
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: 8USC1429]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1429. Prerequisite to naturalization; burden of proof

    Except as otherwise provided in this subchapter, no person shall be 
naturalized unless he has been lawfully admitted to the United States 
for permanent residence in accordance with all applicable provisions of 
this chapter. The burden of proof shall be upon such person to show that 
he entered the United States lawfully, and the time, place, and manner 
of such entry into the United States, but in presenting such proof he 
shall be entitled to the production of his immigrant visa, if any, or of 
other entry document, if any, and of any other documents and records, 
not considered by the Attorney General to be confidential, pertaining to 
such entry, in the custody of the Service. Notwithstanding the 
provisions of section 405(b),\1\ and except as provided in sections 1439 
and 1440 of this title no person shall be naturalized against whom there 
is outstanding a final finding of deportability pursuant to a warrant of 
arrest issued under the provisions of this chapter or any other Act; and 
no application for naturalization shall be considered by the Attorney 
General if there is pending against the applicant a removal proceeding 
pursuant to a warrant of arrest issued under the provisions of this 
chapter or any other Act: Provided, That the findings of the Attorney 
General in terminating removal proceedings or in canceling the removal 
of an alien pursuant to the provisions of this chapter, shall not be 
deemed binding in any way upon the Attorney General with respect to the 
question of whether such person has established his eligibility for 
naturalization as required by this subchapter.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 318, 66 Stat. 244; Pub. 
L. 90-633, Sec. 4, Oct. 24, 1968, 82 Stat. 1344; Pub. L. 101-649, title 
IV, Sec. 407(c)(4), (d)(3), Nov. 29, 1990, 104 Stat. 5041; Pub. L. 104-
208, div. C, title III, Sec. 308(e)(1)(O), (15), Sept. 30, 1996, 110 
Stat. 3009-620, 3009-621.)

                       References in Text

    Section 405(b), referred to in text, is section 405(b) of act June 
27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a Savings 
Clause note under section 1101 of this title.


                               Amendments

    1996--Pub. L. 104-208 substituted ``removal'' for ``deportation'' 
wherever appearing and ``canceling'' for ``suspending''.
    1990--Pub. L. 101-649, Sec. 407(d)(3), in last sentence substituted 
``considered by the Attorney General'' for ``finally heard by a 
naturalization court'' and ``upon the Attorney General'' for ``upon the 
naturalization court''.
    Pub. L. 101-649, Sec. 407(c)(4), substituted ``application'' for 
``petition'' and ``applicant'' for ``petitioner''.
    1968--Pub. L. 90-633 substituted reference to exception provided in 
sections 1439 and 1440 of this title for reference to exception provided 
in sections 1438 and 1439 of this title.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1439, 1440 of this title.
