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 subparagraphs (A) through (D) of section 1253(h)(2) 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 conduct ed 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, § 316, 66 Stat. 242; Dec. 29, 1981, Pub. L. 97-116, § 14, 95 Stat. 1619; Dec. 4, 1985, Pub. L. 99-169, title VI, § 601, 99 Stat. 1007; Nov. 29, 1990, Pub. L. 101-649, title IV, §§ 402, 407(c)(2), (d)(1), (e)(1), 104 Stat. 5038, 5041, 5046.) AMENDMENTS 1990-Subsec. (a). Pub. L. 101-649, § 407(c)(2), substituted references to applicant and application for references to petitioner and petition wherever appearing. Pub. L. 101-649, § 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, § 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, § 407(c)(2), substituted references to applicant and application for references to petitioner and petition wherever appearing. Subsec. (c). Pub. L. 101-649, § 407(c)(2), substituted references to applicant and application for references to petitioner and petition wherever appearing. Subsec. (d). Pub. L. 101-649, § 407(c)(2), substituted reference to applicant for reference to petitioner. Subsec. (e). Pub. L. 101-649, § 407(d)(1)(C), substituted "the Attorney General" for "the court". Pub. L. 101-649, § 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, § 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, § 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, § 407(c)(2), substituted references to applicant for references to petitioner wherever appearing. Subsec. (f)(2). Pub. L. 101-649, § 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, § 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 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. CROSS REFERENCES Central Intelligence Agency, see section 403 et seq. Alien, see section 1101(a)(3) of this title. Lawfully admitted for permanent residence, see Naturalization, see section 1101(a)(23) of this title. Person of good moral character, see section 1101(f) of this title. Residence, see section 1101(a)(33) of this title. United States, see section 1101(a)(38) of this title. Proof of qualifications, see section 1446 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1428, 1430, 1438, 1439, 1441, 1445 of this title. § 1428. Temporary absence of persons performing religious duties Any person who is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or any person who is engaged solely by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States as a missionary, brother, nun, or sister, who (1) has been lawfully admitted to the United States for permanent residence, (2) has at any time thereafter and before filing an application for naturalization been physically present and residing within the United States for an uninterrupted period of at least one year, and (3) has heretofore been or may hereafter be absent temporarily from the United States in connection with or for the purpose of performing the ministerial or priestly functions of such religious denomination, or serving as a missionary, brother, nun, or sister, shall be considered as being physically present and residing in the United States for the purpose of naturalization within the meaning of section 1427(a) of this title, notwithstanding any such absence from the United States, if he shall in all other respects comply with the requirements of the naturalization law. Such person shall prove to the satisfaction of the Attorney General that his absence from the United States has been solely for the purpose of performing the ministerial or priestly functions of such religious denomination, or of serving as a missionary, brother, nun, or sister. (June 27, 1952, ch. 477, title III, ch. 2, § 317, 66 Stat. 243; Nov. 29, 1990, Pub. L. 101-649, title IV, § 407(c)(3), (d)(2), 104 Stat. 5041.) AMENDMENTS 1990-Pub. L. 101-649, § 407(d)(2), struck out “and the naturalization court" after "Attorney General”. Pub. L. 101-649, § 407(c)(3), substituted "application" for "petition". EFFECTIVE DATE Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title. CROSS REFERENCES Definition of the term Attorney General, see section 1101(a)(5) of this title. Lawfully admitted for permanent residence, see Naturalization, see section 1101(a)(23) of this title. § 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 deportation 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 deportation proceedings or in suspending the deportation 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. (June 27, 1952, ch. 477, title III, ch. 2, § 318, 66 Stat. 244; Oct. 24, 1968, Pub. L. 90-633, § 4, 82 Stat. 1344; Nov. 29, 1990, Pub. L. 101-649, title IV, § 407(c)(4), (d)(3), 104 Stat. 5041.) 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 1990-Pub. L. 101-649, § 407(d)(3), in last sentence substituted "considered by the Attorney General" for See References in Text note below. "finally heard by a naturalization court" and "upon the Attorney General" for "upon the naturalization court". Pub. L. 101-649, § 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. CROSS REFERENCES Definition of the term Attorney General, see section 1101(a)(5) of this Entry, see section 1101(a)(13) of this title. Lawfully admitted for permanent residence, see Naturalization, see section 1101(a)(23) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1439, 1440 of this title. § 1430. Married persons and employees of certain nonprofit organizations (a) Any person whose spouse is a citizen of the United States may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427(a) of this title if such person 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 three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months. (b) Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of 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, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and (C) regularly stationed abroad in such employment, and (2) who is in the United States at the time of naturalization, and (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required. (c) Any person who (1) is employed by a bona fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and (2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and (3) who files his application for naturalization while so employed or within six months following the termination thereof, and (4) who is in the United States at the time of naturalization, and (5) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified period of physical presence within the United States or any State or district of the Service in the United States, or proof thereof, shall be required. (d) Any person who is the surviving spouse of a United States citizen, whose citizen spouse dies during a period of honorable service in an active duty status in the Armed Forces of the United States and who was living in marital union with the citizen spouse at the time of his death, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified physical presence within the United States, or within a State or a district of the Service in the United States shall be required. (June 27, 1952, ch. 477, title III, ch. 2, § 319, 66 Stat. 244; Aug. 20, 1958, Pub. L. 85-697, § 2, 72 Stat. 687; Dec. 18, 1967, Pub. L. 90-215, § 1(a), 81 Stat. 661; June 29, 1968, Pub. L. 90-369, 82 Stat. 279; Nov. 29, 1990, Pub. L. 101-649, title IV, § 407(b)(1), (c)(5), (d)(4), 104 Stat. 5040, 5041.) AMENDMENTS 1990-Subsec. (a). Pub. L. 101-649, § 407(c)(5), substituted "application" for "petition" wherever appearing. Pub. L. 101-649, § 407(b)(1)(A), substituted "has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months" for "has resided within the State in which he filed his petition for at least six months." Subsec. (b). Pub. L. 101-649, § 407(d)(4)(A), substituted "before the Attorney General" for "before the naturalization court" in cl. (3). Pub. L. 101-649, § 407(b)(1)(B), substituted “within a State or a district of the Service in the United States" for "within the jurisdiction of the naturalization court". Subsec. (c). Pub. L. 101-649, § 407(d)(4)(B), substituted "Attorney General" for "naturalization court" in cl. (5). Pub. L. 101-649, § 407(c)(5), substituted "application" for "petition". Pub. L. 101-649, § 407(b)(1)(C), substituted "district of the Service in the United States" for "within the jurisdiction of the court". Subsec. (d). Pub. L. 101-649, § 407(b)(1)(B), substituted "within a State or a district of the Service in the United States" for "within the jurisdiction of the naturalization court". 1968-Subsec. (d). Pub. L. 90-369 added subsec. (d). 1967-Subsec. (c). Pub. L. 90-215 added subsec. (c). 1958-Subsec. (b). Pub. L. 85-697 inserted provision relating to persons performing religious duties. REQUIREMENTS for Citizenship for STAFF OF UNITED STATES ARMY RUSSIAN INSTITUTE Pub. L. 101-193, title V, § 506, Nov. 30, 1989, 103 Stat. 1709, provided that: "(a) For purposes of section 319(c) of the Immigration and Nationality Act (8 U.S.C. 1430(c)), the United States Army Russian Institute, located in Garmisch, Federal Republic of Germany, shall be considered to be an organization described in clause (1) of this section. "(b) Subsection (a) shall apply with respect to periods of employment before, on, or after the date of the enactment of this Act [Nov. 30, 1989). "(c) No more than two persons per year may be naturalized based on the provisions of subsection (a). "(d) Each instance of naturalization based on the provisions of subsection (a) shall be reported to the Committees on the Judiciary of the Senate and House of Representatives and to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives prior to such naturalization." CROSS REFERENCES Definition of the term Attorney General, see section 1101(a)(5) of this title. Lawfully admitted for permanent residence, see Naturalization, see section 1101(a)(23) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1440-1, 1445 of this title. § 1431. Children born outside United States of one alien and one citizen parent; conditions for automatic citizenship (a) A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when (1) such naturalization takes place while such child is unmarried and under the age of eighteen years; and (2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of eighteen years. (b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturaliza tion of such adoptive parent, in the custody of his adoptive parents, pursuant to a lawful admission for permanent residence. (June 27, 1952, ch. 477, title III, ch. 2, § 320, 66 Stat. 245; Oct. 5, 1978, Pub. L. 95-417, § 4, 92 Stat. 917; Dec. 29, 1981, Pub. L. 97-116, § 18(m), 95 Stat. 1620; Nov. 14, 1986, Pub. L. 99-653, § 14, 100 Stat. 3657; Oct. 24, 1988, Pub. L. 100-525, §§ 8(1), 9(w), 102 Stat. 2618, 2621.) AMENDMENTS 1988-Subsec. (a)(1). Pub. L. 100-525, § 8(1), repealed Pub. L. 99-653, § 14. See 1986 Amendment note below. Subsec. (b). Pub. L. 100-525, § 9(w), substituted "Subsection (a)" for "Subsection (a)(1)”. 1986-Subsec. (a)(1). Pub. L. 99-653, § 14, which inserted "unmarried and" after "such child is", was repealed by Pub. L. 100-525, § 8(1), 1981-Subsec. (b). Pub. L. 97-116 substituted "an adopted child only if the child" for "a child adopted while under the age of sixteen years who". 1978-Subsec. (a). Pub. L. 95-417 substituted in pars. (1) and (2) "eighteen years" for "sixteen years". Subsec. (b). Pub. L. 95-417 substituted provisions making subsec. (a)(1) of this section applicable to adopted children for provisions making subsec. (a) of this section inapplicable to adopted children. EFFECTIVE DATE OF 1988 Amendment Amendment by section 8(1) of Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as an Effective and Termination Dates of 1988 Amendments 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. CROSS REFERENCES Definition of the term Alien, see section 1101(a)(3) of this title. Child, as used in subchapters I and II of this chapter, see section 1101(b)(1) of this title. Child, as used in this subchapter, see section 1101(c)(1) of this title. Lawfully admitted for permanent residence, see section 1101(a)(20) of this title. Naturalization, see section 1101(a)(23) of this title. Parent, as used in subchapters I and II of this chapter, see section 1101(b)(2) of this title. Parent, as used in this subchapter, see section 1101(c)(2) of this title. Residence, see section 1101(a)(33) of this title. United States, see section 1101(a)(38) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1101 of this title. § 1432. Children born outside United States of alien parents; conditions for automatic citizenship (a) A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfillment of the following conditions: (1) The naturalization of both parents; or (2) The naturalization of the surviving parent if one of the parents is deceased; or (3) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents or the naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation; and if (4) Such naturalization takes place while such child is unmarried and under the age of eighteen years; and (5) Such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent last naturalized under clause (1) of this subsection, or the parent naturalized under clause (2) or (3) of this subsection, or thereafter begins to reside permanently in the United States while under the age of eighteen years. (b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent or parents, in the custody of his adoptive parent or parents, pursuant to a lawful admission for permanent residence. (June 27, 1952, ch. 477, title III, ch. 2, § 321, 66 Stat. 245; Oct. 5, 1978, Pub. L. 95-417, § 5, 92 Stat. 918; Dec. 29, 1981, Pub. L. 97-116, § 18(m), 95 Stat. 1620; Nov. 14, 1986, Pub. L. 99-653, § 15, 100 Stat. 3658; Oct. 24, 1988, Pub. L. 100-525, § 8(1), 102 Stat. 2618.) AMENDMENTS 1988-Subsec. (a)(4). Pub. L. 100-525 repealed Pub. L. 99-653, § 15. See 1986 Amendment note below. 1986-Subsec. (a)(4). Pub. L. 99-653, § 15, which inserted "unmarried and” after "such child is", was repealed by Pub. L. 100-525. 1981-Subsec. (b). Pub. L. 97-116 substituted "an adopted child only if the child" for "a child adopted while under the age of sixteen years who". 1978-Subsec. (a). Pub. L. 95-417 substituted in pars. (4) and (5) “eighteen years" for "sixteen years". Subsec. (b). Pub. L. 95-417 substituted provisions making subsec. (a) of this section applicable to adopted children for provisions making subsec. (a) of this section inapplicable to adopted children. EFFECTIVE Date of 1988 AMENDMENT Amendment by Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as an Effective and Termination Dates of 1988 Amendments 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. CROSS REFERENCES Definition of the term Alien, see section 1101(a)(3) of this title. Child, as used in subchapters I and II of this chapter, see section 1101(b)(1) of this title. Child, as used in this subchapter, see section Lawfully admitted for permanent residence, see Residence, see section 1101(a)(33) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1101 of this title. § 1433. Child born outside United States; application for certificate of citizenship requirements (a) Application of citizen parents; requirements A parent who is a citizen of the United States may apply to the Attorney General for a certificate of citizenship on behalf of a child born outside the United States. The Attorney General shall issue such a certificate of citizenship upon proof to the satisfaction of the Attorney General that the following conditions have been fulfilled: (1) At least one parent is a citizen of the United States, whether by birth or naturalization. (2) The child is physically present in the United States pursuant to a lawful admission. (3) The child is under the age of 18 years and in the legal custody of the citizen parent. (4) If the citizen parent is an adoptive parent of the child, the child was adopted by the citizen parent before the child reached the age of 16 years and the child meets the requirements for being a child under subparagraph (E) or (F) of section 1101(b)(1) of this title. (5) If the citizen parent has not been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years (A) the child is residing permanently in the United States with the citizen parent, pursuant to a lawful admission for permanent residence, or (B) a citizen parent of the citizen parent has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years. (b) Attainment of citizenship status; receipt of certifi cate Upon approval of the application (which may be filed abroad) and, except as provided in the last sentence of section 1448(a) of this title, upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship. (c) Adopted children Subsection (a) of this section shall apply to the adopted child of a United States citizen adoptive parent if the conditions specified in such subsection have been fulfilled. (June 27, 1952, ch. 477, title III, ch. 2, § 322, 66 Stat. 246; Oct. 5, 1978, Pub. L. 95-417, § 6, 92 Stat. 918; Dec. 29, 1981, Pub. L. 97-116, § 18(m), (n), 95 Stat. 1620, 1621; Nov. 14, 1986, Pub. L. 99-653, § 16, 100 Stat. 3658; Oct. 24, 1988, Pub. L. 100-525, § 8(1), 102 Stat. 2618; Nov. 29, 1990, |