Section text and notes
section 904 of this titleThese sections, relating to naturalization, were in large degree affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on , to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former . See notes below for history of individual sections.
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592, § 1 34 Stat. 596 act May 9, 1918, ch. 69, § 1 40 Stat. 544 section 1443 of this titleSections 351 to 354, relating to Bureau of Naturalization, were repealed by , subch. V, . Sections 351 to 353 were from , , and section 354 was from , . See . See also section 1551 et seq. of this title for general provisions relating to Immigration and Naturalization Service.
act May 29, 1928, ch. 901, § 1 45 Stat. 994 act Mar. 4, 1909, ch. 299, § 1 35 Stat. 982 Section 355, relating to reports of expenditures of Bureau of Naturalization, was repealed by , . It was from , .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 June 29, 1906, ch. 3592, § 28 34 Stat. 606 Mar. 2, 1929, ch. 536, § 8 45 Stat. 1515 section 1443 of this titleact May 25, 1932, ch. 203, § 9 47 Stat. 166 section 1443(g) of this titleact June 29, 1906, ch. 3592, § 3 34 Stat. 596 Mar. 3, 1911, ch. 231, § 289 36 Stat. 1167 Mar. 4, 1913, ch. 141, § 3 37 Stat. 737 June 25, 1936, ch. 804 49 Stat. 1921 act Mar. 2, 1917, ch. 145, § 41 39 Stat. 965 act Feb. 25, 1927, ch. 192, § 4 44 Stat. 1235 section 1421 of this titleSections 356 to 358a were repealed by , subch. V, § 504, . Section 356, relating to regulations for execution of naturalization laws and use of copies of papers in evidence, was from acts , , and , ; see . Section 356a, relating to quarters for photographic studio in New York City, was from , ; see . Sections 357 (from , , as amended , ; , ; , ), 358 (from , ), and 358a (from , ), related to jurisdiction of naturalization courts; see .
act July 14, 1870, ch. 254, § 7 16 Stat. 256 Feb. 18, 1875, ch. 80, § 1 18 Stat. 318 May 9, 1918, ch. 69, § 2 40 Stat. 547 section 703 of this titlesection 1422 of this titleSection 359, relating to racial limitation of naturalization, was from R.S. § 2169 (revised from , ), and acts , ; , . According to a communication of , the Immigration and Naturalization Service stated that it was the opinion of that office that said section 359 was superseded by former . See .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592, § 30 34 Stat. 606 section 1436 of this titleSection 360, relating to admission of persons not citizens owing permanent allegiance to the United States, was repealed by , subch. V, . It was from , . See .
act Mar. 2, 1929, ch. 536 45 Stat. 1514 act Mar. 3, 1813, ch. 42, § 12 2 Stat. 811 section 1427 of this titleSection 361, relating to period of residence required for citizenship, was repealed by , . It was from R.S. § 2170, which was revised from , . See .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592, § 6 34 Stat. 598 section 1447(c) of this titleSection 362, forbidding naturalization of citizens within thirty days preceding a general election, was repealed by , subch. V, § 504, . It was from , . See .
act Dec. 17, 1943, ch. 344, § 1 57 Stat. 600 act May 6, 1882, ch. 126, § 14 22 Stat. 61 Section 363, making Chinese inadmissible to citizenship, was repealed by , . It was from , .
act Oct. 14, 1940, ch. 876 54 Stat. 1172 act June 29, 1906, ch. 3592 34 Stat. 598 May 18, 1917, ch. 15, § 2 40 Stat. 77 July 9, 1918, ch. 143, § 4 40 Stat. 885 act Feb. 11, 1931, ch. 118 46 Stat. 1087 Sections 364 to 366a, relating to persons inadmissible to citizenship, were repealed by . title I, subch. V, § 504, . Sections 364 and 365 were from , §§ 7, 8, respectively, , 599; see sections 1424 and 1423, respectively, of this title. Section 366 was from acts , ; , . Section 366a was from , .
act Oct. 14, 1940, ch. 876 54 Stat. 1172 act Sept. 22, 1922, ch. 411 42 Stat. 1021 Mar. 3, 1931, ch. 442, § 4(a) May 17, 1932, ch. 190 47 Stat. 158 May 24, 1934, ch. 344, § 4 48 Stat. 797 section 1422 of this titlesection 1430 of this titleSections 367 to 368a, relating to naturalization of women, were repealed by . title I, subch. V, § 504, . They were from , §§ 1, 2, 3(c), respectively, , 1022, as amended , 46 Stat 1511; , ; , . On the subject of section 367 see , and on the subject of 368, see .
act June 27, 1952, ch. 477, title IV, § 403(a)(34) 66 Stat. 280 July 2, 1932, ch. 395 47 Stat. 571 July 1, 1940, ch. 495 54 Stat. 707 Section 368b, relating to citizenship of women born in Hawaii prior to , was repealed by , . It was from acts , ; , .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act Sept. 22, 1922, ch. 411 42 Stat. 1022 July 3, 1930, ch. 835, § 2(a) 46 Stat. 854 Mar. 3, 1931, ch. 442, § 4(a) 46 Stat. 1511 section 1435(a) of this titleSections 369 and 369a, relating to naturalization of women, were repealed by , subch. V, § 504, . They were from , §§ 4, 3(b), respectively, , as amended , ; , . See .
act Mar. 3, 1931, ch. 442, § 4(b) 46 Stat. 1512 act Sept. 22, 1922, ch. 411, § 5 42 Stat. 1022 Section 370, relating to naturalization of women married to aliens ineligible to citizenship, was repealed by , . It was from , .
act May 24, 1934, ch. 344, § 5 48 Stat. 798 act Feb. 24, 1911, ch. 151 36 Stat. 929 Section 371, relating to naturalization of wives and children of aliens becoming insane after declaration of intention to become citizens, was repealed by , , which provided that such repeal should “not affect any right or privilege or terminate any citizenship acquired under” the section before its repeal. Section was from , .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592, § 4 34 Stat. 596 section 1421(d) of this titleact Mar. 3, 1931, ch. 442, § 3 46 Stat. 1511 June 29, 1906, ch. 3592, § 4 34 Stat. 596 Mar. 4, 1929, ch. 683, § 1 45 Stat. 1545 June 20, 1939, ch. 224, § 1 53 Stat. 843 section 1445(f) of this titleSections 372 to 373 were repealed by , subch. V, § 504, . Section 372, relating to procedure for naturalization, was from , ; see . Section 372a, relating to naturalization of former citizens, was from , . Section 373, relating to declaration of intention to become citizen, was from acts , ; , ; , ; see .
act May 25, 1926, ch. 388, § 1 44 Stat. 652 act June 29, 1906, ch. 3592, § 4(7) May 9, 1918, ch. 69, § 1 40 Stat. 544 Section 374, making it unlawful to make a declaration of intention on election day, was repealed by , . It was from , as added , .
act May 24, 1934, ch. 344, § 5 48 Stat. 798 act June 29, 1906, ch. 3592, § 4 34 Stat. 597 Section 375, providing that declarations of intention should not be required of widow or minor children of aliens dying after having filed a declaration of intention, was repealed by , , which provided that such repeal should “not affect any right or privilege or terminate any citizenship acquired under” the section before its repeal. Section was from , .
act July 2, 1940, ch. 512 54 Stat. 715 act June 27, 1952, ch. 477, title IV, § 403(a)(40) 66 Stat. 280 Section 375a, , §§ 1, 2, , relating to exemption from declaration of intention and filing of petition by children spending childhood in United States, was repealed by , .
act June 15, 1935, ch. 255, § 1 49 Stat. 376 act June 29, 1906, ch. 3592, § 4(8) May 9, 1918, ch. 69, § 1 40 Stat. 544 Section 376, providing that alien seamen declarants should be deemed citizens for purposes of protection, was repealed by , . It was from , as added , .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592, § 4(10) May 9, 1918, ch. 69, § 1 40 Stat. 545 May 25, 1932, ch. 203, § 10 47 Stat. 166 Section 377, authorizing naturalization of certain aliens erroneously exercising rights and duties of citizenship prior to , was repealed by , subch. V, § 504, . It was from , as added , , and amended , .
Feb. 25, 1927, ch. 192, § 2 44 Stat. 1234 May 17, 1932, ch. 190 47 Stat. 158 Section 377a, related to naturalization of inhabitants of Virgin Islands. It was from acts , ; , .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 Mar. 2, 1929, ch. 536, § 4 45 Stat. 1513 May 25, 1932, ch. 203, § 6 47 Stat. 166 section 729(b) of this titleact June 29, 1906, ch. 3592, § 36 Mar. 2, 1929, ch. 536, § 9 45 Stat. 1516 section 1444 of this titleact June 29, 1906, ch. 3592, § 4(11) May 9, 1918, ch. 69, § 1 40 Stat. 545 section 1442 of this titleact June 29, 1906, ch. 3592, § 4 34 Stat. 596 Mar. 2, 1929, ch. 536, § 6(a) 45 Stat. 1513 June 20, 1939, ch. 224, § 2 53 Stat. 843 act June 29, 1906, ch. 3592, § 4 34 Stat. 596 Mar. 2, 1929, ch. 536, § 5 45 Stat. 1513 Apr. 19, 1934, ch. 154, § 3 48 Stat. 597 section 1455(a)(2) of this titleact June 29, 1906, ch. 3592, § 35 Mar. 2, 1929, ch. 536, § 9 45 Stat. 1516 May 17, 1932, ch. 190 47 Stat. 158 June 29, 1906, ch. 3592, § 4 34 Stat. 596 Mar. 2, 1929, ch. 536, § 6b 45 Stat. 1513 June 25, 1936, ch. 811, § 1 49 Stat. 1925 June 29, 1938, ch. 819 52 Stat. 1247 June 20, 1939, ch. 224, § 3 53 Stat. 844 section 1448 of this titleact June 25, 1936, ch. 811, § 2 49 Stat. 1925 section 1427(c) of this titleact Aug. 9, 1939, ch. 610 53 Stat. 1273 Sections 377b to 382c were repealed by , subch. V, § 504, . Section 377b, requiring lawful entry and certificate of arrival as prerequisite to declaration of intention, was from acts , ; , ; similar provisions were contained in former . Section 377c, relating to photographs of aliens seeking to become citizens, was from , as added , ; see . Section 378, enumerating conditions under which alien enemies could be naturalized, was from , as added , ; see . Section 379, relating to petitions for naturalization, was from , , as amended , ; , ; see sections 1445 and 1446(f) of this title. Section 380, providing that certificate of arrival and declaration of intention should be made a part of petition for naturalization was from , ; see section 1445(a), (b) of this title. Section 380a, relating to fees for issuance of certificates of arrival, was from acts , ; , ; see . Section 380b, defining county as used in former sections 379, 382, and 388 of this title, was from , as added , , and amended , . Sections 381 and 382(c), relating to oaths of aliens admitted to citizenship and certain prerequisites to admission, respectively, were from acts , ; , ; , ; , ; , ; on the subject of section 381 see ; and on the subject of section 382 see sections 1427, 1430(b) and 1446(g) of this title. Sections 382a, relating to absence from country as affecting continuity of residence for purpose of naturalization, was from , ; see . Sections 382b and 382c, relating to temporary absences of clergymen as affecting continuity of residence, were from , §§ 1, 2, respectively, ; see sections 1428 and 1443(a), respectively, of this title.
act Mar. 2, 1929, ch. 536, § 6(e) 45 Stat. 1514 act June 29, 1906, ch. 3592, § 10 34 Stat. 599 Section 383, relating to proof of residence by deposition, was repealed by , . It was from , .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592, § 4(7) May 9, 1918, ch. 69, § 1 40 Stat. 544 May 25, 1932, ch. 203, § 3 47 Stat. 165 section 1441(a)(2) of this titleSection 384, relating to residence of aliens serving on vessels of foreign registry, was repealed by , subch. V, § 504, . It was from , as added , ; amended , . See .
Apr. 30, 1900, ch. 339, § 100 31 Stat. 161 May 27, 1910, ch. 258, § 9 36 Stat. 448 Oct. 14, 1940, ch. 876 54 Stat. 1172 Section 385, related to validation of Hawaiian jurisdiction exercised prior to . It was from acts , ; , ; , title I, subch. V, § 504, .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592, § 4 34 Stat. 596 section 1448(b) of this titleact June 29, 1906, ch. 3592, § 4(9) May 9, 1918, ch. 69, § 1 40 Stat. 544 act June 29, 1906, ch. 3592, § 4(7) May 9, 1918, ch. 69, § 1 40 Stat. 542 June 4, 1920, ch. 227, § 30 41 Stat. 776 Mar. 2, 1929, ch. 536, § 6(c) 45 Stat. 1514 May 17, 1932, ch. 190 47 Stat. 158 May 25, 1932, ch. 203, § 2(a) 47 Stat. 165 July 30, 1937, ch. 545, § 3 50 Stat. 548 act June 29, 1906, ch. 3592, § 4(7) May 9, 1918, ch. 69, § 1 40 Stat. 542 Sections 386 to 389 were repealed by , subch. V, § 504, . Section 386, providing for the renunciation of titles of nobility by aliens seeking citizenship, was from , ; see . Section 387, relating to reimbursement for publication of citizenship textbooks, was from , as added , ; see sections 1443 (b) and 1457 of this title. Section 388, relating to residence requirements for certain Filipinos and Puerto Ricans serving in military service, was from , as added , ; , ; , (d), ; , ; , ; , ; see sections 1427, 1439, and 1441(a)(1) of this title. Section 389, relating to residence of aliens conditionally serving in military services after honorable discharge, was from , as added , .
act June 27, 1952, ch. 477, title IV, § 403(a)(37) 66 Stat. 280 act Aug. 19, 1937, ch. 698, § 2 Aug. 16, 1940, ch. 684 54 Stat. 789 Section 389a, relating to naturalization of alien veterans of World War I, was repealed by , . It was from , as added , .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592 May 19, 1918, ch. 69, § 1 40 Stat. 542 section 1439 of this titleSections 390 to 392, relating to naturalization of alien veterans of World War I, were repealed by , subch. V, § 504, . They were from , §§ 4(7), 4(13), and 4(7), respectively, as added , to 544. See .
act Oct. 11, 1940, ch. 876 54 Stat. 1172 May 26, 1926, ch. 398, § 7 44 Stat. 655 Mar. 4, 1929, ch. 683, § 3 45 Stat. 1546 May 25, 1932, ch. 203, § 1 47 Stat. 165 June 24, 1935, ch. 288 49 Stat. 395 Aug. 23, 1937, ch. 735 50 Stat. 743 53 Stat. 851 Sections 392a to 392d related to naturalization of alien veterans of World War I. Sections 392b to 392d were repealed by title I, subch. V, § 504, . Section 392a was from acts , ; , . Sections 392b to 392d were from acts , ; Ex. Ord. No. 6166, § 14, ; , §§ 1 to 3, ; , §§ 1 to 3, , 744; , ch, 234, §§ 1 to 3, .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 24, 1935, ch. 290 49 Stat. 397 act June 29, 1906, ch. 3592, § 4(7) May 9, 1918, ch. 69 40 Stat. 543 act June 29, 1906, ch. 3592 34 Stat. 598 Mar. 3, 1931, ch. 442 46 Stat. 1511 Sections 392e to 398 were repealed by , subch. V, § 504, . Sections 392e to 392g, relating to naturalization of alien veterans of World War I formerly ineligible because of race, were from , §§ 1–3, respectively, , 398. Sections 393 to 395, relating to naturalization of alien veterans, were from , as added , §§ 1, 2, ; see sections 1439 and 1441(a)(1) of this title. Sections 396 to 398, relating to time of filing petition, subpoena of witnesses, and final hearings on petitions, respectively, were from , §§ 6, 5, 9, respectively, , 599, as amended , §§ 1, 2, ; see sections 1445(c) and 1447(a), (e) of this title.
act May 3, 1940, ch. 183, § 2 54 Stat. 178 section 1448a of this titleSection 398a, , , related to patriotic address to new citizens. See .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592, § 11 34 Stat. 599 section 1447 of this titleact June 8, 1926, ch. 502 44 Stat. 709 June 29, 1906, ch. 3592 Mar. 2, 1929, ch. 536, § 9 45 Stat. 1515 May 25, 1932, ch. 203 47 Stat. 165 Apr. 19, 1934, ch. 154 48 Stat. 597 act Mar. 2, 1929, ch. 536, § 10 45 Stat. 1516 section 1458 of this titleact Apr. 19, 1934, ch. 154, § 5 48 Stat. 598 section 1455 of this titleJune 29, 1906, ch. 3592 34 Stat. 599 June 25, 1910, ch. 401, § 1 36 Stat. 829 Mar. 4, 1913, ch. 141, § 3 37 Stat. 737 June 12, 1917, ch. 27, § 1 40 Stat. 171 Feb. 26, 1919, ch. 49 40 Stat. 1182 Feb. 11, 1921, ch. 46 41 Stat. 1099 Mar. 4, 1921, ch. 161, § 1 41 Stat. 1412 June 10, 1921, ch. 18, § 304 42 Stat. 24 Mar. 2, 1929, ch. 536, § 7(a) 45 Stat. 1514 Apr. 19, 1934, ch. 154, § 1 48 Stat. 597 Sections 399 to 402 were repealed by , subch. V, § 504, . Section 399, authorizing the United States to appear and oppose the right of aliens to naturalization, was from , ; see . Section 399a, relating to preliminary examination of petitioners for naturalization, was from , ; see sections 1446 and 1447 of this title. Sections 399b to 399d, relating to certificates of citizenship, were from acts , §§ 32 to 34, respectively, as added , ; amended , §§ 4, 5, ; , §§ 2, 4, ; see sections 1452, 1454 and 1455(g) of this title. Section 399e, relating to annual reports of Commissioner of Immigration, was from , ; see . Section 399f, relating to counsel fees in naturalization proceedings, was from , ; see . Sections 400 to 402, relating to clerks of naturalization courts and their fees and clerical assistants, were from acts , §§ 12, 13, , as amended , ; , ; , ; , §§ 1, 2, ; , ; , ; , ; , ; and , ; see sections 1450(a)–(d), 1455, and 1459(b), (c) of this title.
act Mar. 2, 1929, ch. 536, § 7(b) 45 Stat. 1515 section 1455(e) of this titleSection 402a, related to disposition of fees received by clerks of courts. It was from , ; Ex. Ord. No. 6166, § 14, . See .
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592 34 Stat. 601 May 9, 1918, ch. 69, § 1 40 Stat. 544 June 29, 1906, ch. 3592, § 15 34 Stat. 601 May 9, 1918, ch. 69, § 1 40 Stat. 544 section 1451 of this titleSections 403 to 405 were repealed by , subch. V, § 504, . Sections 403 and 404, relating to fees collectible from alien soldiers, and to recording declarations and petitions, respectively, were from , §§ 4(7), 14, respectively, , as amended ; see sections 1450(e) and 1455(h) of this title. Section 405, relating to cancellation of certificates of citizenship, was from acts , ; , ; see .
May 9, 1918, ch. 69, § 3 40 Stat. 548 June 29, 1906, ch. 3624, § 1 34 Stat. 630 Sections 406 and 407 validated certain certificates of naturalization. They were from acts , , and , , respectively.
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act June 29, 1906, ch. 3592 34 Stat. 596 Mar. 4, 1913, ch. 141, § 3 37 Stat. 737 May 9, 1918, ch. 69, § 3 40 Stat. 548 act June 29, 1906, ch. 3592 34 Stat. 602 Sections 408 to 415 were repealed by , subch. V, § 504, . Sections 408 and 409, relating to naturalization forms, were from , §§ 3, 27, respectively, , 603; , ; , ; on the subject of section 408 see sections 1421(c) and 1443(c) of this title, and on the subject of section 409 see sections 1445(a)–(d), (f), and 1449 of this title. Sections 410 to 415, relating to the punishment of crimes in connection with the naturalization of aliens, were from , §§ 18, 20–24, respectively, , 603; present provisions are contained in sections 1451(a), (b), (d), (e), (g)–(i) and 1459 of this title and sections 911, 1015, 1421–1429, 1719 and 3282 of Title 18, Crimes and Criminal Procedure.
act Oct. 14, 1940, ch. 876, title I 54 Stat. 1172 act May 9, 1918, ch. 69, § 2 40 Stat. 547 section 1101 of this titleSection 416, authorizing punishment of offenses against naturalization laws committed prior to , under laws then in effect but since repealed, was repealed by , subch. V, § 504, . It was from , . See note set out under .