§1438 Former Citizens Losing Citizenship by Entering Armed Forces of Foreign Countries During World War Ii

Summary

Allows people who, while U.S. citizens during World War II, served in the military, air, or naval forces of a country that was at war with a nation the United States was also at war with after December 7, 1941 and before September 2, 1945, and who lost U.S. citizenship for doing so or for taking an oath to join those forces, to become U.S. citizens again. They must follow the usual naturalization rules (with one specified exception) and take the required oath before the Attorney General or an approved court. The court must send a certified copy of the oath to the Department of State and the Department of Justice, and the Attorney General must send a certified copy to the Secretary of State. They must have been a person of good moral character for at least five years right before taking the oath, be attached to the principles of the Constitution and well disposed to the good order and happiness of the United States, and must have been lawfully admitted for permanent residence and plan to live in the United States permanently. Once naturalized under this rule, a person has the same status they had before losing citizenship (either native-born or naturalized), but this does not make them a citizen during the time they were not a citizen. For this law, World War II is treated as running from September 1, 1939 to September 2, 1945. The rule does not apply to anyone who served in the armed forces of a country that was at war with the United States during World War II.