8 USC 1445 – Application for naturalization; declaration of intention
(a) Evidence and form
An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant’s own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant’s naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.
(b) Who may file
Terms Used In 8 USC 1445
- alien: means any person not a citizen or national of the United States. See 8 USC 1101
- Attorney General: means the Attorney General of the United States. See 8 USC 1101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- naturalization: means the conferring of nationality of a state upon a person after birth, by any means whatsoever. See 8 USC 1101
- Oath: A promise to tell the truth.
- oath: includes affirmation, and "sworn" includes affirmed. See 1 USC 1
- 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
- person: means an individual or an organization. See 8 USC 1101
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- residence: means the place of general abode. 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
- writing: includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. See 1 USC 1
No person shall file a valid application for naturalization unless he shall have attained the age of eighteen years. An application for naturalization by an alien shall contain an averment of lawful admission for permanent residence.
(c) Hearings
Hearings under section 1447(a) of this title on applications for naturalization shall be held at regular intervals specified by the Attorney General.
(d) Filing of application
Except as provided in subsection (e), an application for naturalization shall be filed in the office of the Attorney General.
(e) Substitute filing place and administering oath other than before Attorney General
A person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the person has an illness or other disability which—
(1) is of a permanent nature and is sufficiently serious to prevent the person’s personal appearance, or
(2) is of a nature which so incapacitates the person as to prevent him from personally appearing.
(f) Declaration of intention
An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General. Nothing in this subsection shall be construed as requiring any such alien to make and file a declaration of intention as a condition precedent to filing an application for naturalization nor shall any such declaration of intention be regarded as conferring or having conferred upon any such alien United States citizenship or nationality or the right to United States citizenship or nationality, nor shall such declaration be regarded as evidence of such alien’s lawful admission for permanent residence in any proceeding, action, or matter arising under this chapter or any other Act.