8-U.S.C.-1445
§1445 – Application For Naturalization; Declaration of Intention
Pathway
Title 8 > Chapter 12 > Subchapter III > Part II > Section 1445
Details
- Reference: Section 1445
- Legend: §1445 – Application For Naturalization; Declaration of Intention
- USCode Year: 2013
Provision Content
(a) Evidence and form
An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicants own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicants naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.
(b) Who may file
No person shall file a valid application for naturalization unless he shall have attained the age of eighteen years. An application for naturalization by an alien shall contain an averment of lawful admission for permanent residence.
(c) Hearings
Hearings under section 1447(a) of this title on applications for naturalization shall be held at regular intervals specified by the Attorney General.
(d) Filing of application
Except as provided in subsection (e) of this section, an application for naturalization shall be filed in the office of the Attorney General.
(e) Substitute filing place and administering oath other than before Attorney General
A person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the person has an illness or other disability which—
(1) is of a permanent nature and is sufficiently serious to prevent the persons personal appearance, or
(2) is of a nature which so incapacitates the person as to prevent him from personally appearing.
(f) Declaration of intention
An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General. Nothing in this subsection shall be construed as requiring any such alien to make and file a declaration of intention as a condition precedent to filing an application for naturalization nor shall any such declaration of intention be regarded as conferring or having conferred upon any such alien United States citizenship or nationality or the right to United States citizenship or nationality, nor shall such declaration be regarded as evidence of such aliens lawful admission for permanent residence in any proceeding, action, or matter arising under this chapter or any other Act.
(June 27, 1952, ch. 477, title III, ch. 2, §334, 66 Stat. 254; Pub. L. 97–116, §15(b), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 101–649, title IV, §§401(b), 407(c)(15), (d)(12), Nov. 29, 1990, 104 Stat. 5038, 5041, 5042; Pub. L. 102–232, title III, §305(d), (e), (m)(7), Dec. 12, 1991, 105 Stat. 1750.)
References in Text
This chapter, referred to in subsec. (f), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 section 1101 of this title and Tables.
Amendments
1991—Subsec. (a). Pub. L. 102–232, §305(m)(7), struck out , in duplicate,” after file with the Attorney General”.
Pub. L. 102–232, §305(e), made technical correction to directory language of Pub. L. 101–649, §407(d)(12)(B). See 1990 Amendment note below.
Subsecs. (f), (g). Pub. L. 102–232, §305(d), redesignated subsec. (g) as (f).
1990—Pub. L. 101–649, §407(d)(12)(A), substituted Application for naturalization; declaration of intention” for Petition for naturalization” in section catchline.
Subsec. (a). Pub. L. 101–649, §407(c)(15), (d)(12)(B), as amended by Pub. L. 102–232, §305(e), substituted with the Attorney General” for in the office of the clerk of a naturalization court”, under this subchapter” for upon the hearing of such petition”, and application” for petition” wherever appearing.
Pub. L. 101–649, §401(b), inserted at end In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.”
Subsec. (b). Pub. L. 101–649, §407(c)(15), (d)(12)(C), substituted application” for petition” in first sentence, and struck out (1)” before he shall have attained”, and (2) he shall have first filed an application therefor at an office of the Service in the form and manner prescribed by the Attorney General” after eighteen years”, and petition for” after An application for”.
Subsecs. (c) to (e). Pub. L. 101–649, §407(d)(12)(F), added subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which related to time to file, substitute filing place, and investigation into reasons for substitute filing place, respectively.
Subsecs. (f), (g). Pub. L. 101–649, §407(c)(15), (d)(12)(D), (E), redesignated subsec. (f) as (g), substituted An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General.” for Any alien over eighteen years of age who is residing in the United States pursuant to a lawful admission for permanent residence may, upon an application prescribed, filed with, and approved by the Service, make and file in duplicate in the office of the clerk of court, regardless of the aliens place of residence in the United States, a signed declaration of intention to become a citizen of the United States, in such form as the Attorney General shall prescribe.”, and substituted an application” for a petition” in last sentence.
1981—Subsec. (a). Pub. L. 97–116 struck out and duly verified by two witnesses,” after able to write,”.
Effective Date of 1991 Amendment
Amendment by section 305(d), (e) of Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.
Pub. L. 102–232, title III, §305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.
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.
U.S. Encyclopedia of Law Coverage
8-U.S.C.-1441 in the Legal Encyclopedia: Immigration
In this entry about 8-U.S.C.-1441, find legal reference material, bibliographies and premiere content related to immigration in the American Encyclopedia of Law, presenting a comprehensive view of the United States immigration-specific issues, written by authorities in the field.
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