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: 8USC1445]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1445. Application for naturalization; declaration of 
        intention
        

(a) Evidence and form

    An applicant for naturalization shall make and file with the 
Attorney General a sworn application in writing, signed by the applicant 
in the applicant's own handwriting if physically able to write, which 
application shall be on a form prescribed by the Attorney General and 
shall include averments of all facts which in the opinion of the 
Attorney General may be material to the applicant's naturalization, and 
required to be proved under this subchapter. In the case of an applicant 
subject to a requirement of continuous residence under section 1427(a) 
or 1430(a) of this title, the application for naturalization may be 
filed up to 3 months before the date the applicant would first otherwise 
meet such continuous residence requirement.

(b) Who may file

    No person shall file a valid application for naturalization unless 
he shall have attained the age of eighteen years. An application for 
naturalization by an alien shall contain an averment of lawful admission 
for permanent residence.

(c) Hearings

    Hearings under section 1447(a) of this title on applications for 
naturalization shall be held at regular intervals specified by the 
Attorney General.

(d) Filing of application

    Except as provided in subsection (e) of this section, an application 
for naturalization shall be filed in the office of the Attorney General.

(e) Substitute filing place and administering oath other than before 
        Attorney General

    A person may file an application for naturalization other than in 
the office of the Attorney General, and an oath of allegiance 
administered other than in a public ceremony before the Attorney General 
or a court, if the Attorney General determines that the person has an 
illness or other disability which--
        (1) is of a permanent nature and is sufficiently serious to 
    prevent the person's personal appearance, or
        (2) is of a nature which so incapacitates the person as to 
    prevent him from personally appearing.

(f) Declaration of intention

    An alien over 18 years of age who is residing in the United States 
pursuant to a lawful admission for permanent residence may file with the 
Attorney General a declaration of intention to become a citizen of the 
United States. Such a declaration shall be filed in duplicate and in a 
form prescribed by the Attorney General and shall be accompanied by an 
application prescribed and approved by the Attorney General. Nothing in 
this subsection shall be construed as requiring any such alien to make 
and file a declaration of intention as a condition precedent to filing 
an application for naturalization nor shall any such declaration of 
intention be regarded as conferring or having conferred upon any such 
alien United States citizenship or nationality or the right to United 
States citizenship or nationality, nor shall such declaration be 
regarded as evidence of such alien's lawful admission for permanent 
residence in any proceeding, action, or matter arising under this 
chapter or any other Act.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 334, 66 Stat. 254; Pub. 
L. 97-116, Sec. 15(b), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 101-649, 
title IV, Secs. 401(b), 407(c)(15), (d)(12), Nov. 29, 1990, 104 Stat. 
5038, 5041, 5042; Pub. L. 102-232, title III, Sec. 305(d), (e), (m)(7), 
Dec. 12, 1991, 105 Stat. 1750.)


                               Amendments

    1991--Subsec. (a). Pub. L. 102-232, Sec. 305(m)(7), struck out ``, 
in duplicate,'' after ``file with the Attorney General''.
    Pub. L. 102-232, Sec. 305(e), made technical correction to directory 
language of Pub. L. 101-649, Sec. 407(d)(12)(B). See 1990 Amendment note 
below.
    Subsecs. (f), (g). Pub. L. 102-232, Sec. 305(d), redesignated 
subsec. (g) as (f).
    1990--Pub. L. 101-649, Sec. 407(d)(12)(A), substituted ``Application 
for naturalization; declaration of intention'' for ``Petition for 
naturalization'' in section catchline.
    Subsec. (a). Pub. L. 101-649, Sec. 407(c)(15), (d)(12)(B), as 
amended by Pub. L. 102-232, Sec. 305(e), substituted ``with the Attorney 
General'' for ``in the office of the clerk of a naturalization court'', 
``under this subchapter'' for ``upon the hearing of such petition'', and 
``application'' for ``petition'' wherever appearing.
    Pub. L. 101-649, Sec. 401(b), inserted at end ``In the case of an 
applicant subject to a requirement of continuous residence under section 
1427(a) or 1430(a) of this title, the application for naturalization may 
be filed up to 3 months before the date the applicant would first 
otherwise meet such continuous residence requirement.''
    Subsec. (b). Pub. L. 101-649, Sec. 407(c)(15), (d)(12)(C), 
substituted ``application'' for ``petition'' in first sentence, and 
struck out ``(1)'' before ``he shall have attained'', ``and (2) he shall 
have first filed an application therefor at an office of the Service in 
the form and manner prescribed by the Attorney General'' after 
``eighteen years'', and ``petition for'' after ``An application for''.
    Subsecs. (c) to (e). Pub. L. 101-649, Sec. 407(d)(12)(F), added 
subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which 
related to time to file, substitute filing place, and investigation into 
reasons for substitute filing place, respectively.
    Subsecs. (f), (g). Pub. L. 101-649, Sec. 407(c)(15), (d)(12)(D), 
(E), redesignated subsec. (f) as (g), substituted ``An alien over 18 
years of age who is residing in the United States pursuant to a lawful 
admission for permanent residence may file with the Attorney General a 
declaration of intention to become a citizen of the United States. Such 
a declaration shall be filed in duplicate and in a form prescribed by 
the Attorney General and shall be accompanied by an application 
prescribed and approved by the Attorney General.'' for ``Any alien over 
eighteen years of age who is residing in the United States pursuant to a 
lawful admission for permanent residence may, upon an application 
prescribed, filed with, and approved by the Service, make and file in 
duplicate in the office of the clerk of court, regardless of the alien's 
place of residence in the United States, a signed declaration of 
intention to become a citizen of the United States, in such form as the 
Attorney General shall prescribe.'', and substituted ``an application'' 
for ``a petition'' in last sentence.
    1981--Subsec. (a). Pub. L. 97-116 struck out ``and duly verified by 
two witnesses,'' after ``able to write,''.


                    Effective Date of 1991 Amendment

    Amendment by section 305(d), (e) of 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.
    Section 305(m) of Pub. L. 102-232 provided that the amendment made 
by that section is effective as if included in section 407(d) of the 
Immigration Act of 1990, Pub. L. 101-649.


                    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 1423 of this title; title 20 
section 955b; title 42 section 1881.