U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— NATIONALITY AND NATURALIZATION › Part Part III— Loss of Nationality

8 U.S.C. § 1489

Application of treaties; exceptions

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Nothing in this subchapter shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party and which has been ratified by the Senate before December 25, 1952: Provided, however, That no woman who was a national of the United States shall be deemed to have lost her nationality solely by reason of her marriage to an alien on or after September 22, 1922, or to an alien racially ineligible to citizenship on or after March 3, 1931, or, in the case of a woman who was a United States citizen at birth, through residence abroad following such marriage, notwithstanding the provisions of any existing treaty or convention.

Notes of Decisions
Cited in 3 cases, 1955–1974 · leading case: Francisco Ballester Pons v. United States
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Francisco Ballester Pons v. United States (1955) ca1 “8 U.S.C.A. § 1489 . But as pointed out earlier in this opinion, excluding from eligibility to citizenship resident aliens who have chosen not to render military service to the United States is not inconsistent with the treaty provisions.”
Mas v. Perry (1974) ca5 “8 U.S.C. § 1489 . Similarly, we conclude that for diversity purposes a woman does not have her domicile or State citizenship changed solely by reason of her marriage to an alien.”
Robert Sing Chow v. United States (1964) ca9 “He petitioned for naturalization under the provisions of 8 U.S.C. § 1489 . 1 A naturalization examiner, acting under the authority of 8 U.”
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