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8 U.S.C. § 1440–1

Posthumous citizenship through death while on active-duty service in armed forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities

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

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8 U.S.C. § 1440–1, Posthumous citizenship through death while on active-duty service in armed forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/431978
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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— 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— the request is filed not later than 2 years after— 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.

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.

  • Enacted byPub. L. 101-249(H.R. 150)1990-03-06
    Posthumous Citizenship for Active Duty Service Act of 1989
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 107-273(H.R. 2215)2002-11-02
    21st Century Department of Justice Appropriations Authorization Act
    House: 400–4Senate: no recorded tally
  • Amended byPub. L. 108-136(H.R. 1588)2003-11-24
    National Defense Authorization Act for Fiscal Year 2004