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: 8USC1452]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1452. Certificates of citizenship or U.S. non-citizen 
        national status; procedure
        

(a) Application to Attorney General for certificate of citizenship; 
        proof; oath of allegiance

    A person who claims to have derived United States citizenship 
through the naturalization of a parent or through the naturalization or 
citizenship of a husband, or who is a citizen of the United States by 
virtue of the provisions of section 1993 of the United States Revised 
Statutes, or of section 1993 of the United States Revised Statutes, as 
amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who 
is a citizen of the United States by virtue of the provisions of 
subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality 
Act of 1940, as amended (54 Stat. 1138), or of the Act of May 7, 1934 
(48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of 
this title, or under the provisions of the Act of August 4, 1937 (50 
Stat. 558), or under the provisions of section 203 or 205 of the 
Nationality Act of 1940 (54 Stat. 1139), or under the provisions of 
section 1403 of this title, may apply to the Attorney General for a 
certificate of citizenship. Upon proof to the satisfaction of the 
Attorney General that the applicant is a citizen, and that the 
applicant's alleged citizenship was derived as claimed, or acquired, as 
the case may be, and upon taking and subscribing before a member of the 
Service within the United States to the oath of allegiance required by 
this chapter of an applicant for naturalization, such individual shall 
be furnished by the Attorney General with a certificate of citizenship, 
but only if such individual is at the time within the United States.

(b) Application to Secretary of State for certificate of non-citizen 
        national status; proof; oath of allegiance

    A person who claims to be a national, but not a citizen, of the 
United States may apply to the Secretary of State for a certificate of 
non-citizen national status. Upon--
        (1) proof to the satisfaction of the Secretary of State that the 
    applicant is a national, but not a citizen, of the United States, 
    and
        (2) in the case of such a person born outside of the United 
    States or its outlying possessions, taking and subscribing, before 
    an immigration officer within the United States or its outlying 
    possessions, to the oath of allegiance required by this chapter of a 
    petitioner for naturalization,

the individual shall be furnished by the Secretary of State with a 
certificate of non-citizen national status, but only if the individual 
is at the time within the United States or its outlying possessions.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 341, 66 Stat. 263; Pub. 
L. 97-116, Sec. 18(p), Dec. 29, 1981, 95 Stat. 1621; Pub. L. 99-396, 
Sec. 16(a), Aug. 27, 1986, 100 Stat. 843; Pub. L. 99-653, Sec. 22, Nov. 
14, 1986, 100 Stat. 3658; Pub. L. 100-525, Sec. 8(q), Oct. 24, 1988, 102 
Stat. 2618; Pub. L. 102-232, title III, Sec. 305(m)(8), Dec. 12, 1991, 
105 Stat. 1750; Pub. L. 103-416, title I, Sec. 102(b), Oct. 25, 1994, 
108 Stat. 4307.)

                       References in Text

    Section 1993 of the Revised Statutes, referred to in subsec. (a), 
which was classified to section 6 of this title, was repealed by act 
Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172.
    The Nationality Act of 1940, referred to in subsec. (a), is act Oct. 
14, 1940, ch. 876, 54 Stat. 1137, as amended. Sections 201, 203, and 205 
of the Nationality Act of 1940, which were classified to sections 601, 
603, and 605, respectively, of this title, were repealed by section 
403(a)(42) of act June 27, 1952.
    Act May 7, 1934 (48 Stat. 667), referred to in subsec. (a), which 
was classified to sections 3b and 3c of this title, was omitted from the 
Code.
    Act Aug. 4, 1937, referred to in subsec. (a), which was classified 
to sections 5d and 5e of this title, was repealed by act Oct. 14, 1940, 
ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-416 struck out subsec. (c) which 
related to application to Attorney General for certificate of 
citizenship for adopted child.
    1991--Subsec. (a). Pub. L. 102-232 substituted ``an applicant'' for 
``a petitioner''.
    1988--Subsec. (c). Pub. L. 100-525 amended Pub. L. 99-653. See 1986 
Amendment note below.
    1986--Pub. L. 99-396, Sec. 16(a)(1), inserted reference to 
certificates of non-citizen national status in section catchline.
    Subsecs. (a), (b). Pub. L. 99-396, Sec. 16(a)(2), (3), designated 
existing provisions as subsec. (a) and added subsec. (b).
    Subsec. (c). Pub. L. 99-653, as amended by Pub. L. 100-525, added 
subsec. (c).
    1981--Pub. L. 97-116 substituted ``(c), (d), (e), or (g) of section 
1401'' for ``(3), (4), (5), or (7) of section 1401(a)''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-416 effective on the first day of the first 
month beginning more than 120 days after Oct. 25, 1994, see section 
102(d) of Pub. L. 103-416, set out as a note under section 1433 of this 
act.


                    Effective Date of 1991 Amendment

    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 1988 Amendment

    Amendment by Pub. L. 100-525 effective as if included in the 
enactment of the Immigration and Nationality Act Amendments of 1986, 
Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as an 
Effective and Termination Dates of 1988 Amendments 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.


   Certificates of Non-Citizen National Status; $35 Limit on Fees for 
      Processing Applications Filed Before End of Fiscal Year 1987

    Section 16(c) of Pub. L. 99-396 provided that: ``The Secretary of 
State may not impose a fee exceeding $35 for the processing of an 
application for a certificate of non-citizen national status under 
section 341(b) of the Immigration and Nationality Act [8 U.S.C. 1452(b)] 
filed before the end of fiscal year 1987.''