United States Code (Last Updated: May 24, 2014) |
Title 8. ALIENS AND NATIONALITY |
Chapter 12. IMMIGRATION AND NATIONALITY |
SubChapter III. NATIONALITY AND NATURALIZATION |
Part II. Nationality Through Naturalization |
§ 1423. Requirements as to understanding the English language, history, principles and form of government of the United States
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(a) No person except as otherwise provided in this subchapter shall hereafter be naturalized as a citizen of the United States upon his own application who cannot demonstrate— (1) an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language: Provided, That the requirements of this paragraph relating to ability to read and write shall be met if the applicant can read or write simple words and phrases to the end that a reasonable test of his literacy shall be made and that no extraordinary or unreasonable condition shall be imposed upon the applicant; and (2) a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States. (b) (1) The requirements of subsection (a) of this section shall not apply to any person who is unable because of physical or developmental disability or mental impairment to comply therewith. (2) The requirement of subsection (a)(1) of this section shall not apply to any person who, on the date of the filing of the person’s application for naturalization as provided in section 1445 of this title, either— (A) is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, or (B) is over fifty-five years of age and has been living in the United States for periods totaling at least fifteen years subsequent to a lawful admission for permanent residence. (3) The Attorney General, pursuant to regulations, shall provide for special consideration, as determined by the Attorney General, concerning the requirement of subsection (a)(2) of this section with respect to any person who, on the date of the filing of the person’s application for naturalization as provided in section 1445 of this title, is over sixty-five years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence.
Amendments
1994—Pub. L. 103–416 designated existing provisions as subsec. (a), struck out “this requirement shall not apply to any person physically unable to comply therewith, if otherwise qualified to be naturalized, or to any person who, on the date of the filing of his application for naturalization as provided in section 1445 of this title, either (A) is over 50 years of age and has been living in the United States for periods totaling at least 20 years subsequent to a lawful admission for permanent residence, or (B) is over 55 years of age and has been living in the United States for periods totaling at least 15 years subsequent to a lawful admission for permanent residence: Provided further, That”, after “Provided, That”, substituted “this paragraph” for “this section” after “requirements of”, and added subsec. (b).
1991—Pub. L. 102–232 substituted “application” for “petition” in introductory provisions and par. (1).
1990—Par. (1). Pub. L. 101–649 substituted “either (A) is over 50 years of age and has been living in the United States for periods totaling at least 20 years subsequent to a lawful admission for permanent residence, or (B) is over 55 years of age and has been living in the United States for periods totaling at least 15 years subsequent to a lawful admission for permanent residence” for “is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence”.
1978—Par. (1). Pub. L. 95–579 substituted “person who, on the date of the filing of his petition for naturalization as provided in section 1445 of this title, is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence” for “person who, on the effective date of this chapter, is over fifty years of age and has been living in the United States for periods totaling at least twenty years”.
Effective Date Of Amendment
Pub. L. 103–416, title I, § 108(c),
Pub. L. 102–232, title III, § 305(m),
Miscellaneous
Pub. L. 103–416, title I, § 108(d),
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.
Pub. L. 106–207, “This Act may be cited as the ‘Hmong Veterans’ Naturalization Act of 2000’. “The Attorney General shall provide for special consideration, as determined by the Attorney General, concerning the requirement of paragraph (2) of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(2)) with respect to the naturalization of any person described in paragraph (1), (2), or (3) of section 2 of this Act. “This Act shall apply to a person only if the person’s application for naturalization is filed, as provided in section 334 of the Immigration and Nationality Act (8 U.S.C. 1445), with appropriate fees not later than 36 months after the date of the enactment of this Act [ “Notwithstanding any other provision of this Act, the total number of aliens who may be granted an exemption under section 2 or special consideration under section 3, or both, may not exceed 45,000.”