8 USC 1426 – Citizenship denied alien relieved of service in Armed Forces because of alienage
(a) Permanent ineligibility
Notwithstanding the provisions of section 405(b) 1 but subject to subsection (c), 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
Terms Used In 8 USC 1426
- 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
- permanent: means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law. 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
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.