8 U.S.C. § 1438 — Former citizens losing citizenship by entering armed forces of foreign countries during World War II
submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 440 words · no verdicts yet
A person who lost citizenship by serving in a qualifying foreign force during World War II may regain it through naturalization. The person must meet the stated character, residence, and permanent-residence conditions, and citizenship is not retroactive.
(a) A person who, while a U.S. citizen during World War II, served in the military, air, or naval forces of a country at war with a country the United States fought after December 7, 1941 and before September 2, 1945, and lost U.S. citizenship by entering or serving in those forces or taking the required oath, may be naturalized after meeting this subchapter except section 1427(a) and subject to subsection (b). The person must take the section 1448 oath before the Attorney General* or a court described in section 1421(b). The court must send certified oath copies to State* and Justice; the Attorney General must send one to the Secretary of State. (b) The person must have had good moral character, attachment to constitutional principles, and a favorable disposition toward U.S. good order and happiness for the five years immediately before taking the oath, must have been lawfully admitted* for permanent* residence*, and must intend to live permanently in the United States. (c) After naturalization, the person has the status—native-born or naturalized—that the person had before losing citizenship. Nothing here or elsewhere grants retroactive citizenship for a period when the person was not a citizen. (d) World War II is treated as beginning September 1, 1939 and ending September 2, 1945. (e) This section does not apply to a person who served during World War II in a country’s armed forces while that country was at war with the United States.
Any 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 December 7, 1941, and before September 2, 1945, 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 section 1427(a) of this title, and except as otherwise provided in subsection (b), be naturalized by taking before the Attorney General* or before a court described in section 1421(b) of this title the oath required by section 1448 of this title. 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.
No person shall be naturalized under subsection (a) of this section unless he—
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
has been lawfully admitted* to the United States for permanent* residence* and intends to reside permanently in the United States.
Any 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: Provided, 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.
For the purposes of this section, World War II shall be deemed to have begun on September 1, 1939, and to have terminated on September 2, 1945.
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.
Source credit: (June 27, 1952, ch. 477, title III, ch. 2, § 327, 66 Stat. 248; Pub. L. 101–649, title IV, § 407(d)(7), Nov. 29, 1990, 104 Stat. 5042.)
- 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 248
- 1990Amended · Pub. L. 101-649 · 104 Stat. 5042
A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.
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