PRIA, Government Policy, Made Personal

Summary

If a noncitizen asked to be excused or discharged from U.S. military training or service because they were not a citizen, and they were relieved or discharged for that reason, they cannot become a U.S. citizen ever. Records kept by the Selective Service System or the Department of Defense are taken as final proof that the person was relieved or discharged for being a noncitizen. The rule does not apply when the exemption came from using rights under a treaty, if before using those treaty rights the person had served in the armed forces of the foreign country of which they were a national.

Title 8, §1426

Aliens and Nationality, Source: USLM XML via OLRC

(a)Permanent ineligibility

Notwithstanding the provisions of section 405(b) but subject to subsection (c), any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces or in the National Security Training Corps of the United States on the ground that he is an alien, and is or was relieved or discharged from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States.

(b)Conclusiveness of records

The records of the Selective Service System or of the Department of Defense shall be conclusive as to whether an alien was relieved or discharged from such liability for training or service because he was an alien.

(c)Service in armed forces of foreign country

An alien shall not be ineligible for citizenship under this section or otherwise because of an exemption from training or service in the Armed Forces of the United States pursuant to the exercise of rights under a treaty, if before the time of the exercise of such rights the alien served in the Armed Forces of a foreign country of which the alien was a national.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 405(b), referred to in subsec. (a), is section 405(b) of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a Savings Clause note under section 1101 of this title.

Amendments

1990—Subsec. (a). Pub. L. 101–649, § 404(1), inserted “but subject to subsection (c)” after “section 405(b)”. Subsec. (c). Pub. L. 101–649, § 404(2), added subsec. (c). 1988—Subsec. (b). Pub. L. 100–525 substituted “Department of Defense” for “National Military Establishment”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–649 applicable to exemptions from training or service obtained before, on, or after Nov. 29, 1990, see section 408(e) of Pub. L. 101–649, set out as a note under section 1421 of this title.

§1426 Citizenship Denied Alien Relieved of Service in Armed Forces Because of Alienage