§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
(a) Permitting granting of posthumous citizenship
Notwithstanding any other provision of this subchapter, the Attorney General 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) of this section if the Attorney General approves an application for that posthumous citizenship under subsection (c) of this section.
(b) Noncitizens eligible for posthumous citizenship
A person referred to in subsection (a) of this section is a person who, while an alien or a noncitizen national of the United States-
(1) served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 1440(a) of this title,
(2) died as a result of injury or disease incurred in or aggravated by that service, and
(3) satisfied the requirements of clause (1) or (2) of the first sentence of section 1440(a) of this title.
The executive department under which the person so served shall determine whether the person satisfied the requirements of paragraphs (1) and (2).
(c) Requests for posthumous citizenship
A request for the granting of posthumous citizenship to a person described in subsection (b) of this section may be filed on behalf of the person only by the next-of-kin (as defined by the Attorney General) or another representative (as defined by the Attorney General). The Attorney General shall approve such a request respecting a person if-
(1) the request is filed not later than 2 years after-
(A) March 6, 1990, or
(B) the date of the person's death, whichever date is later;
(2) the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the requirements of paragraphs (1) and (2) of subsection (b) of this section; and
(3) the Attorney General finds that the person satisfied the requirement of subsection (b)(3) of this section.
(d) Documentation of posthumous citizenship
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.
(e) No benefits to survivors
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.
(June 27, 1952, ch. 477, title III, ch. 2, §329A, as added