8 U.S.C. § 1445

Application for naturalization; declaration of intention

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(a) Evidence and form

An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant’s own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant’s naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.

(b) Who may file

No person shall file a valid application for naturalization unless he shall have attained the age of eighteen years. An application for naturalization by an alien shall contain an averment of lawful admission for permanent residence.

Hearings under section 1447(a) of this title on applications for naturalization shall be held at regular intervals specified by the Attorney General.

(d) Filing of application

Except as provided in subsection (e), an application for naturalization shall be filed in the office of the Attorney General.

(e) Substitute filing place and administering oath other than before Attorney GeneralA person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the person has an illness or other disability which—(1) is of a permanent nature and is sufficiently serious to prevent the person’s personal appearance, or(2) is of a nature which so incapacitates the person as to prevent him from personally appearing.(f) Declaration of intention

An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General. Nothing in this subsection shall be construed as requiring any such alien to make and file a declaration of intention as a condition precedent to filing an application for naturalization nor shall any such declaration of intention be regarded as conferring or having conferred upon any such alien United States citizenship or nationality or the right to United States citizenship or nationality, nor shall such declaration be regarded as evidence of such alien’s lawful admission for permanent residence in any proceeding, action, or matter arising under this chapter or any other Act.

(June 27, 1952, ch. 477, title III, ch. 2, § 334, 66 Stat. 254; Pub. L. 97–116, § 15(b), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 101–649, title IV, §§ 401(b), 407(c)(15), (d)(12), Nov. 29, 1990, 104 Stat. 5038, 5041, 5042; Pub. L. 102–232, title III, § 305(d), (e), (m)(7), Dec. 12, 1991, 105 Stat. 1750.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (f), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Amendments

1991—Subsec. (a). Pub. L. 102–232, § 305(m)(7), struck out “, in duplicate,” after “file with the Attorney General”.

Pub. L. 102–232, § 305(e), made technical correction to directory language of Pub. L. 101–649, § 407(d)(12)(B). See 1990 Amendment note below.

Subsecs. (f), (g). Pub. L. 102–232, § 305(d), redesignated subsec. (g) as (f).

1990—Pub. L. 101–649, § 407(d)(12)(A), substituted “Application for naturalization; declaration of intention” for “Petition for naturalization” in section catchline.

Subsec. (a). Pub. L. 101–649, § 407(c)(15), (d)(12)(B), as amended by Pub. L. 102–232, § 305(e), substituted “with the Attorney General” for “in the office of the clerk of a naturalization court”, “under this subchapter” for “upon the hearing of such petition”, and “application” for “petition” wherever appearing.

Pub. L. 101–649, § 401(b), inserted at end “In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.”

Subsec. (b). Pub. L. 101–649, § 407(c)(15), (d)(12)(C), substituted “application” for “petition” in first sentence, and struck out “(1)” before “he shall have attained”, “and (2) he shall have first filed an application therefor at an office of the Service in the form and manner prescribed by the Attorney General” after “eighteen years”, and “petition for” after “An application for”.

Subsecs. (c) to (e). Pub. L. 101–649, § 407(d)(12)(F), added subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which related to time to file, substitute filing place, and investigation into reasons for substitute filing place, respectively.

Subsecs. (f), (g). Pub. L. 101–649, § 407(c)(15), (d)(12)(D), (E), redesignated subsec. (f) as (g), substituted “An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General.” for “Any alien over eighteen years of age who is residing in the United States pursuant to a lawful admission for permanent residence may, upon an application prescribed, filed with, and approved by the Service, make and file in duplicate in the office of the clerk of court, regardless of the alien’s place of residence in the United States, a signed declaration of intention to become a citizen of the United States, in such form as the Attorney General shall prescribe.”, and substituted “an application” for “a petition” in last sentence.

1981—Subsec. (a). Pub. L. 97–116 struck out “and duly verified by two witnesses,” after “able to write,”.

Statutory Notes and Related SubsidiariesEffective Date of 1991 Amendment

Amendment by section 305(d), (e) of Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.

Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.

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.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Notes of Decisions

Cited in 61 cases (6 in the last 5 years), 1930–2023 · leading case: Etape v. Chertoff, 497 F.3d 379 (4th Cir. 2007).

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Etape v. Chertoff, 497 F.3d 379 (4th Cir. 2007). · cites it 6× “Thus, post October 1, 1991, an individual seeking naturalization must file an application with the Attorney General, 8 U.S.C. § 1445 , and an investigation and examination is conducted by the Bureau of Citizenship and Immigration Services pursuant to 8 U.”

Gregory Paul Mason v. Ronald A. Brooks Edwin Meese, 862 F.2d 190 (9th Cir. 1988). · cites it 5× “8 U.S.C. § 1445 (a) (1982); 8 C.F.R. §§ 334.”

Duarte-Ceri v. Holder, 630 F.3d 83 (2d Cir. 2010). · cites it 3× “This change was problematic, however, for the reason noted by the Attorney General in a 1978 letter to the Chair of the House Judiciary Committee: Currently, a person is not eligible to file a petition for naturalization in his own behalf under [ 8 U.S.C. § 1445 ] until reaching…”

Nyquist v. Mauclet, 432 U.S. 1 (1977). · cites it 2× “She has not filed a declaration of intention to become a citizen of the United States, 8 U. S. C. § 1445 (f), and has no present intention of doing so.”

United States v. Menasche, 348 U.S. 528 (1955). · cites it 2× “254 , 8 U. S. C. § 1445 (f). For the more than 150 years between these enactments, Congress considered it appropriate to require aliens to declare their intention to become United States citizens several years before they petitioned for naturalization.”

In Re Griffiths, 413 U.S. 717 (1973). · cites it 2× “She has not filed a declaration of intention to become a citizen of the United States, 8 U. S. C. § 1445 (f), and has no present intention of doing so.”

Sazar Dent v. Jefferson Sessions, 900 F.3d 1075 (9th Cir. 2018). “8 U.S.C. §§ 1445–48 (1986).3 Thereafter, the INS scheduled Petitioner for the preliminary examination on at least two different dates between 1986 and 1987.”

Escaler v. Us Citizenship & Immigr. Servs., 582 F.3d 288 (2d Cir. 2009). “2 (a); (ii) submitting an application, 8 U.S.C. § 1445 (a), 8 C.F.R. § 316.4 (a); (iii) passing a background check, U.”

Sandoval v. Holder, 641 F.3d 982 (8th Cir. 2011). · cites it 2× “§ 1182 (a)(9)(B)(iii)(I) (providing that aliens under the age of eighteen do not accrue unlawful presence in the United States); 8 U.S.C. § 1445 (b) (restricting the right to apply for naturalization to individuals over eighteen); 8 U.”

Al-Maleki v. Holder, 558 F.3d 1200 (10th Cir. 2009). “6 8 U.S.C. § 1445 (a). With limited exceptions not relevant here, the Government may not naturalize an alien until it has conducted a “personal investigation.”

Bustamante v. Chertoff, 533 F. Supp. 2d 373 (S.D.N.Y. 2008). “8 U.S.C. § 1445 . CIS thereupon conducts an investigation and examination of the applicant.”

Kaplan v. Chertoff, 481 F. Supp. 2d 370 (E.D. Pa. 2007). “8 U.S.C. § 1445 (a)-(b); 8 C.F.R. §§ 316.”

Show all 61 citing cases →

— 8 U.S.C. § 1445(a) — 1 case

Campos v. Immigr. & Naturalization Serv., 70 F. Supp. 2d 1296 (S.D. Fla. 1998).

— 8 U.S.C. § 1445(f) — 1 case

Petition for Naturalization of Rosenbaum, 171 F. Supp. 141 (S.D.N.Y. 1959).

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