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8 U.S.C. § 1441Constructive residence through service on certain United States vessels

submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 224 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain qualifying service on United States vessels counts as residence and physical presence in the United States for naturalization. The service must have occurred within the five years before the naturalization application and must be proved with specified records or certificates.

For a person lawfully admitted for permanent residence, every period during which the person served honorably or with good conduct, in a capacity other than Armed Forces service, is treated as residence and physical presence in the United States for section 1427(a) if it occurred within the five years before the naturalization application. The service must have been: (A) on a vessel operated by the United States or its agency, wholly legally and equitably owned by the United States; or (B) on a vessel home-ported in the United States that (i) is registered under United States law, or (ii) is wholly legally and equitably owned by a United States citizen or a corporation organized under a State's law. Service on an (A) vessel must be proved by authenticated copies of records held by the responsible executive department or agency. Service on a (B) vessel may be proved by certificates from the vessel's masters.
the actual law source: uscode.house.gov ↗public domain

Any periods of time during all of which a person who was previously lawfully admitted for permanent residence has served honorably or with good conduct, in any capacity other than as a member of the Armed Forces of the United States, (A) on board a vessel operated by the United States, or an agency thereof, the full legal and equitable title to which is in the United States; or (B) on board a vessel whose home port is in the United States, and (i) which is registered under the laws of the United States, or (ii) the full legal and equitable title to which is in a citizen of the United States, or a corporation organized under the laws of any of the several States of the United States, shall be deemed residence and physical presence within the United States within the meaning of section 1427(a) of this title, if such service occurred within five years immediately preceding the date such person shall file an application for naturalization. Service on vessels described in clause (A) of this section shall be proved by duly authenticated copies of the records of the executive departments or agency having custody of the records of such service. Service on vessels described in clause (B) of this section may be proved by certificates from the masters of such vessels.

Source credit: (June 27, 1952, ch. 477, title III, ch. 2, § 330, 66 Stat. 251; Pub. L. 100–525, § 9(z), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101–649, title IV, § 407(c)(12), Nov. 29, 1990, 104 Stat. 5041; Pub. L. 102–232, title III, § 305(m)(5), Dec. 12, 1991, 105 Stat. 1750.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 251
  • 1988Amended · Pub. L. 100-525 · 102 Stat. 2621
  • 1990Amended · Pub. L. 101-649 · 104 Stat. 5041
  • 1991Amended · Pub. L. 102-232 · 105 Stat. 1750

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

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