
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1427]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1427. Requirements of naturalization


(a) Residence

    No person, except as otherwise provided in this subchapter, shall be 
naturalized unless such applicant, (1) 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 five years and during the five years immediately 
preceding the date of filing his application has been physically present 
therein for periods totaling at least half of that time, and who has 
resided within the State or within the district of the Service in the 
United States in which the applicant filed the application for at least 
three months, (2) has resided continuously within the United States from 
the date of the application up to the time of admission to citizenship, 
and (3) during all the periods referred to in this subsection has been 
and still is 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.

(b) Absences

    Absence from the United States of more than six months but less than 
one year during the period for which continuous residence is required 
for admission to citizenship, immediately preceding the date of filing 
the application for naturalization, or during the period between the 
date of filing the application and the date of any hearing under section 
1447(a) of this title, shall break the continuity of such residence, 
unless the applicant shall establish to the satisfaction of the Attorney 
General that he did not in fact abandon his residence in the United 
States during such period.
    Absence from the United States for a continuous period of one year 
or more during the period for which continuous residence is required for 
admission to citizenship (whether preceding or subsequent to the filing 
of the application for naturalization) shall break the continuity of 
such residence, except that in the case of a person who has been 
physically present and residing in the United States, after being 
lawfully admitted for permanent residence, for an uninterrupted period 
of at least one year, and who thereafter is employed by or under 
contract with the Government of the United States or an American 
institution of research recognized as such by the Attorney General, or 
is employed by 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 more than 50 per centum of whose stock 
is owned by an American firm or corporation, or is employed by a public 
international organization of which the United States is a member by 
treaty or statute and by which the alien was not employed until after 
being lawfully admitted for permanent residence, no period of absence 
from the United States shall break the continuity of residence if--
        (1) prior to the beginning of such period of employment (whether 
    such period begins before or after his departure from the United 
    States), but prior to the expiration of one year of continuous 
    absence from the United States, the person has established to the 
    satisfaction of the Attorney General that his absence from the 
    United States for such period is to be on behalf of such Government, 
    or for the purpose of carrying on scientific research on behalf of 
    such institution, or to be engaged in the development of such 
    foreign trade and commerce or whose residence abroad is necessary to 
    the protection of the property rights in such countries in such firm 
    or corporation, or to be employed by a public international 
    organization of which the United States is a member by treaty or 
    statute and by which the alien was not employed until after being 
    lawfully admitted for permanent residence; and
        (2) such person proves to the satisfaction of the Attorney 
    General that his absence from the United States for such period has 
    been for such purpose.

The spouse and dependent unmarried sons and daughters who are members of 
the household of a person who qualifies for the benefits of this 
subsection shall also be entitled to such benefits during the period for 
which they were residing abroad as dependent members of the household of 
the person.

(c) Physical presence

    The granting of the benefits of subsection (b) of this section shall 
not relieve the applicant from the requirement of physical presence 
within the United States for the period specified in subsection (a) of 
this section, except in the case of those persons who are employed by, 
or under contract with, the Government of the United States. In the case 
of a person employed by or under contract with Central Intelligence 
Agency, the requirement in subsection (b) of this section of an 
uninterrupted period of at least one year of physical presence in the 
United States may be complied with by such person at any time prior to 
filing an application for naturalization.

(d) Moral character

    No finding by the Attorney General that the applicant is not 
deportable shall be accepted as conclusive evidence of good moral 
character.

(e) Determination

    In determining whether the applicant has sustained the burden of 
establishing good moral character and the other qualifications for 
citizenship specified in subsection (a) of this section, the Attorney 
General shall not be limited to the applicant's conduct during the five 
years preceding the filing of the application, but may take into 
consideration as a basis for such determination the applicant's conduct 
and acts at any time prior to that period.

(f) Persons making extraordinary contributions to national security

    (1) Whenever the Director of Central Intelligence, the Attorney 
General and the Commissioner of Immigration determine that an applicant 
otherwise eligible for naturalization has made an extraordinary 
contribution to the national security of the United States or to the 
conduct of United States intelligence activities, the applicant may be 
naturalized without regard to the residence and physical presence 
requirements of this section, or to the prohibitions of section 1424 of 
this title, and no residence within a particular State or district of 
the Service in the United States shall be required: Provided, That the 
applicant has continuously resided in the United States for at least one 
year prior to naturalization: Provided further, That the provisions of 
this subsection shall not apply to any alien described in clauses (i) 
through (v) of section 1158(b)(2)(A) of this title.
    (2) An applicant for naturalization under this subsection may be 
administered the oath of allegiance under section 1448(a) of this title 
by any district court of the United States, without regard to the 
residence of the applicant. Proceedings under this subsection shall be 
conducted in a manner consistent with the protection of intelligence 
sources, methods and activities.
    (3) The number of aliens naturalized pursuant to this subsection in 
any fiscal year shall not exceed five. The Director of Central 
Intelligence shall inform the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate and the Permanent Select 
Committee on Intelligence and the Committee on the Judiciary of the 
House of Representatives within a reasonable time prior to the filing of 
each application under the provisions of this subsection.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 316, 66 Stat. 242; Pub. 
L. 97-116, Sec. 14, Dec. 29, 1981, 95 Stat. 1619; Pub. L. 99-169, title 
VI, Sec. 601, Dec. 4, 1985, 99 Stat. 1007; Pub. L. 101-649, title IV, 
Secs. 402, 407(c)(2), (d)(1), (e)(1), Nov. 29, 1990, 104 Stat. 5038, 
5041, 5046; Pub. L. 104-208, div. C, title III, Sec. 308(g)(7)(F), Sept. 
30, 1996, 110 Stat. 3009-624.)


                               Amendments

    1996--Subsec. (f)(1). Pub. L. 104-208 substituted ``clauses (i) 
through (v) of section 1158(b)(2)(A) of this title'' for ``subparagraphs 
(A) through (D) of section 1253(h)(2) of this title''.
    1990--Subsec. (a). Pub. L. 101-649, Sec. 407(c)(2), substituted 
references to applicant and application for references to petitioner and 
petition wherever appearing.
    Pub. L. 101-649, Sec. 402, substituted ``and who has resided within 
the State or within the district of the Service in the United States in 
which the applicant filed the application for at least three months'' 
for ``and who has resided within the State in which the petitioner filed 
the petition for at least six months'' in cl. (1).
    Subsec. (b). Pub. L. 101-649, Sec. 407(d)(1)(A), (B), substituted 
``the Attorney General'' for ``the court'' in first par. and subpar. (2) 
of second par., and ``date of any hearing under section 1447(a) of this 
title'' for ``date of final hearing'' in first par.
    Pub. L. 101-649, Sec. 407(c)(2), substituted references to applicant 
and application for references to petitioner and petition wherever 
appearing.
    Subsec. (c). Pub. L. 101-649, Sec. 407(c)(2), substituted references 
to applicant and application for references to petitioner and petition 
wherever appearing.
    Subsec. (d). Pub. L. 101-649, Sec. 407(c)(2), substituted reference 
to applicant for reference to petitioner.
    Subsec. (e). Pub. L. 101-649, Sec. 407(d)(1)(C), substituted ``the 
Attorney General'' for ``the court''.
    Pub. L. 101-649, Sec. 407(c)(2), substituted references to 
applicant, applicant's, and application for references to petitioner, 
petitioner's, and petition wherever appearing.
    Subsec. (f). Pub. L. 101-649, Sec. 407(e)(1), redesignated subsec. 
(g) as (f) and struck out former subsec. (f) which read as follows: 
``Naturalization shall not be granted to a petitioner by a 
naturalization court while registration proceedings or proceedings to 
require registration against an organization of which the petitioner is 
a member or affiliate are pending under section 792 or 793 of title 
50.''
    Subsec. (f)(1). Pub. L. 101-649, Sec. 407(d)(1)(D), substituted 
``within a particular State or district of the Service in the United 
States'' for ``within the jurisdiction of the court''.
    Pub. L. 101-649, Sec. 407(c)(2), substituted references to applicant 
for references to petitioner wherever appearing.
    Subsec. (f)(2). Pub. L. 101-649, Sec. 407(d)(1)(E), amended first 
sentence generally. Prior to amendment, first sentence read as follows: 
``A petition for naturalization may be filed pursuant to this subsection 
in any district court of the United States, without regard to the 
residence of the petitioner.''
    Subsec. (f)(3). Pub. L. 101-649, Sec. 407(c)(2), substituted 
reference to application for reference to petition.
    1985--Subsec. (g). Pub. L. 99-169 added subsec. (g).
    1981--Subsec. (b). Pub. L. 97-116 inserted provision that the spouse 
and dependent unmarried sons and daughters who are members of the 
household of a person who qualifies for the benefits of this subsection 
also be entitled to such benefits during the period for which they were 
residing abroad as dependent members of the household of the person.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective, with certain transitional 
provisions, on the first day of the first month beginning more than 180 
days after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out 
as a note under section 1101 of this title.


                    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.


                        Expedited Naturalization

    Pub. L. 104-293, title III, Sec. 305, Oct. 11, 1996, 110 Stat. 3465, 
as amended by Pub. L. 106-120, title III, Sec. 307, Dec. 3, 1999, 113 
Stat. 1612, provided that:
    ``(a) In General.--With the approval of the Director of Central 
Intelligence, the Attorney General, and the Commissioner of Immigration 
and Naturalization, an applicant described in subsection (b) and 
otherwise eligible for naturalization may be naturalized without regard 
to the residence and physical presence requirements of section 316(a) of 
the Immigration and Nationality Act [8 U.S.C. 1427(a)], or to the 
prohibitions of section 313 of such Act [8 U.S.C. 1424], and no 
residence within a particular State or district of the Immigration and 
Naturalization Service in the United States shall be required.
    ``(b) Eligible Applicant.--An applicant eligible for naturalization 
under this section is the spouse or child of a deceased alien whose 
death resulted from the intentional and unauthorized disclosure of 
classified information regarding the alien's participation in the 
conduct of United States intelligence activities and who--
        ``(1) has resided continuously, after being lawfully admitted 
    for permanent residence, within the United States for at least one 
    year prior to naturalization; and
        ``(2) is not described in clauses (i) through (iv) of section 
    241(b)(3)(B) of such Act [8 U.S.C. 1231(b)(3)(B)].
    ``(c) Administration of Oath.--An applicant for naturalization under 
this section may be administered the oath of allegiance under section 
337(a) of the Immigration and Nationality Act [8 U.S.C. 1448(a)] by the 
Attorney General or any district court of the United States, without 
regard to the residence of the applicant. Proceedings under this 
subsection shall be conducted in a manner consistent with the protection 
of intelligence sources, methods, and activities.
    ``(d) Definitions.--For purposes of this section--
        ``(1) the term `child' means a child as defined in subparagraphs 
    (A) through (E) of section 101(b)(1) of the Immigration and 
    Nationality Act [8 U.S.C. 1101(b)(1)], without regard to age or 
    marital status; and
        ``(2) the term `spouse' means the wife or husband of a deceased 
    alien referred to in subsection (b) who was married to such alien 
    during the time the alien participated in the conduct of United 
    States intelligence activities.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1428, 1430, 1438, 1439, 
1441, 1445, 1448 of this title.
