United States Code

8 U.S.C. § 1429

Prerequisite to naturalization; burden of proof

Statute Watch

Get an alert when any bill in Congress would change this law — and every time it moves.

Sign in to follow →

Bills that would change it 15

  • S 4547 America First Citizenship and Allegiance Act Amends · introduced · 119th Congress
  • S 3568 Naturalization and Oath Ceremony Protection Act Amends its part · introduced · 119th Congress
  • S 2526 Fight for the American Dream Act Amends its part · introduced · 119th Congress
  • HR 4393 DIGNIDAD (Dignity) Act of 2025 Amends its part 1429(a)(15)(U), 1429(a)(15)(B) · introduced · 119th Congress
  • HR 4316 Fight for the American Dream Act Amends its part · introduced · 119th Congress
  • HR 3466 SMART Act Amends · introduced · 119th Congress
  • HR 2278 RAISE Act Amends · introduced · 116th Congress
  • S 1103 RAISE Act Amends · introduced · 116th Congress
  • S 2192 SECURE Act of 2017 Amends · introduced · 115th Congress
  • HR 3775 Immigration in the National Interest Act of 2017 Amends · introduced · 115th Congress
  • HR 3647 Save America Comprehensive Immigration Act of 2017 Amends 1429(a) · introduced · 115th Congress
  • S 1757 Building America's Trust Act Amends · introduced · 115th Congress
  • S 1720 RAISE Act Amends · introduced · 115th Congress
  • HR 2431 Michael Davis, Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act Amends · introduced · 115th Congress
  • HR 264 Save America Comprehensive Immigration Act of 2009 Amends 1429(a) · introduced · 111th Congress

The law today

From the official United States Code, current through Public Law 119-121.

Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),1 and except as provided in sections 1439 and 1440 of this title no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: Provided, That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for naturalization as required by this subchapter.
Official text at uscode.house.gov ↗