8 USC § 1426 - Citizenship denied alien relieved of service in Armed Forces because of alienage | Title 8 - Aliens and Nationality | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) Permanent ineligibility

Notwithstanding the provisions of section 405 (b) ^[1] but subject to subsection (c) of this section, any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces or in the National Security Training Corps of the United States on the ground that he is an alien, and is or was relieved or discharged from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States.

(b) Conclusiveness of records

The records of the Selective Service System or of the Department of Defense shall be conclusive as to whether an alien was relieved or discharged from such liability for training or service because he was an alien.

(c) Service in armed forces of foreign country

An alien shall not be ineligible for citizenship under this section or otherwise because of an exemption from training or service in the Armed Forces of the United States pursuant to the exercise of rights under a treaty, if before the time of the exercise of such rights the alien served in the Armed Forces of a foreign country of which the alien was a national.

[1] See References in Text note below.

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(a) Permanent ineligibility

Notwithstanding the provisions of section 405 (b) ^[1] but subject to subsection (c) of this section, any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces or in the National Security Training Corps of the United States on the ground that he is an alien, and is or was relieved or discharged from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States.

(b) Conclusiveness of records

The records of the Selective Service System or of the Department of Defense shall be conclusive as to whether an alien was relieved or discharged from such liability for training or service because he was an alien.

(c) Service in armed forces of foreign country

An alien shall not be ineligible for citizenship under this section or otherwise because of an exemption from training or service in the Armed Forces of the United States pursuant to the exercise of rights under a treaty, if before the time of the exercise of such rights the alien served in the Armed Forces of a foreign country of which the alien was a national.

[1] See References in Text note below.

Source

(June 27, 1952, ch. 477, title III, ch. 2, § 315,66 Stat. 242; Pub. L. 100–525, § 9(v),Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101–649, title IV, § 404,Nov. 29, 1990, 104 Stat. 5039.)

References in Text

Section 405 (b), referred to in subsec. (a), 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

1990—Subsec. (a). Pub. L. 101–649, § 404(1), inserted “but subject to subsection (c) of this section” after “section 405 (b)”.

Subsec. (c). Pub. L. 101–649, § 404(2), added subsec. (c).

1988—Subsec. (b). Pub. L. 100–525substituted “Department of Defense” for “National Military Establishment”.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–649applicable to exemptions from training or service obtained before, on, or after Nov. 29, 1990, see section 408(e) ofPub. L. 101–649, set out as a note under section 1421 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

8 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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22 CFR - Foreign Relations

22 CFR Part 50 - NATIONALITY PROCEDURES

8 USC § 1426 - Citizenship denied alien relieved of service in Armed Forces because of alienage

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