Any person formerly a citizen of the United States who (1) prior to , lost United States citizenship by marriage to an alien, or by the loss of United States citizenship of such person’s spouse, or (2) on or after , lost United States citizenship by marriage to an alien ineligible to citizenship, may if no other nationality was acquired by an affirmative act of such person other than by marriage be naturalized upon compliance with all requirements of this subchapter, except—
(1)
no period of residence or specified period of physical presence within the United States or within the State or district of the Service in the United States where the application is filed shall be required; and
(2)
the application need not set forth that it is the intention of the applicant to reside permanently within the United States.
ProvidedSuch person, or any person who was naturalized in accordance with the provisions of section 317(a) of the Nationality Act of 1940, shall have, from and after her naturalization, the status of a native-born or naturalized citizen of the United States, whichever status existed in the case of such person prior to the loss of citizenship: , That nothing contained herein or in any other provision of law shall be construed as conferring United States citizenship retroactively upon such person, or upon any person who was naturalized in accordance with the provisions of section 317(a) of the Nationality Act of 1940, during any period in which such person was not a citizen.
(b)
Additional requirements
No person who is otherwise eligible for naturalization in accordance with the provisions of subsection (a) of this section shall be naturalized unless such person shall establish to the satisfaction of the Attorney General that she has been a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States for a period of not less than five years immediately preceding the date of filing an application for naturalization and up to the time of admission to citizenship, and, unless she has resided continuously in the United States since the date of her marriage, has been lawfully admitted for permanent residence prior to filing her application for naturalization.
(c)
Oath of allegiance
(1)
section 1448 of this titlesection 1424 of this titleProvided A woman who was a citizen of the United States at birth and (A) who has or is believed to have lost her United States citizenship solely by reason of her marriage prior to , to an alien, or by her marriage on or after such date to an alien ineligible to citizenship, (B) whose marriage to such alien shall have terminated subsequent to , and (C) who has not acquired by an affirmative act other than by marriage any other nationality, shall, from and after taking the oath of allegiance required by , be a citizen of the United States and have the status of a citizen of the United States by birth, without filing an application for naturalization, and notwithstanding any of the other provisions of this subchapter except the provisions of : , That nothing contained herein or in any other provision of law shall be construed as conferring United States citizenship retroactively upon such person, or upon any person who was naturalized in accordance with the provisions of section 317(b) of the Nationality Act of 1940, during any period in which such person was not a citizen.
(2)
section 1421(b) of this title Such oath of allegiance may be taken abroad before a diplomatic or consular officer of the United States, or in the United States before the Attorney General or the judge or clerk of a court described in .
(3)
Such oath of allegiance shall be entered in the records of the appropriate embassy, legation, consulate, court, or the Attorney General, and, upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy, legation, consulate, court, or the Attorney General, shall be delivered to such woman at a cost not exceeding $5, which certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department or agency of the Government of the United States.
(d)
Persons losing citizenship for failure to meet physical presence retention requirement
(1)
section 1401(b) of this titlesection 1448 of this titlesection 1424 of this title A person who was a citizen of the United States at birth and lost such citizenship for failure to meet the physical presence retention requirements under (as in effect before ), shall, from and after taking the oath of allegiance required by be a citizen of the United States and have the status of a citizen of the United States by birth, without filing an application for naturalization, and notwithstanding any of the other provisions of this subchapter except the provisions of . Nothing in this subsection or any other provision of law shall be construed as conferring United States citizenship retroactively upon such person during any period in which such person was not a citizen.
(2)
The provisions of paragraphs (2) and (3) of subsection (c) shall apply to a person regaining citizenship under paragraph (1) in the same manner as they apply under subsection (c)(1).
Section 317(a) and (b) of the Nationality Act of 1940, referred to in subsecs. (a) and (c)(1), which was classified to section 717(a) and (b) of this title, was repealed by section 403(a)(42) of act . See subsecs. (a) and (c) of this section.
Pub. L. 101–649, § 407(b)(3)1990—Subsec. (a)(1). , (c)(7), (d)(6)(A)(i), substituted “State or district of the Service in the United States” for “State” and “application” for “petition” and inserted “and” at end.
Pub. L. 101–649, § 407(c)(7)Subsec. (a)(2). , (d)(6)(A)(ii), substituted references to applicant and application for references to petitioner and petition, and substituted period for semicolon at end.
Pub. L. 101–649, § 407(d)(6)(A)(iii)Subsec. (a)(3), (4). , struck out pars. (3) and (4) which related to filing of petition and hearing on petition.
Pub. L. 101–649, § 407(c)(7)Subsec. (b). , (d)(6)(B), substituted references to application for references to petition wherever appearing, and “Attorney General” for “naturalization court”.
“The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act [].”
, , , provided that:
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 .
Italian Elections; Naturalization of Former Citizens Who Voted in Certain Former Elections
section 1421(a) of this titlesection 1448 of this titleProvidedsection 1448 of this titlesection 1421(a) of this titlesection 1451 of this title“That a person who, while a citizen of the United States, has lost citizenship of the United States solely by reason of having voted in a political election or plebiscite held in Italy between , and , inclusive, and who has not subsequent to such voting committed any act which, had he remained a citizen, would have operated to expatriate him, may be naturalized by taking, prior to two years from the enactment of this Act [], before any naturalization court specified in subsection (a) of section 310 of the Immigration and Nationality Act [], or before any diplomatic or consular officer of the United States abroad, the oath required by section 337 of the Immigration and Nationality Act []. Certified copies of such oath shall be sent by such diplomatic or consular officer or such court to the Department of State and to the Department of Justice. Such person shall have, from and after naturalization under this section, the same citizenship status as that which existed immediately prior to its loss: , That no such person shall be eligible to take the oath required by section 337 of the Immigration and Nationality Act [] unless he shall first take an oath before any naturalization court specified in subsection (a) of section 310 of the Immigration and Nationality Act [], or before any diplomatic or consular officer of the United States abroad, that he has done nothing to promote the cause of communism. The illegal or fraudulent procurement of naturalization under this amendment shall be subject to cancellation in the same manner as provided in section 340 of the Immigration and Nationality Act [].”
, , as amended by section 402(j) of act , provided:
Japanese Elections; Naturalization of Former Citizens Who Voted in Certain Former Elections
section 1421(a) of this titlesection 1448 of this titleProvidedsection 1448 of this titlesection 1421(a) of this titlesection 1451 of this titlesection 1451(f) of this title“That a person who has lost United States citizenship solely by reason of having voted in any political election or plebiscite held in Japan between , and , inclusive, and who has not, subsequent to such voting, committed any act which, had he remained a citizen, would have operated to expatriate him, and is not otherwise disqualified from becoming a citizen by reason of sections 313 or 314, or the third sentence of section 318 of the Immigration and Nationality Act [sections 1424, 1425, 1429 of this title], may be naturalized by taking, prior to two years after the date of the enactment of this Act [], before any naturalization court specified in subsection (a) of section 310 of the Immigration and Nationality Act [] or before any diplomatic or consular officer of the United States abroad, the applicable oath prescribed by section 337 of such Act []. Certified copies of such oath shall be sent by such court or such diplomatic or consular officer to the Department of State and to the Department of Justice. Such oath of allegiance shall be entered in the records of the appropriate naturalization court, embassy, legation, or consulate, and upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the naturalization court, embassy, legation or consulate, shall be delivered to such person at a cost not exceeding $5, which certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department or agency of the Government of the United States. Any such person shall have, from and after naturalization under this Act, the same citizenship status as that which existed immediately prior to its loss: , That no such person shall be eligible to take the oath prescribed by section 337 of the Immigration and Nationality Act [] unless he shall first take an oath before any naturalization court specified in subsection (a) of section 310 of the Immigration and Nationality Act [], or before any diplomatic or consular officer of the United States abroad, that he has done nothing to promote the cause of communism. Naturalization procured under this Act shall be subject to revocation as provided in section 340 of the Immigration and Nationality Act [], and subsection (f) of that section [] shall apply to any person claiming United States citizenship through the naturalization of an individual under this Act.”