Title 8 — Aliens and NationalityRelease 119-73not60
§1452 Certificates of Citizenship or U.s. Non-citizen National Status; Procedure
Title 8 › Chapter 12— IMMIGRATION AND NATIONALITY › Subchapter III— NATIONALITY AND NATURALIZATION › Part II— Nationality Through Naturalization › § 1452
Summary
People who say they became U.S. citizens because a parent or a husband naturalized, or under certain older citizenship laws, can ask the Attorney General for a certificate of citizenship. They must prove to the Attorney General that they really are citizens and that their citizenship came the way they say. They must also take the oath of allegiance before a Service member while inside the United States. The certificate is only given if the person is in the United States at that time. People who claim to be U.S. nationals but not citizens can ask the Secretary of State for a certificate of non‑citizen national status. They must prove their status to the Secretary of State. If they were born outside the United States or its possessions, they must also take the oath of allegiance before an immigration officer while in the United States or its outlying possessions.
Full Legal Text
Title 8, §1452
Aliens and Nationality — Source: USLM XML via OLRC
(a)A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions of subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended (54 Stat. 1138), or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of this title, or under the provisions of the Act of August 4, 1937 (50 Stat. 558), or under the provisions of section 203 or 205 of the Nationality Act of 1940 (54 Stat. 1139), or under the provisions of section 1403 of this title, may apply to the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the applicant is a citizen, and that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship, but only if such individual is at the time within the United States.
(b)A person who claims to be a national, but not a citizen, of the United States may apply to the Secretary of State for a certificate of non-citizen national status. Upon—
(1)proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States, and
(2)in the case of such a person born outside of the United States or its outlying possessions, taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization,
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 1993 of the Revised Statutes, referred to in subsec. (a), which was classified to section 6 of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. The Nationality Act of 1940, referred to in subsec. (a), is act Oct. 14, 1940, ch. 876, 54 Stat. 1137, as amended. section 201, 203, and 205 of the Nationality Act of 1940, which were classified to section 601, 603, and 605, respectively, of this title, were repealed by section 403(a)(42) of act
June 27, 1952. Act
May 7, 1934 (48 Stat. 667), referred to in subsec. (a), which was classified to section 3b and 3c of this title, was omitted from the Code. Act Aug. 4, 1937, referred to in subsec. (a), which was classified to section 5d and 5e of this title, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. This chapter, referred to in subsecs. (a) and (b)(2), 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.
Amendments
1994—Subsec. (c). Pub. L. 103–416 struck out subsec. (c) which related to application to Attorney General for certificate of citizenship for adopted child. 1991—Subsec. (a). Pub. L. 102–232 substituted “an applicant” for “a petitioner”. 1988—Subsec. (c). Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below. 1986—Pub. L. 99–396, § 16(a)(1), inserted reference to certificates of non-citizen national status in section catchline. Subsecs. (a), (b). Pub. L. 99–396, § 16(a)(2), (3), designated existing provisions as subsec. (a) and added subsec. (b). Subsec. (c). Pub. L. 99–653, as amended by Pub. L. 100–525, added subsec. (c). 1981—Pub. L. 97–116 substituted “(c), (d), (e), or (g) of section 1401” for “(3), (4), (5), or (7) of section 1401(a)”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–416 effective on the first day of the first month beginning more than 120 days after Oct. 25, 1994, see section 102(d) of Pub. L. 103–416, set out as a note under section 1433 of this act.
Effective Date
of 1991 Amendment Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by section 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649.
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act
Amendments
of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988
Amendments
note under section 1101 of this title.
Effective Date
of 1981 AmendmentAmendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, 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. Certificates of Non-Citizen National Status; $35 Limit on Fees for Processing Applications Filed Before End of Fiscal Year 1987 Pub. L. 99–396, § 16(c), Aug. 27, 1986, 100 Stat. 843, provided that: “The Secretary of State may not impose a fee exceeding $35 for the processing of an application for a certificate of non-citizen national status under section 341(b) of the Immigration and Nationality Act [8 U.S.C. 1452(b)] filed before the end of fiscal year 1987.”
Reference
Citations & Metadata
Citation
8 U.S.C. § 1452
Title 8 — Aliens and Nationality
Last Updated
Apr 3, 2026
Release point: 119-73not60