§1441 — Title 8 Aliens and Nationality | U.S. Code

Summary

Time spent serving on certain U.S. ships can count as if you lived and were physically present in the United States for naturalization. This applies if a person who was lawfully admitted as a permanent resident served honorably or with good conduct, not in the U.S. Armed Forces, on either a government-owned U.S. vessel or a U.S.-based ship that is U.S.-registered or U.S.-owned. The service must have been within five years before filing for naturalization. To prove it, service on government ships needs official authenticated records from the federal department or agency that keeps them. Service on other qualifying ships can be shown by a certificate signed by the ship’s master (captain).

Title 8, §1441

Aliens and Nationality — Source: USLM XML via OLRC

Any periods of time during all of which a person who was previously lawfully admitted for permanent residence has served honorably or with good conduct, in any capacity other than as a member of the Armed Forces of the United States, (A) on board a vessel operated by the United States, or an agency thereof, the full legal and equitable title to which is in the United States; or (B) on board a vessel whose home port is in the United States, and (i) which is registered under the laws of the United States, or (ii) the full legal and equitable title to which is in a citizen of the United States, or a corporation organized under the laws of any of the several States of the United States, shall be deemed residence and physical presence within the United States within the meaning of section 1427(a) of this title, if such service occurred within five years immediately preceding the date such person shall file an application for naturalization. Service on vessels described in clause (A) of this section shall be proved by duly authenticated copies of the records of the executive departments or agency having custody of the records of such service. Service on vessels described in clause (B) of this section may be proved by certificates from the masters of such vessels.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–232 substituted “of this section” for “of this subsection” in two places. 1990—Pub. L. 101–649 substituted “an application” for “a petition”. 1988—Pub. L. 100–525 designated provisions of former par. (1) of subsec. (a) as entire section, and struck out former pars. (2) and (3) and subsec. (b) which read as follows: “(2) For the purposes of this subsection, any periods of time prior to

September 23, 1950, during all of which any person had served honorably or with good conduct for an aggregate period of five years on any vessel described in section 325(a) of the Nationality Act of 1940 prior to its amendment by the Act of

September 23, 1950, shall be deemed residence and physical presence within the United States within the meaning of section 1427(a) of this title, if such petition is filed within one year from the

Effective Date

of this chapter. Notwithstanding the provisions of section 1429 of this title, a person entitled to claim the exemptions contained in this paragraph shall not be required to establish a lawful admission for permanent residence. “(3) For the purposes of this subsection, any periods of time prior to

September 23, 1950, during all of which any person not within the provisions of paragraph (2) of this subsection had, prior to

September 23, 1950, served honorably or with good conduct on any vessel described in section 325(a) of the Nationality Act of 1940 prior to its amendment by the Act of

September 23, 1950, and was so serving on

September 23, 1950, shall be deemed residence and physical presence within the United States within the meaning of section 1427(a) of this title, if such person at any time prior to filing his petition for naturalization shall have been lawfully admitted to the United States for permanent residence, and if such petition is filed on or before

September 23, 1955. “(b) Any person who was excepted from certain requirements of the naturalization laws under section 325 of the Nationality Act of 1940 prior to its amendment by the Act of

September 23, 1950, and had filed a petition for naturalization under section 325 of the Nationality Act of 1940, may, if such petition was pending on

September 23, 1950, and is still pending on the

Effective Date

of this chapter, be naturalized upon compliance with the applicable provisions of the naturalization laws in effect upon the date such petition was filed: Provided, That any such person shall be subject to the provisions of section 1424 of this title and to those provisions of section 1429 of this title which relate to the prohibition against the naturalization of a person 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, or which relate to the prohibition against the final hearing on a petition for naturalization if there is pending against the petitioner a deportation proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act.”

Statutory Notes and Related Subsidiaries

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.

§1441 Constructive residence through service on certain United States vessels

Summary

Title 8, §1441

Notes & Related Subsidiaries

Editorial Notes

Amendments

Effective Date

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

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