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8 U.S.C. § 1430 — Married persons and employees of certain nonprofit organizations

submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 894 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section provides special naturalization rules for citizen spouses, certain people employed abroad, surviving families of service members, and spouses accompanying service members abroad.

(a) A person married to a United States citizen, or a qualifying battered or extremely abused spouse or child, may be naturalized after three years of continuous residence, the stated marital-union and citizenship period, half-period physical presence, and three-month local residence, except for section 1427(a)(1). (b) A person with a spouse meeting the listed citizen or qualifying foreign-employment conditions may naturalize without prior residence or specified physical presence if in the United States at naturalization and making the stated good-faith intention to return. (c) A person employed at least five continuous years after permanent admission by a qualifying United States nonprofit information organization may similarly naturalize if the application is timely, the person is present, and makes the stated declaration. (d) A surviving spouse, child, or parent of a citizen who died during honorable active-duty Armed Forces service may naturalize without the listed residence or presence requirements; a surviving spouse must have lived in marital union at death. “United States citizen” and “citizen spouse” include posthumous citizenship recipients under section 1440–1. (e) A permanent-resident spouse authorized by official orders to live abroad with an Armed Forces member and doing so in marital union counts foreign residence and presence as residence and presence in the United States and any State or Department of Homeland Security district, and may use section 1443a overseas proceedings.

the actual law source: uscode.house.gov ↗public domain
(a)

Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427(a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

(b)

Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and (C) regularly stationed abroad in such employment, and (2) who is in the United States at the time of naturalization, and (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

(c)

Any person who (1) is employed by a bona fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and (2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and (3) who files his application for naturalization while so employed or within six months following the termination thereof, and (4) who is in the United States at the time of naturalization, and (5) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified period of physical presence within the United States or any State or district of the Service in the United States, or proof thereof, shall be required.

(d)

Any person who is the surviving spouse, child, or parent of a United States citizen, whose citizen spouse, parent, or child dies during a period of honorable service in an active duty status in the Armed Forces of the United States and who, in the case of a surviving spouse, was living in marital union with the citizen spouse at the time of his death, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified physical presence within the United States, or within a State or a district of the Service in the United States shall be required. For purposes of this subsection, the terms “United States citizen” and “citizen spouse” include a person granted posthumous citizenship under section 1440–1 of this title.

(e)
(1)

In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member’s official orders, and is so accompanying and residing with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection (a) and section 1427(a) of this title, as residence and physical presence in—

(A)

the United States; and

(B)

any State or district of the Department of Homeland Security in the United States.

(2)

Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1443a of this title.

Source credit: (June 27, 1952, ch. 477, title III, ch. 2, § 319, 66 Stat. 244; Pub. L. 85–697, § 2, Aug. 20, 1958, 72 Stat. 687; Pub. L. 90–215, § 1(a), Dec. 18, 1967, 81 Stat. 661; Pub. L. 90–369, June 29, 1968, 82 Stat. 279; Pub. L. 101–649, title IV, § 407(b)(1), (c)(5), (d)(4), Nov. 29, 1990, 104 Stat. 5040, 5041; Pub. L. 106–386, div. B, title V, § 1503(e), Oct. 28, 2000, 114 Stat. 1522; Pub. L. 108–136, div. A, title XVII, § 1703(f)(1), (h), Nov. 24, 2003, 117 Stat. 1695, 1696; Pub. L. 110–181, div. A, title VI, § 674(a), Jan. 28, 2008, 122 Stat. 185.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 244
  • 1958Amended · Pub. L. 85-697 · 72 Stat. 687
  • 1967Amended · Pub. L. 90-215 · 81 Stat. 661
  • 1968Amended · Pub. L. 90-369 · 82 Stat. 279
  • 1990Amended · Pub. L. 101-649 · 104 Stat. 5040, 5041
  • 2000Amended · Pub. L. 106-386 · 114 Stat. 1522
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1695, 1696
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 185

A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.

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