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).
A person referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States-
The executive department under which the person so served shall determine whether the person satisfied the requirements of paragraphs (1) and (2).
A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of that person-
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-
whichever date is later;
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.
8 U.S.C. § 1440-1
EDITORIAL NOTES
CODIFICATIONNovember 24, 2003, referred to in subsec. (c)(2)(A)(i), was in the original "the date of enactment of this section", which was translated as meaning the date of enactment of Pub. L. 108-136 which enacted subsec. (c) of this section, to reflect the probable intent of Congress.
AMENDMENTS2003-Subsec. (a). Pub. L. 108-136, §1703(g)(2), substituted "Secretary of Homeland Security" for "Attorney General" in two places.Subsec. (c). Pub. L. 108-136, §1704(1), added heading and text of subsec. (c) and struck out former subsec. (c) which related to procedures for approval by the Attorney General of a request for the granting of posthumous citizenship.Subsec. (d). Pub. L. 108-136, §1704(2), added heading and text of subsec. (d) and struck out former subsec. (d) which read as follows: "If the Attorney General approves such a request to grant a person posthumous citizenship, the Attorney General shall send to the individual who filed the request 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."Subsec. (e). Pub. L. 108-136, §1703(g)(1), struck out heading and text of subsec. (e). Text read as follows: "Nothing in this section or section 1430(d) of this title shall be construed as providing for any benefits under this chapter for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section."2002-Subsec. (c)(1)(A). Pub. L. 107-273 substituted "November 2, 2002," for "March 6, 1990,".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-136 effective as if enacted Sept. 11, 2001, see section 1705 of Pub. L. 108-136 set out in a note under section 1439 of this title.
- Attorney General
- The term "Attorney General" means the Attorney General of the United States.
- Service
- The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
- alien
- The term "alien" means any person not a citizen or national of the United States.
- national of the United States
- The term "national of the United States" means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
- person
- The term "person" means an individual or an organization.