8 USC 1421 - Naturalization authority

U.S Code last checked for updates: Nov 22, 2024

§ 1421.

Naturalization authority

(a)

Authority in Attorney General

(b)

Court authority to administer oaths

(1)

Jurisdiction

Subject to section 1448(c) of this title—

(A)

General jurisdiction

(B)

Exclusive authority

(2)

Information

(A)

General information

In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General—

(i)

the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and

(ii)

the Attorney General—

(I)

shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary to administer the oath of allegiance under section 1448(a) of this title, and

(II)

shall promptly forward to the court a certificate of naturalization (prepared by the Attorney General).

(B)

Assignment of individuals in the case of exclusive authority

If an eligible court has provided notice under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time of the approval of the person’s application for naturalization, of—

(i)

the court’s exclusive authority to administer the oath of allegiance under section 1448(a) of this title to such a person during the period specified in paragraph (3)(A)(i), and

(ii)

the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies.

If more than one eligible court in an area has provided notice under paragraph (1)(B), the Attorney General shall permit the person, at the time of the approval, to choose the court to which the information will be forwarded for administration of the oath of allegiance under this section.

(3)

Scope of exclusive authority

(A)

Limited period and advance notice required

The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person—

(i)

only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and

(ii)

only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies.

(B)

Authority of Attorney General

(C)

Waiver of exclusive authority

(4)

Issuance of certificates

(5)

Eligible courts

For purposes of this section, the term “eligible court” means—

(A)

a district court of the United States in any State, or

(B)

any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited.

(c)

Judicial review

(d)

Sole procedure

(June 27, 1952, ch. 477, title III, ch. 2, § 310, 66 Stat. 239; Pub. L. 85–508, § 25, July 7, 1958, 72 Stat. 351; Pub. L. 86–3, § 20(c), Mar. 18, 1959, 73 Stat. 13; Pub. L. 87–301, § 17, Sept. 26, 1961, 75 Stat. 656; Pub. L. 100–525, § 9(s), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101–649, title IV, § 401(a), Nov. 29, 1990, 104 Stat. 5038; Pub. L. 102–232, title I, § 102(a), title III, § 305(a), Dec. 12, 1991, 105 Stat. 1734, 1749; Pub. L. 103–416, title II, § 219(u), Oct. 25, 1994, 108 Stat. 4318.)

cite as: 8 USC 1421