8 U.S.C. § 1452

Certificates of citizenship or U.S. non-citizen national status; procedure

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(a) Application to Attorney General for certificate of citizenship; proof; oath of allegiance

A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended (54 Stat. 1138), or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of this title, or under the provisions of the Act of August 4, 1937 (50 Stat. 558), or under the provisions of section 203 or 205 of the Nationality Act of 1940 (54 Stat. 1139), or under the provisions of section 1403 of this title, may apply to the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the applicant is a citizen, and that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if such individual is at the time within the United States.

(b) Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegianceA person who claims to be a national, but not a citizen, of the United States may apply to the Secretary of State for a certificate of non-citizen national status. Upon—(1) proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States, and(2) in the case of such a person born outside of the United States or its outlying possessions, taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization,the individual shall be furnished by the Secretary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its outlying possessions.(June 27, 1952, ch. 477, title III, ch. 2, § 341, 66 Stat. 263; Pub. L. 97–116, § 18(p), Dec. 29, 1981, 95 Stat. 1621; Pub. L. 99–396, § 16(a), Aug. 27, 1986, 100 Stat. 843; Pub. L. 99–653, § 22, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100–525, § 8(q), Oct. 24, 1988, 102 Stat. 2618; Pub. L. 102–232, title III, § 305(m)(8), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103–416, title I, § 102(b), Oct. 25, 1994, 108 Stat. 4307.)Editorial NotesReferences in Text

Section 1993 of the Revised Statutes, referred to in subsec. (a), which was classified to section 6 of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172.

The Nationality Act of 1940, referred to in subsec. (a), is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, as amended. Sections 201, 203, and 205 of the Nationality Act of 1940, which were classified to sections 601, 603, and 605, respectively, of this title, were repealed by section 403(a)(42) of act June 27, 1952.

Act May 7, 1934 (48 Stat. 667), referred to in subsec. (a), which was classified to sections 3b and 3c of this title, was omitted from the Code.

Act Aug. 4, 1937, referred to in subsec. (a), which was classified to sections 5d and 5e of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172.

This chapter, referred to in subsecs. (a) and (b)(2), was in the original, “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

1994—Subsec. (c). Pub. L. 103–416 struck out subsec. (c) which related to application to Attorney General for certificate of citizenship for adopted child.

1991—Subsec. (a). Pub. L. 102–232 substituted “an applicant” for “a petitioner”.

1988—Subsec. (c). Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below.

1986—Pub. L. 99–396, § 16(a)(1), inserted reference to certificates of non-citizen national status in section catchline.

Subsecs. (a), (b). Pub. L. 99–396, § 16(a)(2), (3), designated existing provisions as subsec. (a) and added subsec. (b).

Subsec. (c). Pub. L. 99–653, as amended by Pub. L. 100–525, added subsec. (c).

1981—Pub. L. 97–116 substituted “(c), (d), (e), or (g) of section 1401” for “(3), (4), (5), or (7) of section 1401(a)”.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–416 effective on the first day of the first month beginning more than 120 days after Oct. 25, 1994, see section 102(d) of Pub. L. 103–416, set out as a note under section 1433 of this act.

Effective Date of 1991 Amendment

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 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.

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.

Certificates of Non-Citizen National Status; $35 Limit on Fees for Processing Applications Filed Before End of Fiscal Year 1987

Pub. L. 99–396, § 16(c), Aug. 27, 1986, 100 Stat. 843, provided that: “The Secretary of State may not impose a fee exceeding $35 for the processing of an application for a certificate of non-citizen national status under section 341(b) of the Immigration and Nationality Act [8 U.S.C. 1452(b)] filed before the end of fiscal year 1987.”

Notes of Decisions

Cited in 43 cases (10 in the last 5 years), 1956–2025 · leading case: Miguel Mendoza-Tarango v. Simona Flores

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Miguel Mendoza-Tarango v. Simona Flores (2020) ca5 · cites it 4× “5 See 8 U.S.C. § 1452 (a); 8 C.F.R. § 341.5 . 3 Case: 19-10588 Document: 00515666229 Page: 4 Date Filed: 12/08/2020 No.”

United States v. Johann Breyer, AKA John Breyer, Johann Paul Breuer, Jan Pavel Breuer, Jan Pavel Breyer, Hans Breyer. Jo (1994) ca3 · cites it 2× “More importantly, Congress has set forth the method by which one asserting derivative citizenship may have it declared. The Immigration and Nationality Act requires that a person with such a claim initially apply to the Immigration and Naturalization Service for a Certificate of…”

Bethney Lovo v. Loren Miller (2024) ca4 “Under 8 U.S.C. § 1452 (a), people who derive U.”

Ortega-Morales v. Lynch (2016) azd · cites it 2× “Denial of an N-600 citizenship application filed pursuant to 8 U.S.C. § 1452 (a) occasions such an action.”

Rios-Valenzuela v. Department of Homeland Security (2007) ca5 “3 Second, a person can affirmatively seek proof of citizenship by filing with USCIS a Form N-600, Application for Citizenship, under 8 U.S.C. § 1452 (a). If the application is denied, he can appeal to the AAU under 8 C.”

Mondaca-Vega v. Holder (2013) ca9 · cites it 2× “§ 1252 (b); or (2) “seek proof of citizenship by filing an application for citizenship under 8 U.S.C. § 1452 (a),” if it is denied, and after exhausting administrative remedies, he may petition for a judicial declaration of citizenship under 8 U.”

Garza-Flores v. Mayorkas (2022) ca5 “A person can affirmatively seek proof of citizenship by filing an application for a certificate of citizenship under 8 U.S.C. § 1452 (a), and if denied, seek relief in federal district court under 8 U.”

Lopez v. Holder (2009) ca5 “Second, the person may seek proof of citizenship by filing an application for citizenship under 8 U.S.C. § 1452 (a). Id. at 397 . If unsuccessful, he may file an administrative appeal and if that is unsuccessful, he may seek a judicial declaration under 8 U.”

George Lim v. John N. Mitchell, as Attorney General of the United States (1970) ca9 · cites it 2× “Because of the Service’s doubts, in 1966 appellant filed an application with the Service for issuance of a certificate of citizenship pursuant to Section 341 of the Immigration and Nationality Act, 8 U.S.C. § 1452 . 3 On August 23, 1967, the District Director of the Immigration…”

Power Plant Entertainment Casino Resort Indiana, LLC v. Mangano (2012) mdb “See 8 U.S.C. § 1452 (b). Factors that indicate that a case is appropriate for equitable remand include, in addition to consideration of several of the permissive abstention factors, the “efficient use of judicial resources, the possibility of inconsistent results and the…”

FALODUN (2017) bia “Instead, he was issued his Certificate of Citizenship under section 341 of the Act, 8 U.S.C. § 1452 (1996), based on his claim of derivative citizenship through the naturalization of his brother, who the respondent fraudulently claimed was his adoptive father.”

Moi v. Asset Acceptance LLC (In Re Moi) (2008) casb “11, chapter 12, or chapter 13 plan provides for the relief; (8) a proceeding to subordinate any allowed claim or interest, except when a chapter 9, chapter 11, chapter 12, or chapter 13 plan provides for subordination; (9) a proceeding to obtain a declaratory judgment relating…”

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