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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 8 U.S.C. § 1428 Temporary absence of persons performing religious duties us united_states_code code_section 8 ALIENS AND NATIONALITY 12 IMMIGRATION AND NATIONALITY 1428 8 U.S.C. § 1428 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip /us/usc/t8/s1428 data/legal/raw/us/code/title-08/usc08.xml 36778f8cb2712e81f5da37dbb1e6d41a4abf6f9d231072aae11152c065bd67e0 18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c ce8defd07d2384e9767437a7f3d9af40ff6567ae7e53e6e739772f6fb386ae74 2026-07-04 official
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8 U.S.C. § 1428 - Temporary absence of persons performing religious duties

Text

Any person who is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or any person who is engaged solely by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States as a missionary, brother, nun, or sister, who (1) has been lawfully admitted to the United States for permanent residence, (2) has at any time thereafter and before filing an application for naturalization been physically present and residing within the United States for an uninterrupted period of at least one year, and (3) has heretofore been or may hereafter be absent temporarily from the United States in connection with or for the purpose of performing the ministerial or priestly functions of such religious denomination, or serving as a missionary, brother, nun, or sister, shall be considered as being physically present and residing in the United States for the purpose of naturalization within the meaning of section 1427(a) of this title, notwithstanding any such absence from the United States, if he shall in all other respects comply with the requirements of the naturalization law. Such person shall prove to the satisfaction of the Attorney General that his absence from the United States has been solely for the purpose of performing the ministerial or priestly functions of such religious denomination, or of serving as a missionary, brother, nun, or sister.

(June 27, 1952, ch. 477, title III, ch. 2, § 317, 66 Stat. 243; Pub. L. 101649, title IV, § 407(c)(3), (d)(2), Nov. 29, 1990, 104 Stat. 5041.)

Notes

Editorial Notes

Amendments1990—Pub. L. 101649, § 407(d)(2), struck out “and the naturalization court” after “Attorney General”. Pub. L. 101649, § 407(c)(3), substituted “application” for “petition”.

Statutory Notes and Related Subsidiaries

Effective DateSection effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under section 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.