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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: 8USC1439]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1439. Naturalization through service in the armed forces


(a) Requirements

    A person who has served honorably at any time in the armed forces of 
the United States for a period or periods aggregating three years, and, 
who, if separated from such service, was never separated except under 
honorable conditions, may be naturalized without having resided, 
continuously immediately preceding the date of filing such person's 
application, in the United States for at least five years, and in the 
State or district of the Service in the United States in which the 
application for naturalization is filed for at least three months, and 
without having been physically present in the United States for any 
specified period, if such application is filed while the applicant is 
still in the service or within six months after the termination of such 
service.

(b) Exceptions

    A person filing an application under subsection (a) of this section 
shall comply in all other respects with the requirements of this 
subchapter, except that--
        (1) no residence within a State or district of the Service in 
    the United States shall be required;
        (2) notwithstanding section 1429 of this title insofar as it 
    relates to deportability, such applicant may be naturalized 
    immediately if the applicant be then actually in the Armed Forces of 
    the United States, and if prior to the filing of the application, 
    the applicant shall have appeared before and been examined by a 
    representative of the Service;
        (3) the applicant shall furnish to the Attorney General, prior 
    to any hearing upon his application, a certified statement from the 
    proper executive department for each period of his service upon 
    which he relies for the benefits of this section, clearly showing 
    that such service was honorable and that no discharges from service, 
    including periods of service not relied upon by him for the benefits 
    of this section, were other than honorable. The certificate or 
    certificates herein provided for shall be conclusive evidence of 
    such service and discharge.

(c) Periods when not in service

    In the case such applicant's service was not continuous, the 
applicant's residence in the United States and State or district of the 
Service in the United States, good moral character, attachment to the 
principles of the Constitution of the United States, and favorable 
disposition toward the good order and happiness of the United States, 
during any period within five years immediately preceding the date of 
filing such application between the periods of applicant's service in 
the Armed Forces, shall be alleged in the application filed under the 
provisions of subsection (a) of this section, and proved at any hearing 
thereon. Such allegation and proof shall also be made as to any period 
between the termination of applicant's service and the filing of the 
application for naturalization.

(d) Residence requirements

    The applicant shall comply with the requirements of section 1427(a) 
of this title, if the termination of such service has been more than six 
months preceding the date of filing the application for naturalization, 
except that such service within five years immediately preceding the 
date of filing such application shall be considered as residence and 
physical presence within the United States.

(e) Moral character

    Any such period or periods of service under honorable conditions, 
and good moral character, attachment to the principles of the 
Constitution of the United States, and favorable disposition toward the 
good order and happiness of the United States, during such service, 
shall be proved by duly authenticated copies of the records of the 
executive departments having custody of the records of such service, and 
such authenticated copies of records shall be accepted in lieu of 
compliance with the provisions of section 1427(a) of this title.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 328, 66 Stat. 249; Pub. 
L. 90-633, Sec. 5, Oct. 24, 1968, 82 Stat. 1344; Pub. L. 97-116, 
Sec. 15(e), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 101-649, title IV, 
Sec. 407(b)(4), (c)(10), (d)(8), Nov. 29, 1990, 104 Stat. 5040-5042; 
Pub. L. 102-232, title III, Sec. 305(c), Dec. 12, 1991, 105 Stat. 1750.)


                               Amendments

    1991--Subsecs. (b), (c). Pub. L. 102-232 amended directory language 
of Pub. L. 101-649, Sec. 407(d)(8). See 1990 Amendment notes below.
    1990--Subsec. (a). Pub. L. 101-649, Sec. 407(b)(4)(A), (c)(10), 
substituted ``State or district of the Service in the United States'' 
for ``State'', ``for at least three months'' for ``for at least six 
months'', and references to applicant and application for references to 
petitioner and petition wherever appearing.
    Subsec. (b). Pub. L. 101-649, Sec. 407(b)(4)(B), (c)(10), (d)(8), as 
amended by Pub. L. 102-232, substituted ``within a State or district of 
the Service in the United States'' for ``within the jurisdiction of the 
court'' in par. (1), ``any hearing'' for ``the final hearing'' in par. 
(3), and references to applicant and application for references to 
petitioner and petition wherever appearing.
    Subsec. (c). Pub. L. 101-649, Sec. 407(b)(4)(C), (c)(10), (d)(8), as 
amended by Pub. L. 102-232, substituted ``State or district of the 
Service in the United States'' for ``State'', ``any hearing'' for ``the 
final hearing'', and references to applicant's and application for 
references to petitioner's and petition wherever appearing.
    Subsec. (d). Pub. L. 101-649, Sec. 407(c)(10), substituted 
references to applicant and application for references to petitioner and 
petition wherever appearing.
    1981--Subsec. (b)(2). Pub. L. 97-116 struck out ``and section 
1447(c) of this title'' after ``relates to deportability'' and ``and the 
witnesses'' after ``petition, the petitioner''.
    1968--Subsec. (b)(2). Pub. L. 90-633 inserted reference to section 
1429 of this title as it relates to deportability.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-232 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this 
title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 
21(a) of Pub. L. 97-116, 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.

                  Section Referred to in Other Sections

    This section is referred to in section 1429 of this title.