US Code

Public Law 119-73 (01/23/2026)

8 U.S.C. § 1429

Prerequisite to naturalization; burden of proof

1

1 See References in Text note below.
ProvidedExcept as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b), and except as provided in sections 1439 and 1440 of this title no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: , That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for naturalization as required by this subchapter.

June 27, 1952, ch. 47766 Stat. 244Pub. L. 90–633, § 482 Stat. 1344Pub. L. 101–649, title IV, § 407(c)(4)104 Stat. 5041Pub. L. 104–208, div. C, title III, § 308(e)(1)(O)110 Stat. 3009–620(, title III, ch. 2, § 318, ; , , ; , (d)(3), , ; , (15), , , 3009–621.)

Editorial Notes

References in Text

act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThis chapter, referred to in text, was in the original, “this Act”, meaning , , known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 27, 1952, ch. 477, title IV66 Stat. 280section 1101 of this titleSection 405(b), referred to in text, is section 405(b) of , , which is set out as a Savings Clause note under .

Amendments

Pub. L. 104–2081996— substituted “removal” for “deportation” wherever appearing and “canceling” for “suspending”.

Pub. L. 101–649, § 407(d)(3)1990—, in last sentence substituted “considered by the Attorney General” for “finally heard by a naturalization court” and “upon the Attorney General” for “upon the naturalization court”.

Pub. L. 101–649, § 407(c)(4), substituted “application” for “petition” and “applicant” for “petitioner”.

Pub. L. 90–6331968— substituted reference to exception provided in sections 1439 and 1440 of this title for reference to exception provided in sections 1438 and 1439 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleAmendment by effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .