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

8 U.S.C. § 1438

Former citizens losing citizenship by entering armed forces of foreign countries during World War II

(a)

Requirements; oath; certified copies of oath

section 1427(a) of this titlesection 1421(b) of this titlesection 1448 of this titleAny person who, (1) during World War II and while a citizen of the United States, served in the military, air, or naval forces of any country at war with a country with which the United States was at war after , and before , and (2) has lost United States citizenship by reason of entering or serving in such forces, or taking an oath or obligation for the purpose of entering such forces, may, upon compliance with all the provisions of subchapter III of this chapter, except , and except as otherwise provided in subsection (b), be naturalized by taking before the Attorney General or before a court described in the oath required by . Certified copies of such oath shall be sent by such court to the Department of State and to the Department of Justice and by the Attorney General to the Secretary of State.

(b)

Exceptions

No person shall be naturalized under subsection (a) of this section unless he—
(1)
is, and has been for a period of at least five years immediately preceding taking the oath required in subsection (a), 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; and
(2)
has been lawfully admitted to the United States for permanent residence and intends to reside permanently in the United States.
(c)

Status

ProvidedAny person naturalized in accordance with the provisions of this section, or any person who was naturalized in accordance with the provisions of section 323 of the Nationality Act of 1940, shall have, from and after such 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 any such person during any period in which such person was not a citizen.

(d)

Span of World War II

For the purposes of this section, World War II shall be deemed to have begun on , and to have terminated on .

(e)

Inapplicability to certain persons

This section shall not apply to any person who during World War II served in the armed forces of a country while such country was at war with the United States.

June 27, 1952, ch. 47766 Stat. 248Pub. L. 101–649, title IV, § 407(d)(7)104 Stat. 5042(, title III, ch. 2, § 327, ; , , .)

Editorial Notes

References in Text

section 723 of this titleSection 323 of the Nationality Act of 1940, referred to in subsec. (c), which was classified to , was repealed by section 403(a)(42) of act . See subsec. (a) of this section.

Amendments

Pub. L. 101–649section 1421(b) of this titlesection 1421(a) of this title1990—Subsec. (a). substituted “the Attorney General or before a court described in ” for “any naturalization court specified in ” and inserted “and by the Attorney General to the Secretary of State” before period at end.

Statutory Notes and Related Subsidiaries

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 .