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: 8USC1440]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1440. Naturalization through active-duty service in the 
        Armed Forces during World War I, World War II, Korean 
        hostilities, Vietnam hostilities, or other periods of military 
        hostilities
        

(a) Requirements

    Any person who, while an alien or a noncitizen national of the 
United States, has served honorably in an active-duty status in the 
military, air, or naval forces of the United States during either World 
War I or during a period beginning September 1, 1939, and ending 
December 31, 1946, or during a period beginning June 25, 1950, and 
ending July 1, 1955, or during a period beginning February 28, 1961, and 
ending on a date designated by the President by Executive order as of 
the date of termination of the Vietnam hostilities, or thereafter during 
any other period which the President by Executive order shall designate 
as a period in which Armed Forces of the United States are or were 
engaged in military operations involving armed conflict with a hostile 
foreign force, and who, if separated from such service, was separated 
under honorable conditions, may be naturalized as provided in this 
section if (1) at the time of enlistment, reenlistment, extension of 
enlistment, or induction such person shall have been in the United 
States, the Canal Zone, American Samoa, or Swains Island, or on board a 
public vessel owned or operated by the United States for noncommercial 
service, whether or not he has been lawfully admitted to the United 
States for permanent residence, or (2) at any time subsequent to 
enlistment or induction such person shall have been lawfully admitted to 
the United States for permanent residence. The executive department 
under which such person served shall determine whether persons have 
served honorably in an active-duty status, and whether separation from 
such service was under honorable conditions: Provided, however, That no 
person who is or has been separated from such service on account of 
alienage, or who was a conscientious objector who performed no military, 
air, or naval duty whatever or refused to wear the uniform, shall be 
regarded as having served honorably or having been separated under 
honorable conditions for the purposes of this section. No period of 
service in the Armed Forces shall be made the basis of an application 
for naturalization under this section if the applicant has previously 
been naturalized on the basis of the same period of 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) he may be naturalized regardless of age, and notwithstanding 
    the provisions of section 1429 of this title as they relate to 
    deportability and the provisions of section 1442 of this title;
        (2) no period of residence or specified period of physical 
    presence within the United States or any State or district of the 
    Service in the United States shall be required; and
        (3) service in the military, air or naval forces of the United 
    States shall be proved by a duly authenticated certification from 
    the executive department under which the applicant served or is 
    serving, which shall state whether the applicant served honorably in 
    an active-duty status during either World War I or during a period 
    beginning September 1, 1939, and ending December 31, 1946, or during 
    a period beginning June 25, 1950, and ending July 1, 1955, or during 
    a period beginning February 28, 1961, and ending on a date 
    designated by the President by Executive order as the date of 
    termination of the Vietnam hostilities, or thereafter during any 
    other period which the President by Executive order shall designate 
    as a period in which Armed Forces of the United States are or were 
    engaged in military operations involving armed conflict with a 
    hostile foreign force, and was separated from such service under 
    honorable conditions.

(c) Revocation

    Citizenship granted pursuant to this section may be revoked in 
accordance with section 1451 of this title if at any time subsequent to 
naturalization the person is separated from the military, air, or naval 
forces under other than honorable conditions, and such ground for 
revocation shall be in addition to any other provided by law. The fact 
that the naturalized person was separated from the service under other 
than honorable conditions shall be proved by a duly authenticated 
certification from the executive department under which the person was 
serving at the time of separation.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 329, 66 Stat. 250; Pub. 
L. 87-301, Sec. 8, Sept. 26, 1961, 75 Stat. 654; Pub. L. 90-633, 
Secs. 1, 2, 6, Oct. 24, 1968, 82 Stat. 1343, 1344; Pub. L. 97-116, 
Sec. 15(a), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100-525, Sec. 9(y), 
Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101-649, title IV, 
Sec. 407(b)(5), (c)(11), Nov. 29, 1990, 104 Stat. 5040, 5041; Pub. L. 
102-232, title III, Sec. 305(b), Dec. 12, 1991, 105 Stat. 1749; Pub. L. 
105-85, div. A, title X, Sec. 1080(a), Nov. 18, 1997, 111 Stat. 1916.)

                       References in Text

    For definition of Canal Zone, referred to in subsec. (a), see 
section 3602(b) of Title 22, Foreign Relations and Intercourse.


                               Amendments

    1997--Subsec. (a)(1). Pub. L. 105-85 inserted ``, reenlistment, 
extension of enlistment,'' after ``at the time of enlistment'' and ``or 
on board a public vessel owned or operated by the United States for 
noncommercial service,'' after ``Swains Island,''.
    1991--Subsecs. (a), (b). Pub. L. 102-232 made technical correction 
to directory language of Pub. L. 101-649, Sec. 407(c)(11). See 1990 
Amendment note below.
    1990--Subsec. (a). Pub. L. 101-649, Sec. 407(c)(11), as amended by 
Pub. L. 102-232, substituted ``an application'' for ``a petition''.
    Subsec. (b). Pub. L. 101-649, Sec. 407(c)(11), as amended by Pub. L. 
102-232, substituted references to applicant and application for 
references to petitioner and petition wherever appearing.
    Subsec. (b)(2). Pub. L. 101-649, Sec. 407(b)(5)(A), substituted 
``State or district of the Service in the United States'' for ``State'' 
and inserted ``and'' at end.
    Subsec. (b)(3), (4). Pub. L. 101-649, Sec. 407(b)(5)(B), (C), 
redesignated par. (4) as (3) and struck out former par. (3) which 
authorized filing of petition in any court having naturalization 
jurisdiction.
    1988--Subsec. (d). Pub. L. 100-525 struck out subsec. (d) which read 
as follows: ``The eligibility for naturalization of any person who filed 
a petition for naturalization prior to January 1, 1947, under section 
701 of the Nationality Act of 1940, as amended (56 Stat. 182, 58 Stat. 
886, 59 Stat. 658), and which is still pending on the effective date of 
this chapter, shall be determined in accordance with the provisions of 
this section.''
    1981--Subsec. (b)(5). Pub. L. 97-116 struck out par. (5) which 
provided that, notwithstanding section 1447(c) of this title, the 
petitioner may be naturalized immediately if prior to the filing of the 
petition the petitioner and the witnesses have appeared before and been 
examined by a representative of the Service.
    1968--Subsec. (a). Pub. L. 90-633, Sec. 1, added the Vietnam 
hostilities and any subsequent period of military operations involving 
armed conflict with a hostile foreign force as periods during which a 
person may be naturalized through service in active duty status.
    Subsec. (b)(1). Pub. L. 90-633, Sec. 6, inserted reference to 
provisions of section 1429 of this title as they relate to 
deportability.
    Subsec. (b)(4). Pub. L. 90-633, Sec. 2, inserted reference to the 
period of the Vietnam hostilities and to any other subsequent period 
which the President by Executive order designates as a period in which 
the Armed Forces of the United States were engaged in military 
operations involving armed conflict with a hostile foreign force.
    1961--Subsecs. (a), (b)(4). Pub. L. 87-301 inserted ``or during a 
period beginning June 25, 1950, and ending July 1, 1955''.


                    Effective Date of 1997 Amendment

    Section 1080(b) of Pub. L. 105-85 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to enlistments, reenlistments, extensions of enlistment, and inductions 
of persons occurring on or after the date of the enactment of this Act 
[Nov. 18, 1997].''


                    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.


  Naturalization of Natives of Philippines Through Certain Active-Duty 
                       Service During World War II

    Pub. L. 102-395, title I, Sec. 113, Oct. 6, 1992, 106 Stat. 1844, 
which provided that, notwithstanding any other provision of law, 
effective 120 days after Oct. 6, 1992, and applicable to natives of the 
Philippines who applied for naturalization under section 405 of Pub. L. 
101-649, set out below, and who applied within 2 years after such 
effective date, the naturalization of natives of the Philippines who 
apply for naturalization under section 405 of Pub. L. 101-649 was to be 
conducted in Philippines as well as in United States by employees of 
Immigration and Naturalization Service designated pursuant to section 
1446(b) of this title, and required Attorney General to prescribe 
necessary implementing regulations and maintain permanent records of the 
oaths of allegiance taken in accordance with these provisions, was 
repealed by Pub. L. 105-119, title I, Sec. 112(c), Nov. 26, 1997, 111 
Stat. 2460.
    Pub. L. 101-649, title IV, Sec. 405, Nov. 29, 1990, 104 Stat. 5039, 
as amended by Pub. L. 103-416, title I, Sec. 104(d), Oct. 25, 1994, 108 
Stat. 4308; Pub. L. 105-119, title I, Sec. 112(b), Nov. 26, 1997, 111 
Stat. 2459, provided that section 1440(a)(1) and (2) of this title did 
not apply to the naturalization of certain persons born in the 
Philippines who served honorably in an active duty status during the 
World War II occupation and liberation of the Philippines within the 
Philippine Army or within a recognized guerilla unit or who served 
within the Philippine Scouts or within any other component of the United 
States Armed Forces in the Far East at any time during the period 
beginning September 1, 1939, and ending December 31, 1946, who were 
otherwise eligible for naturalization under section 1440, and who 
applied for naturalization during the 2-year period beginning on Nov. 
29, 1990.


            Naturalization of Aliens Enlisted in Regular Army

    Act June 30, 1950, ch. 443, Sec. 4, 64 Stat. 316, as amended June 
27, 1952, ch. 477, title IV, Sec. 402(e), 66 Stat. 276, provided that: 
``Notwithstanding the dates or periods of service specified and 
designated in section 329 of the Immigration and Nationality Act [this 
section], the provisions of that section are applicable to aliens 
enlisted or reenlisted pursuant to the provisions of this Act and who 
have completed five or more years of military service, if honorably 
discharged therefrom. Any alien enlisted or reenlisted pursuant to the 
provisions of this Act who subsequently enters the United States, 
American Samoa, Swains Island, or the Canal Zone, pursuant to military 
orders shall, if otherwise qualified for citizenship, and after 
completion of five or more years of military service, if honorably 
discharged therefrom, be deemed to have been lawfully admitted to the 
United States for permanent residence within the meaning of such section 
329(a) [subsection (a) of this section].''

 Ex. Ord. No. 12081. Termination of Expeditious Naturalization Based on 
                            Military Service

    Ex. Ord. No. 12081, Sept. 18, 1978, 43 F.R. 42237, provided:
    By the authority vested in me as President of the United States of 
America by Section 329 of the Immigration and Nationality Act, as 
amended by Sections 1 and 2 of the Act of October 24, 1968 (82 Stat. 
1343; 8 U.S.C. 1440), and by the authority of Section 3 of that Act of 
October 24, 1968 (82 Stat. 1344; 8 U.S.C. 1440e), it is hereby ordered 
that the statutory period of Vietnam hostilities which began on February 
28, 1961, shall be deemed to have terminated on October 15, 1978, for 
the purpose of ending the period in which active-duty service in the 
Armed Forces qualifies for certain exemptions from the usual 
requirements for naturalization, including length of residence and fees.
                                                           Jimmy Carter.

                        Executive Order No. 12582

    Ex. Ord. No. 12582, Feb. 2, 1987, 52 F.R. 3395, which provided for 
expedited naturalization for aliens and noncitizens who served in the 
Armed Forces in the Grenada campaign by making them eligible in 
accordance with statutory exceptions in section 1440(b) of this title, 
was revoked, effective Feb. 2, 1987, by Ex. Ord. No. 12913, May 2, 1994, 
59 F.R. 23115, such revocation not intended to affect status of anyone 
who was naturalized pursuant to terms of that order prior to the date of 
publication of Ex. Ord. No. 12582 in the Federal Register (May 4, 1994).

 Ex. Ord. No. 12939. Expedited Naturalization of Aliens and Noncitizen 
 Nationals Who Served in Active-Duty Status During Persian Gulf Conflict

    Ex. Ord. No. 12939, Nov. 22, 1994, 59 F.R. 61231, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 1440 of 
title 8, United States Code, and in order to provide expedited 
naturalization for aliens and noncitizen nationals who served in an 
active-duty status in the Armed Forces of the United States during the 
period of the Persian Gulf Conflict, it is hereby ordered as follows:
    For the purpose of determining qualification for the exception from 
the usual requirements for naturalization, the period of Persian Gulf 
Conflict military operations in which the Armed Forces of the United 
States were engaged in armed conflict with a hostile force commenced on 
August 2, 1990, and terminated on April 11, 1991. Those persons serving 
honorably in active-duty status in the Armed Forces of the United States 
during this period are eligible for naturalization in accordance with 
the statutory exception to the naturalization requirements, as provided 
in section 1440(b) of title 8, United States Code.
                                                     William J. Clinton.

 Ex. Ord. No. 13269. Expedited Naturalization of Aliens and Noncitizen 
 Nationals Serving in an Active-Duty Status During the War on Terrorism

    Ex. Ord. No. 13269, July 3, 2002, 67 F.R. 45287, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 329 of the 
Immigration and Nationality Act (8 U.S.C. 1440) (the ``Act''), and 
solely in order to provide expedited naturalization for aliens and 
noncitizen nationals serving in an active-duty status in the Armed 
Forces of the United States during the period of the war against 
terrorists of global reach, it is hereby ordered as follows:
    For the purpose of determining qualification for the exception from 
the usual requirements for naturalization, I designate as a period in 
which the Armed Forces of the United States were engaged in armed 
conflict with a hostile foreign force the period beginning on September 
11, 2001. Such period will be deemed to terminate on a date designated 
by future Executive Order. Those persons serving honorably in active-
duty status in the Armed Forces of the United States, during the period 
beginning on September 11, 2001, and terminating on the date to be so 
designated, are eligible for naturalization in accordance with the 
statutory exception to the naturalization requirements, as provided in 
section 329 of the Act. Nothing contained in this order is intended to 
affect, nor does it affect, any other power, right, or obligation of the 
United States, its agencies, officers, employees, or any other person 
under Federal law or the law of nations.
                                                         George W. Bush.

                  Section Referred to in Other Sections

    This section is referred to in sections 1429, 1440-1, 1440e, 1451 of 
this title.