§1438 Former citizens losing citizenship by entering armed forces of foreign countries during World War II

Summary

People who were U.S. citizens and, during World War II, joined or took an oath to serve in the military, air, or naval forces of a country that was at war with a country the United States was at war with after December 7, 1941 and before September 2, 1945, and who lost their U.S. citizenship for doing so, may become U.S. citizens again. To do that they must take the usual naturalization oath before the Attorney General or an approved court. The court or Attorney General must send certified copies of the oath to the Department of State and the Department of Justice. To be eligible they must have been a person of good moral character for at least five years right before taking the oath, be committed to the Constitution, and be lawfully admitted for permanent residence with the intention to live in the United States permanently. Once naturalized under these rules, a person regains the same citizenship status they had before losing it (native-born or naturalized), but this does not make them a citizen for any time when they were not one. For these rules, World War II is defined as September 1, 1939 through September 2, 1945. These rules do not apply to anyone who served in the armed forces of a country while that country was at war with the United States.