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: 8USC1438]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1438. Former citizens losing citizenship by entering armed 
        forces of foreign countries during World War II
        

(a) Requirements; oath; certified copies of oath

    Any person who, (1) during World War II and while a citizen of the 
United States, served in the military, air, or naval forces of any 
country at war with a country with which the United States was at war 
after December 7, 1941, and before September 2, 1945, and (2) has lost 
United States citizenship by reason of entering or serving in such 
forces, or taking an oath or obligation for the purpose of entering such 
forces, may, upon compliance with all the provisions of subchapter III 
of this chapter, except section 1427(a) of this title, and except as 
otherwise provided in subsection (b) of this section, be naturalized by 
taking before the Attorney General or before a court described in 
section 1421(b) of this title the oath required by section 1448 of this 
title. Certified copies of such oath shall be sent by such court to the 
Department of State and to the Department of Justice and by the Attorney 
General to the Secretary of State.

(b) Exceptions

    No person shall be naturalized under subsection (a) of this section 
unless he--
        (1) is, and has been for a period of at least five years 
    immediately preceding taking the oath required in subsection (a) of 
    this section, 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; and
        (2) has been lawfully admitted to the United States for 
    permanent residence and intends to reside permanently in the United 
    States.

(c) Status

    Any person naturalized in accordance with the provisions of this 
section, or any person who was naturalized in accordance with the 
provisions of section 323 of the Nationality Act of 1940, shall have, 
from and after such 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 any 
such person during any period in which such person was not a citizen.

(d) Span of World War II

    For the purposes of this section, World War II shall be deemed to 
have begun on September 1, 1939, and to have terminated on September 2, 
1945.

(e) Inapplicability to certain persons

    This section shall not apply to any person who during World War II 
served in the armed forces of a country while such country was at war 
with the United States

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 327, 66 Stat. 248; Pub. 
L. 101-649, title IV, Sec. 407(d)(7), Nov. 29, 1990, 104 Stat. 5042.)

                       References in Text

    Section 323 of the Nationality Act of 1940, referred to in subsec. 
(c), which was classified to section 723 of this title, was repealed by 
section 403(a)(42) of act June 27, 1952. See subsec. (a) of this 
section.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-649 substituted ``the Attorney 
General or before a court described in section 1421(b) of this title'' 
for ``any naturalization court specified in section 1421(a) of this 
title'' and inserted ``and by the Attorney General to the Secretary of 
State'' before period at end.

  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.

                  Section Referred to in Other Sections

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