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Title 8 — Aliens and NationalityRelease 119-73

§1452 Certificates of citizenship or U.S. non-citizen national status; procedure

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— - NATIONALITY AND NATURALIZATION › Part Part II— - Nationality Through Naturalization › § 1452

Last updated Apr 6, 2026|Official source

Summary

Apply to the Attorney General for a certificate of citizenship if you say you became a U.S. citizen because a parent or husband naturalized or under certain older laws, such as section 1993 of the United States Revised Statutes; the Act of May 24, 1934 (48 Stat. 797); the Act of May 7, 1934 (48 Stat. 667); parts of the Nationality Act of 1940 (54 Stat. 1138–1139); the Act of August 4, 1937 (50 Stat. 558); or section 1401 or 1403 of this title. You must prove to the Attorney General that you are a citizen and that your citizenship was gained as you claim. You must take and sign the oath of allegiance before a member of the Service while you are in the United States, and the Attorney General will give a certificate only if you are inside the United States at that time. If you claim to be a U.S. national but not a citizen, apply to the Secretary of State for a certificate of non‑citizen national status. The Secretary must be satisfied you are a national but not a citizen. If you were born outside the United States or its outlying possessions, you must also take and sign the oath of allegiance before an immigration officer while in the United States or its outlying possessions.

Full Legal Text

Title 8, §1452

Aliens and Nationality — Source: USLM XML via OLRC

(a)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)A 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,

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References 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. section 201, 203, and 205 of the Nationality Act of 1940, which were classified to section 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 section 3b and 3c of this title, was omitted from the Code. Act Aug. 4, 1937, referred to in subsec. (a), which was classified to section 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 Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.”

Reference

Citations & Metadata

Citation

8 U.S.C. § 1452

Title 8 — Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73