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Title 8 — Aliens and NationalityRelease 119-73not60

§1429 Prerequisite to Naturalization; Burden of Proof

Title 8 › Chapter 12— IMMIGRATION AND NATIONALITY › Subchapter III— NATIONALITY AND NATURALIZATION › Part II— Nationality Through Naturalization › § 1429

Last updated Apr 3, 2026|Official source

Summary

A person cannot become a U.S. citizen by naturalization unless they were legally admitted to the United States as a permanent resident. The person must prove they entered lawfully and show when, where, and how they entered. They can ask for their immigrant visa, other entry papers, and any non-confidential records held by immigration authorities to help prove entry. Except as in section 405(b) and in sections 1439 and 1440, a person with a final finding that they are deportable under an arrest warrant cannot be naturalized, and the Attorney General will not consider an application while removal proceedings under such a warrant are pending. The Attorney General ending or canceling removal proceedings does not by itself show the person meets naturalization requirements.

Full Legal Text

Title 8, §1429

Aliens and Nationality — Source: USLM XML via OLRC

Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),11 See References in Text note below. and except as provided in section 1439 and 1440 of this title no person shall be naturalized 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; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: Provided, That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for naturalization as required by this subchapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, 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. section 405(b), referred to in text, 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

1996—Pub. L. 104–208 substituted “removal” for “deportation” wherever appearing and “canceling” for “suspending”. 1990—Pub. L. 101–649, § 407(d)(3), in last sentence substituted “considered by the Attorney General” for “finally heard by a naturalization court” and “upon the Attorney General” for “upon the naturalization court”. Pub. L. 101–649, § 407(c)(4), substituted “application” for “petition” and “applicant” for “petitioner”. 1968—Pub. L. 90–633 substituted reference to exception provided in section 1439 and 1440 of this title for reference to exception provided in section 1438 and 1439 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, 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. § 1429

Title 8 — Aliens and Nationality

Last Updated

Apr 3, 2026

Release point: 119-73not60