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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: 8USC1440-1]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1440-1. Posthumous citizenship through death while on 
        active-duty service in armed forces during World War I, World 
        War II, the Korean hostilities, the Vietnam hostilities, or in 
        other periods of military hostilities
        

(a) Permitting granting of posthumous citizenship

    Notwithstanding any other provision of this subchapter, the Attorney 
General shall provide, in accordance with this section, for the granting 
of posthumous citizenship at the time of death to a person described in 
subsection (b) of this section if the Attorney General approves an 
application for that posthumous citizenship under subsection (c) of this 
section.

(b) Noncitizens eligible for posthumous citizenship

    A person referred to in subsection (a) of this section is a person 
who, while an alien or a noncitizen national of the United States--
        (1) served honorably in an active-duty status in the military, 
    air, or naval forces of the United States during any period 
    described in the first sentence of section 1440(a) of this title,
        (2) died as a result of injury or disease incurred in or 
    aggravated by that service, and
        (3) satisfied the requirements of clause (1) or (2) of the first 
    sentence of section 1440(a) of this title.

The executive department under which the person so served shall 
determine whether the person satisfied the requirements of paragraphs 
(1) and (2).

(c) Requests for posthumous citizenship

    A request for the granting of posthumous citizenship to a person 
described in subsection (b) of this section may be filed on behalf of 
the person only by the next-of-kin (as defined by the Attorney General) 
or another representative (as defined by the Attorney General). The 
Attorney General shall approve such a request respecting a person if--
        (1) the request is filed not later than 2 years after--
            (A) November 2, 2002, or
            (B) the date of the person's death, whichever date is later;

        (2) the request is accompanied by a duly authenticated 
    certificate from the executive department under which the person 
    served which states that the person satisfied the requirements of 
    paragraphs (1) and (2) of subsection (b) of this section; and
        (3) the Attorney General finds that the person satisfied the 
    requirement of subsection (b)(3) of this section.

(d) Documentation of posthumous citizenship

    If the Attorney General approves such a request to grant a person 
posthumous citizenship, the Attorney General shall send to the 
individual who filed the request a suitable document which states that 
the United States considers the person to have been a citizen of the 
United States at the time of the person's death.

(e) No benefits to survivors

    Nothing in this section or section 1430(d) of this title shall be 
construed as providing for any benefits under this chapter for any 
spouse, son, daughter, or other relative of a person granted posthumous 
citizenship under this section.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 329A, as added Pub. L. 
101-249, Sec. 2(a), Mar. 6, 1990, 104 Stat. 94; Pub. L. 107-273, div. C, 
title I, Sec. 11030(b), Nov. 2, 2002, 116 Stat. 1836.)


                               Amendments

    2002--Subsec. (c)(1)(A). Pub. L. 107-273 substituted ``November 2, 
2002,'' for ``March 6, 1990,''.

  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.