand, 
a certified copy of the proceedings, including a copy of the oath 
administered, under the seal of the naturalization court, embassy, 
legation or consulate, shall be delivered to such person at a cost not 
exceeding $5, which certified copy shall be evidence of the facts stated 
therein before any court of record or judicial tribunal and in any 
department or agency of the Government of the United States. Any such 
person shall have, from and after naturalization under this Act, the 
same citizenship status as that which existed immediately prior to its 
loss: Provided, That no such person shall be eligible to take the oath 
prescribed by section 337 of the Immigration and Nationality Act 
[section 1448 of this title] unless he shall first take an oath before 
any naturalization court specified in subsection (a) of section 310 of 
the Immigration and Nationality Act [section 1421(a) of this title], or 
before any diplomatic or consular officer of the United States abroad, 
that he has done nothing to promote the cause of communism. 
Naturalization procured under this Act shall be subject to revocation as 
provided in section 340 of the Immigration and Nationality Act [section 
1451 of this title], and subsection (f) of that section [section 1451(f) 
of this title] shall apply to any person claiming United States 
citizenship through the naturalization of an individual under this 
Act.''

                  Section Referred to in Other Sections

    This section is referred to in section 1101 of this title.