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Title 8, Aliens and NationalityRelease 119-102

§1428 Temporary Absence of Persons Performing Religious Duties

Title 8 › CHAPTER 12 — IMMIGRATION AND NATIONALITY › SUBCHAPTER III — NATIONALITY AND NATURALIZATION › Part II — Nationality Through Naturalization › § 1428

Last updated Aug 21, 2026|Official source

Summary

Allows certain religious workers who are lawful permanent residents to keep counting their U.S. residence for naturalization even if they take temporary trips abroad for church work. To qualify, a person must be an authorized minister or priest, or must work only as a missionary, brother, nun, or sister for a genuine U.S. religious group or interdenominational mission. They also must have been lawfully admitted for permanent residence and lived in the U.S. for at least one uninterrupted year before applying. They must meet the other naturalization rules and prove to the Attorney General that their trips were only for religious duties.

Full Legal Text

Title 8, §1428

Aliens and Nationality, Source: USLM XML via OLRC

Any person who is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or any person who is engaged solely by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States as a missionary, brother, nun, or sister, who (1) has been lawfully admitted to the United States for permanent residence, (2) has at any time thereafter and before filing an application for naturalization been physically present and residing within the United States for an uninterrupted period of at least one year, and (3) has heretofore been or may hereafter be absent temporarily from the United States in connection with or for the purpose of performing the ministerial or priestly functions of such religious denomination, or serving as a missionary, brother, nun, or sister, shall be considered as being physically present and residing in the United States for the purpose of naturalization within the meaning of section 1427(a) of this title, notwithstanding any such absence from the United States, if he shall in all other respects comply with the requirements of the naturalization law. Such person shall prove to the satisfaction of the Attorney General that his absence from the United States has been solely for the purpose of performing the ministerial or priestly functions of such religious denomination, or of serving as a missionary, brother, nun, or sister.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Pub. L. 101–649, § 407(d)(2), struck out “and the naturalization court” after “Attorney General”. Pub. L. 101–649, § 407(c)(3), substituted “application” for “petition”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after
June 27, 1952, see section 407 of act
June 27, 1952, 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.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1428

Title 8, Aliens and Nationality

Last Updated

Aug 21, 2026

Release point: 119-102