PRIA, Government Policy, Made Personal

Summary

The Secretary of Homeland Security must give posthumous U.S. citizenship at the time of death to certain noncitizens who meet the law’s rules and have an approved application. To qualify, the person must have been an alien or noncitizen national who served honorably on active duty during the military periods covered by section 1440(a), died from an injury or disease caused or made worse by that service, and met the other eligibility test listed in section 1440(a). The request can be sent by the Department of Defense (if they find the next-of-kin and the next-of-kin asks) or by the next-of-kin. If the next-of-kin files, it must be no later than two years after November 24, 2003 or two years after the person’s death. The request must include an official certificate from the department the person served under confirming the service and death facts, and the USCIS Director must verify the remaining eligibility. If approved, USCIS will send the next-of-kin a document saying the United States considered the person a citizen when they died.

Title 8, §1440–1

Aliens and Nationality, Source: USLM XML via OLRC

(a)Notwithstanding any other provision of this subchapter, the Secretary of Homeland Security shall provide, in accordance with this section, for the granting of posthumous citizenship at the time of death to a person described in subsection (b) if the Secretary of Homeland Security approves an application for that posthumous citizenship under subsection (c).

(b)A person referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States—

(1)served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 1440(a) of this title,

(2)died as a result of injury or disease incurred in or aggravated by that service, and

(3)satisfied the requirements of clause (1) or (2) of the first sentence of section 1440(a) of this title.

(c)(1)A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of that person—

(A)upon locating the next-of-kin, and if so requested by the next-of-kin, by the Secretary of Defense or the Secretary’s designee with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security immediately upon the death of that person; or

(B)by the next-of-kin.

(2)The Director of the Bureau of Citizenship and Immigration Services shall approve a request for posthumous citizenship filed by the next-of-kin in accordance with paragraph (1)(B) if—

(A)the request is filed not later than 2 years after—

(i)November 24, 2003; or

(ii)the date of the person’s death;

(B)the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the requirements of paragraphs (1) and (2) of subsection (b); and

(C)the Director finds that the person satisfied the requirement of subsection (b)(3).

(d)If the Director of the Bureau of Citizenship and Immigration Services approves the request referred to in subsection (c), the Director shall send to the next-of-kin of the person who is granted citizenship, a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the person’s death.

Notes & Related Subsidiaries

Editorial Notes

Codification November 24, 2003, referred to in subsec. (c)(2)(A)(i), was in the original “the date of enactment of this section”, which was translated as meaning the date of enactment of Pub. L. 108–136, which enacted subsec. (c) of this section, to reflect the probable intent of Congress.

Amendments

2003—Subsec. (a). Pub. L. 108–136, § 1703(g)(2), substituted “Secretary of Homeland Security” for “Attorney General” in two places. Subsec. (c). Pub. L. 108–136, § 1704(1), added heading and text of subsec. (c) and struck out former subsec. (c) which related to procedures for approval by the Attorney General of a request for the granting of posthumous citizenship. Subsec. (d). Pub. L. 108–136, § 1704(2), added heading and text of subsec. (d) and struck out former subsec. (d) which read as follows: “If the Attorney General approves such a request to grant a person posthumous citizenship, the Attorney General shall send to the individual who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the person’s death.” Subsec. (e). Pub. L. 108–136, § 1703(g)(1), struck out heading and text of subsec. (e). Text read as follows: “Nothing in this section or section 1430(d) of this title shall be construed as providing for any benefits under this chapter for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section.” 2002—Subsec. (c)(1)(A). Pub. L. 107–273 substituted “

November 2, 2002,” for “

March 6, 1990,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–136 effective as if enacted Sept. 11, 2001, see section 1705 of Pub. L. 108–136, set out in a note under section 1439 of this title.

§1440–1 Posthumous Citizenship Through Death While on Active-duty Service in Armed Forces During World War I, World War Ii, the Korean Hostilities, the Vietnam Hostilities, or in Other Periods of Military Hostilities