Title 8 › Chapter 12— IMMIGRATION AND NATIONALITY › Subchapter III— NATIONALITY AND NATURALIZATION › Part II— Nationality Through Naturalization › § 1438
Allows people who lost U.S. citizenship during World War II to become U.S. citizens again if they meet certain rules. This covers someone who, while a U.S. citizen during the war, joined the military, air, or navy of a country that was fighting a nation the United States was also at war with after December 7, 1941 and before September 2, 1945, and lost citizenship because of joining or taking an oath for that service. They must follow the normal naturalization steps, take the required oath before the Attorney General or a federal court, and meet the conditions below. They must have been a person of good moral character for at least five years right before taking the oath, support the U.S. Constitution, be lawfully admitted for permanent residence, and intend to live in the United States. After re-naturalization, they get the same citizen status they had before losing citizenship, but not for the time when they were not a citizen. World War II is defined here as September 1, 1939 to September 2, 1945. This does not apply to anyone who served in the armed forces of a country that was at war with the United States.
Full Legal Text
Aliens and Nationality — Source: USLM XML via OLRC
Legislative History
Reference
Citation
8 U.S.C. § 1438
Title 8 — Aliens and Nationality
Last Updated
Apr 3, 2026
Release point: 119-73not60