
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1401a]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
       Part I--Nationality at Birth and Collective Naturalization
 
Sec. 1401a. Birth abroad before 1952 to service parent

    Section 1401(g) of this title shall be considered to have been and 
to be applicable to a child born outside of the United States and its 
outlying possessions after January 12, 1941, and before December 24, 
1952, of parents one of whom is a citizen of the United States who has 
served in the Armed Forces of the United States after December 31, 1946, 
and before December 24, 1952, and whose case does not come within the 
provisions of section 201(g) or (i) of the Nationality Act of 1940.

(Mar. 16, 1956, ch. 85, 70 Stat. 50; Pub. L. 97-116, Sec. 18(u)(2), Dec. 
29, 1981, 95 Stat. 1621.)

                       References in Text

    Section 201(g) and (i) of the Nationality Act of 1940, referred to 
in text, which were repealed by act June 27, 1952, ch. 477, title IV, 
Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952, provided as follows:
    ``The following shall be nationals and citizens of the United States 
at birth:

                                * * * * *

    ``(g) A person born outside the United States and its outlying 
possessions of parents one of whom is a citizen of the United States 
who, prior to the birth of such person, has had ten years' residence in 
the United States or one of its outlying possessions, at least five of 
which were after attaining the age of sixteen years, the other being an 
alien: Provided, That, in order to retain such citizenship, the child 
must reside in the United States or its outlying possessions for a 
period or periods totaling five years between the ages of thirteen and 
twenty-one years: Provided further, That, if the child has not taken up 
a residence in the United States or its outlying possessions by the time 
he reaches the age of sixteen years, or if he resides abroad for such a 
time that it becomes impossible for him to complete the five years' 
residence in the United States or its outlying possessions before 
reaching the age of twenty-one years, his American citizenship shall 
thereupon cease.
    ``The preceding provisos shall not apply to a child born abroad 
whose American parent is at the time of the child's birth residing 
abroad solely or principally in the employment of the Government of the 
United States or a bona fide American, educational, scientific, 
philanthropic, religious, commercial, or financial organization, having 
its principal office or place of business in the United States, or an 
international agency of an official character in which the United States 
participates, for which he receives a substantial compensation:

                                * * * * *

    ``(i) A person born outside the United States and its outlying 
possessions of parents one of whom is a citizen of the United States who 
has served or shall serve honorably in the armed forces of the United 
States after December 7, 1941, and before the date of the termination of 
hostilities in the present war as proclaimed by the President or 
determined by a joint resolution by the Congress and who, prior to the 
birth of such person, has had ten years' residence in the United States 
or one of its outlying possessions, at least five of which were after 
attaining the age of twelve years, the other being an alien: Provided, 
That in order to retain such citizenship, the child must reside in the 
United States or its outlying possessions for a period or periods 
totaling five years between the ages of thirteen and twenty-one years: 
Provided further, That, if the child has not taken up a residence in the 
United States or its outlying possessions by the time he reaches the age 
of sixteen years, or if he resides abroad for such a time that it 
becomes impossible for him to complete the five years' residence in the 
United States or its outlying possessions before reaching the age of 
twenty-one years, his American citizenship shall thereupon cease.''

                          Codification

    Section was not enacted as part of the Immigration and Nationality 
Act which comprises this chapter.


                               Amendments

    1981--Pub. L. 97-116 substituted ``Section 1401(g)'' for ``Section 
1401(a)(7)''.


                    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.
