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8 U.S.C. § 1426

Citizenship denied alien relieved of service in Armed Forces because of alienage

United States · Title 8 — ALIENS AND NATIONALITY · Status: effective

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8 U.S.C. § 1426, Citizenship denied alien relieved of service in Armed Forces because of alienage, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/431963
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Notwithstanding the provisions of section 405(b) 11 See References in Text note below. 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. 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. 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.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 100-525(S. 2479)1988-10-24
    Immigration Technical Corrections Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-649(S. 358)1990-11-29
    Immigration Act of 1990