8 USC 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
(a) Permitting granting of posthumous citizenship
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) Noncitizens eligible for posthumous citizenship
Terms Used In 8 USC 1440-1
- alien: means any person not a citizen or national of the United States. See 8 USC 1101
- national: means a person owing permanent allegiance to a state. See 8 USC 1101
- person: means an individual or an organization. See 8 USC 1101
- Service: means the Immigration and Naturalization Service of the Department of Justice. See 8 USC 1101
- United States: except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. See 8 USC 1101
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.
The executive department under which the person so served shall determine whether the person satisfied the requirements of paragraphs (1) and (2).
(c) Requests for posthumous citizenship
(1) In general
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) Approval
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;
whichever date is later;
(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) Documentation of posthumous citizenship
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.