[Federal Register Volume 60, Number 23 (Friday, February 3, 1995)]
[Rules and Regulations]
[Pages 6647-6652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2645]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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Federal Register / Vol. 60, No. 23 / Friday, February 3, 1995 / Rules
and Regulations
[[Page 6647]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 103, 292, 299, 310, 312, 313, 315, 316, 316a, 319, 322,
324, 325, 327, 328, 329, 330, 331, 332, 332a, 332b, 332c, 332d,
333, 334, 334a, 335, 335a, 335c, 336, 337, 338, 339, 340, 343b,
344, and 499
[INS No. 1435-92: AG Order No. 1946-95]
RIN 1115-AC58
Administrative Naturalization
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This rule establishes procedures implementing an
administrative naturalization process as provided for by recent changes
in the immigration laws. The rule streamlines the administrative
naturalization process since the courts are now removed from routing
decisions approving applicants for naturalization. As a result of this
rule, applications for naturalization will be processed to completion
within the immigration and Naturalization Service (the Service), with
the role of the courts limited to administration of the oath of
allegiance in some circumstances, and judicial review of administrative
denials.
EFFECTIVE DATE: February 3, 1995.
FOR FURTHER INFORMATION CONTACT: William Tollifson, Adjudications
Officer, Naturalization and Special Projects Branch, Adjudications
Division, Immigration and Naturalization Service, room 3214, 425 I
Street, NW., Washington, DC 20536, telephone: (202) 514-5014.
SUPPLEMENTARTY INFORMATION: This rule finalizes two previous interim
rules published by the Immigration and Naturalization Service to
implement procedures for administrative naturalization. Title IV of the
Immigration Act of 1990 (Pub. L. 101-649) (IMMACT), effective October
1, 1991, transferred jurisdiction over naturalization from the
judiciary to the Attorney General, subject to judicial review, and
redefined the naturalization process as an administrative proceeding.
On October 7, 1991, the Service published in the Federal Register an
interim rule to implement the procedures governing administrative
naturalization. 56 FR 50475. Before a final rule could be drafted,
however, Congress enacted the Miscellaneous and Technical Immigration
and Naturalization Amendments of 1991 (Pub. L. 102-232) (Technical
Amendments), effective January 11, 1992, which significantly changed
several statutory provisions relating to administrative naturalization.
The Service then published a second interim rule in the Federal
Register on September 24, 1993, at 58 FR 49905, to implement the
changes brought about by the Technical Amendments. That second interim
rule also incorporated changes based on public comments received on the
first interim rule. This rule adopts as final both the first interim
rule (October 7, 1991) and the subsequent changes in the second interim
rule (September 24, 1993). This final rule also includes changes based
on public comment, and some minor changes resulting from the Service's
experience in working with the two interim rules.
As noted above in the two previous interim rules, IMMACT amended
the naturalization process so that the judiciary no longer holds
exclusive jurisdiction over naturalization applications. It is now the
responsibility of the Service not only to receive applications for
naturalization and to conduct examinations to determine statutory
eligibility for citizenship, but also to render formal determinations
on applications for naturalization, to provide for administrative
review of such determinations, and to issue naturalization
certificates. The judiciary's participation in the naturalization
process is limited to administering the oath of allegiance and
renunciation for persons whom the Service determines to be admissible
to citizenship and to reviewing administrative denials.
The Technical Amendments clarified and revised some changes made by
IMMACT in several areas relating to the administrative naturalization
process. Most notably, a federal or state court now may elect to
exercise exclusive jurisdiction to administer the oath of allegiance to
applicants for naturalization under certain circumstances. Also added
by the Technical Amendments is the requirement that the Attorney
General rather than a court, promptly prepare a naturalization
certificate for each person to be administered the oath of allegiance
by a court, and then transmit that certificate to the court having
jurisdiction to administer the oath. This process reduces
administrative costs to the courts while maintaining naturalization as
a source of court revenue and also ensures that a certificate of
naturalization prepared by the Service can be delivered to the
applicant at the time of the administration of the oath, regardless of
whether the oath administration ceremony is judicial or administrative.
The Technical Amendments also provide a means by which an applicant
facing special circumstances may participate in an oath administration
ceremony without having to wait until the date of the next public
ceremony. The court now has discretion to consider special
circumstances in determining whether to administer the oath immediately
in a private judicial ceremony, or to refer the person to the Attorney
General for immediate administrative naturalization.
Comments on the Interim Rule Published on September 24, 1993
The Service received six comments from the public in response to
the September 24, 1993, interim rule. These comments covered 14
specific areas. Only one of the comments addressed issues arising under
the Technical Amendments provisions for exclusive jurisdiction of the
courts in administering the oath of allegiance. The remaining comments
related to issues addressed in both interim rules. The discussion that
follows summarizes the issues raised in the comments, provides the
Service's position on these issues, and explains the revisions adopted.
Two of the commenters focused on standardized testing of knowledge
of the [[Page 6648]] United States government and history and English
literacy, covered in 8 CFR part 312. These two commenters, Educational
Testing Services and Comprehensive Adult Student Assessment System,
felt that Sec. 312.3(a)(1) as written did not clearly provide that a
standardized test of knowledge of United States government and history
and English literacy could be taken even after the submission of an
application for naturalization, so long as the results were presented
as part of the interview process. Both commenters provided suggested
language. While the Service agrees that the original language needs
clarification, the commenters' suggested language was not accepted
because it effectively would restrict the taking of the test to the
period before the applicant's first interview. Instead, the Service has
modified Sec. 312.3(a)(1) to reflect that the standardized test may be
taken and passed up until the date of any examination on the
application under 8 CFR part 335, including a retest on the Sec. 312
requirement. The wording in the first sentence also has been changed
from ``submits an application'' to ``files an application'' to bring
the language into conformity with all other references to receipt of
applications by the Service.
One of these commenters also suggested that the Service include
specific language in Sec. 312.3(a)(3) to reflect that an applicant's
inability to speak English will not be construed as evidence of fraud
in the taking of the standardized test. In response to the first
interim rule, the Service received a similar request to set forth the
exact level of proof required to invalidate test results on the basis
of fraud. In this rule, the Service has certified that the inability to
speak English may not be used as the sole ground upon which to
invalidate test results. However, it should be noted that an
applicant's inability to speak English at the interview may provide the
officer with a reason to scrutinize more closely the circumstances
surrounding the administration of the test. Moreover, while the Service
may not invalidate test results as fraudulent solely because an
applicant is unable to speak English at the interview, the Service is
not precluded from denying an application on the grounds that the
applicant is unable to speak English.
The same commenter also requested inclusion of a specific provision
stating that persons who have satisfied the educational requirements
set forth in section 312 of the Immigration and Nationality Act (the
Act) during the legalization program under section 245A of the Act have
met the requirements listed in 8 CFR 312.3. The Service points out that
such a provision already exists in Sec. 312.3(b). Under that provision,
applicants must still demonstrate spoken English skills at the time of
the naturalization interview.
One commenter requested clarification of the changes made by the
second interim rule to Sec. 312.4. Specifically, the commenter note the
requirement that the Service provide an applicant with another
interpreter in a timely manner when it disqualifies the applicant's own
interpreter. The commenter was concerned that this language could be
misconstrued as requiring the Service to obtain an interpreter on the
same day as the disqualification. The commenter pointed out that such a
requirement would generate a significant cost to the Service and also
could lead to violations of the Service's contractual obligations with
interpreter firms. The Service has clarified this section to reflect
that an interview may be rescheduled within a reasonable time period so
long as such rescheduling does not cause undue delay in the
adjudication of the application.
The same commenter also noted the removal of the term ``terrorist''
from the definition of ``subversive'' found in Sec. 313.1. As we
explained when we published the second interim rule, terrorists are not
specifically included among the classes of persons ineligible for
naturalization under section 313 of the Act. We note, however, that
although section 313 of the Act does not expressly prohibit the
naturalization of persons who engage in terrorist activity as defined
in section 212(a)(3)(B) of the Act, such persons will be closely
scrutinized for lack of good morale character.
Also noted by that commenter were the changes made by the second
interim rule in Sec. 316.5(c)(1)(i) regarding the term used to describe
the interruption of continuity of residence. The commenter took issue
with the use of the phrase ``continuity of residence,'' suggesting that
``continuous residence'' would be a more appropriate term, as the
Service uses that term throughout its regulations and particularly in 8
CFR part 245a. It should be noted, however, that Sec. 316.5(c)(l)(i)
implements section 316(b) of the Act, which refers to residence as
required for admission to citizenship, as opposed to residence in other
immigration contexts. Moreover, section 316(b) of the Act uses the term
``continuity of residence.'' Accordingly, Sec. 316.5(c)(1)(i) adheres
to the design of the statute by using the Act's terminology and by
distinguishing between residence for naturalization purposes and
residence as used in other Service regulations.
One commenter asserted that the provision in Sec. 316.10 specifying
that a conviction for an aggravated felony be a permanent bar to
naturalization only if the conviction occurred after November 29, 1990,
contradicts a General Counsel legal opinion dated February 22, 1991 (on
file with the Office of General Counsel, INS). The legal opinion
discusses when a conviction can be classified as an aggravated felony.
However, as the legal opinion also discusses, section 509 of IMMACT,
which replaces ``murder'' with ``aggravated felony'' in section
101(f)(8) of the Act, is applicable only to convictions occurring on or
after November 29, 1990. Accordingly, an applicant is permanently
barred from showing good moral character, and hence from eligibility
for naturalization, by a conviction for an aggravated felony only when
the conviction occurred on or after that date. As noted in the
supplementary information accompanying the second interim rule,
however, nothing in the regulations prevents the Service from using a
pre-November 29, 1990, aggravated felony conviction as an impediment to
establishing good moral character under Sec. 316.10(b) (2) or (3).
One commenter suggested that the provision in Sec. 335.2(a)
allowing for the presence of an applicant's attorney or representative
at the examination should refer only to Sec. 292.3, rather than to the
filing of an appearance in accordance with part 292 generally. However,
the broader reference to part 292 was designed to encompass Sec. 292.3
as well as the other guidelines for representation before the Service
listed in that part. That commenter also asserted that the Service
seems to have expanded the legal representative's participation in the
in the naturalization process. As explained in the supplementary
information accompanying the second interim rule, prior to the change
to administrative naturalization, all applicants were subject to a
preliminary investigation, where limited representation was allowed,
and to a preliminary examination and final hearing, where full
representation was allowed. As applicants are now subject to only one
examination, the rights to representation at that examination have been
expanded to be consistent with all other adjudications before the
Service.
One commenter requested that the Service provide further guidance
in Sec. 335.2 to adjudications officers concerning the conduct of
naturalization examinations, as [[Page 6649]] discrepancies sometimes
exist in the level of difficulty of questions asked of applicants.
Although we recognize the need to provide guidelines for adjudications
officers, such guidelines are more properly provided in the Service's
Operations Instructions.
That commenter also suggested that the Service amend Sec. 335.6 to
allow applicants to make verbal requests for rescheduling of missed
interviews at the field office. For reasons of administrative
efficiency, the Service must require that all requests be submitted in
writing. However, the written request need not take any specific form,
but rather may be a brief, informal notation for the adjudications
officer to insert in the applicant's file.
One commenter questioned the portion of Sec. 335.7 that allows the
Service to deny applications on the merits where applicants fail to
explain adequately absences from appearances required after their
initial examinations or to provide the Service with additional
requested evidence. The commenter suggested that dismissal is more
appropriate than denial in cases where the Service does not have
sufficient evidence upon which to make a determination. Section 335(e)
of the Act provides that, where the applicant fails to prosecute an
application, the Service may either decide the application on the
merits or dismiss it for lack of prosecution. The Service agrees with
the commenter that cases may be more appropriately ``dismissed'' than
adjudicated on the merits where no record exists. The Service therefore
has made a distinction between cases where the applicant has not
appeared for the examination, provided for in Sec. 335.6, and cases
where the applicant has already appeared for an examination but the
Service requires further testimony or documentary evidence to support
the application, provided for in Sec. 335.7. This rule further
clarifies the Service's position that when the applicant fails to
appear for the examination, leaving the Service without sufficient
evidence upon which to render a determination, the case will be
dismissed for lack of prosecution after the passage of one year from
the date the application was closed. However, when the applicant
appears for examination but the Service requests additional testimony
or documentation, and the applicant then fails to prosecute the
application, the Service will adjudicate the case on the merits, as
sufficient evidence should exist to render a decision.
One commenter expressed concern over the process for reviewing
completed Forms N-445 prior to the oath administration ceremony,
provided for in Sec. 337.2(c). The commenter requested assurance that
when further questioning is warranted after review of the completed
form, the applicant will be given the opportunity to respond to an
officer's questions in a quiet, private setting so as to allow for a
meaningful exchange with the officer. The Service believes that
completion of the Form N-445 is a necessary part of the naturalization
process. Although Service adjudications officers will be provided with
guidance on the treatment of applicants whose answers warrant further
investigation, such guidelines are provided more properly in the
Services Operations Instructions.
That commenter also had concerns that the procedure for requesting
expedited administration of the oath of allegiance set forth in
Sec. 337.3(c) may cause undue delay, because the Service would be
required in some cases to first pass upon the merits of each request
and then send a recommendation to the court. The Service has addressed
this concern by revising Sec. 337.3(c) to eliminate the recommendation
process. The commenter also expressed concern over the requirement that
requests for expedition be in writing, and suggested that the Service
implement a more flexible approach. While the Service recognizes the
need to provide the public with an efficient process, the Service is
concerned that many applicants, especially those without legal
representation, may have difficulty in communicating with judges or
clerks of court to request expedited ceremonies. The Service,
therefore, has revised Sec. 337.3(c) to provide that applicants seeking
expedited ceremonies may submit their requests to either the court or
to the Service.
The same commenter also suggested that the Service attempt to
reallocate its resources to rectify discrepancies in waiting times for
adjudications. While this regulation is not the proper forum in which
to address such concerns, the Service assures the commenter that it is
working constantly to improve the efficiency of the administrative
naturalization process.
Service Initiated Changes
As a result of working under the interim rules since 1991, the
Service discovered some errors or areas where further clarification is
needed.
At Sec. 316.2(a)(3), which lists one of the requirements for
naturalization, the rule stated only that the applicant must have
resided continuously in the United States for 5 years after lawful
admission. Section 316(a) of the Act, however, requires that the
applicant has resided in the United States for 5 years after lawful
admission for permanent residence. In order to bring the regulation
into conformity with the statute, the Service has inserted the phrase
``for permanent residence'' at the end of Sec. 316.2(a)(3).
At Sec. 316.5(c)(2), the Service clarified language regarding
relinquishment of permanent resident status by aliens who claim
nonresident alien status for income tax purposes. The rebuttable
presumption of relinquishment of lawful permanent resident status
extends not only to persons who ``voluntarily'' claim nonresident alien
status for income tax purposes, but also to persons who fail to file
income tax returns based on their claims to nonresident alien status.
At Sec. 329.4, the Service had referred erroneously to an
inappropriate section of the regulations. This citation has been
corrected in Sec. 329.4(b), which formerly referred to ``Sec. 329.2(a),
(c)(1), or (c)(2)'' and now reads ``Sec. 329.2 (a), (b), or (c)(2).''
At Sec. 339.2, the Service added a provision to clarify the purpose
of the courts' submission of monthly reports prepared on Form N-4. As
approved in a notice published on October 25, 1993, at 58 FR 55084,
55085, Form N-4, in addition to serving its recordkeeping purpose, will
be treated by the Service as a billing document submitted by the
courts. Use of Form N-4 in this manner will enable the Service to
process more efficiently requests for reimbursement from courts for
performance of oath administration ceremonies. The added paragraph also
explains that reimbursements for state courts will be determined under
the same standards set for the Federal courts.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving
it, certifies that the rule will not have a significant economic impact
on a substantial number of small entities.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, Sec. 1(b). The Attorney General has determined
that this rule is not a significant regulatory action under Executive
Order 12866, Sec. 3(f), and accordingly this rule has not been reviewed
by the Office of Management and Budget.
Executive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the [[Page 6650]] National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with section 6 of Executive Order 12612, it is determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Executive Order 12606
The Attorney General has reviewed this rule under Executive Order
12606 and has determined that this rule will not have an impact on
family formation, maintenance, or general well-being.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Archives and records,
Authority delegations (Government agencies), Fees, Forms, Freedom of
information, Privacy, Reporting and recordkeeping requirements, Surety
bonds.
8 CFR Part 292
Administrative practice and procedure, Hearing and appeal
procedures, Immigration.
8 CFR Part 299
Citizenship and naturalization, Immigration and Nationality Act,
Reporting and recordkeeping requirements.
8 CFR Part 310
Citizenship and naturalization, Courts.
8 CFR Part 312
Citizenship and naturalization, Education.
8 CFR Part 313
Citizenship and naturalization.
8 CFR Part 315
Armed forces, Citizenship and naturalization, Selective service
system, Treaties.
8 CFR Part 316
Citizenship and naturalization, International organizations,
Reporting and recordkeeping requirements.
8 CFR Part 316a
Citizenship and naturalization, Immigration, Residence.
8 CFR Part 319
Citizenship and naturalization. Reporting and recordkeeping
requirements.
8 CFR Part 322
Citizenship and naturalization, Infants and children, Reporting and
recordkeeping requirements.
8 CFR Part 324
Citizenship and naturalization, Reporting and recordkeeping
requirements, Women.
8 CFR Part 325
Citizenship and naturalization, Reporting and recordkeeping
requirements.
8 CFR Part 327
Citizenship and naturalization, Military personnel, Reporting and
recordkeeping requirements.
8 CFR Part 328
Citizenship and naturalization, Military personnel, Reporting and
recordkeeping requirements.
8 CFR Part 329
Citizenship and naturalization, Military personnel, Reporting and
recordkeeping requirements, Veterans.
8 CFR Part 330
Citizenship and naturalization, Reporting and recordkeeping
requirements, Seamen.
8 CFR Part 331
Aliens, Citizenship and naturalization.
8 CFR Part 332
Citizenship and naturalization, Education, Reporting and
recordkeeping requirements.
8 CFR Part 332a
Citizenship and naturalization, Courts.
8 CFR Part 332b
Citizenship and naturalization, Education.
8 CFR Part 332c
Citizenship and naturalization.
8 CFR Part 332d
Authority delegations (Government agencies), Citizenship and
naturalization.
8 CFR Part 333
Citizenship and naturalization.
8 CFR Part 334
Administrative practice and procedure, Citizenship and
naturalization, Courts, Reporting and recordkeeping requirements.
8 CFR Part 334a
Citizenship and naturalization, Reporting and recordkeeping
requirements.
8 CFR Part 335
Administrative practice and procedure, Authority delegations
(Government agencies), Citizenship and naturalization, Reporting and
recordkeeping requirements.
8 CFR Part 335a
Citizenship and naturalization.
8 CFR Part 335c
Citizenship and naturalization.
8 CFR Part 336
Citizenship and naturalization, Courts, Hearing and appeal
procedures, Reporting and recordkeeping requirements.
8 CFR Part 337
Citizenship and naturalization.
8 CFR Part 338
Citizenship and naturalization, Reporting and recordkeeping
requirements.
8 CFR Part 339
Citizenship and naturalization, Courts, Reporting and recordkeeping
requirements.
8 CFR Part 340
Citizenship and naturalization, Law enforcement.
8 CFR Part 343b
Citizenship and naturalization, Reporting and recordkeeping
requirements.
8 CFR Part 344
Citizenship and naturalization, Courts.
8 CFR Part 499
Citizenship and naturalization, Reporting and Recordkeeping
requirements.
Accordingly, the interim rule published at 56 FR 50475 on October
7, 1991, amdnding 8 CFR parts 103, 299, 310, 312, 313, 315, 316, 316a,
319, 322, 324, 325, 327, 328, 329, 330, 331, 332, 332a, 332b, 332c,
332d, 333, 334, 334a 335, 335a, 335c, 336, 337, 338, 339, 340, 343b,
344, and 499, and the interim rule published at 58 FR 49905 on
September 24, 1993, amending 8 CFR parts 292, 299, 310, 312, 313, 316,
322, 329, 334, 335, 336, 337, 338, 339, 343b, and 499, are adopted as a
final rule with the following changes: [[Page 6651]]
PART 312--EDUCATIONAL REQUIREMENTS FOR NATURALIZATION
1. The authority citation for part 312 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1423, 1443, 1447, 1448.
2. Section 312.3 is amended by:
a. Revising paragraph (a)(1); and by
b. Revising paragraph (a)(3), to read as follows:
Sec. 312.3 Standardized citizenship testing.
(a)(1) An applicant for naturalization may satisfy the reading and
writing requirements of Sec. 312.1 and the knowledge requirements of
Sec. 312.2 by passing, within one (1) year preceding the date on which
he or she files an application for naturalization, or at any time
subsequent to filing an application but prior to a final determination
on the application, a standardized citizenship test given by an entity
authorized by the Service to conduct such a test.
* * * * *
(3) An applicant who passes a standardized citizenship test as
provided in paragraph (a)(1) of this section for naturalization shall
not be reexamined at the Service naturalization interview on his or her
ability to read and write English or on his or her knowledge of the
history and form of government of the United States, unless the
examining officer has reasonable cause to believe, subsequent to
verification of the applicant's test results with the authorized
testing entity, that the applicant's test results were obtained English
may not be the sole reason for finding that the test results were
obtained through fraud or misrepresentation. The Applicant's inability
to speak English may not be the sole reason for finding that the test
results were botained through fraud or misrepresentation. A written
record of the officer's determination shall be made in the record of
the application including the response from the testing entity
concerning the applicant's test.
* * * * *
3. Section 312.4 is revised to read as follows:
Sec. 312.4 Selection of interpreter.
An interpreter to be used under Sec. 312.2 may be selected either
by the applicant or by the Service. However, the Service reserves the
right to disqualify an interpreter provided by the applicant in order
to ensure the integrity of the examination. Where the Service
disqualifies an interpreter, the Service must provide another
interpreter for the applicant in a timely manner. If rescheduling of
the interview is required, then a new date shall be set as soon as
practicable so as not to delay unduly the adjudication of the
application. The officer who disqualifies an interpreter shall make a
written record of the reason(s) for disqualification as part of the
record of the application.
PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION
4. The authority citation for part 316 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1181, 1182, 1443, 1447; 8 CFR 2.1.
5. Section 316.2 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 316.2 Eligibility.
(a) * * *
(3) Has resided continuously within the United States, as defined
under Sec. 316.5, for a period of at least five years after having been
lawfully admitted for permanent residence;
* * * * *
6. Section 316.5 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 316.5 Residence in the United States.
* * * * *
(c) * * *
(2) Claim of nonresident alien status for income tax purposes after
lawful admission as a permanent resident. An applicant who is a
lawfully admitted permanent resident of the United States, but who
voluntarily claims nonresident alien status to qualify for special
exemptions from income tax liability, or fails to file either federal
or state income tax returns because he or she considers himself or
herself to be a nonresident alien, raises a rebuttable presumption that
the applicant has relinquished the privileges of permanent resident
status in the United States.
* * * * *
PART 329--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
NATURALIZATION BASED UPON ACTIVE DUTY SERVICE IN THE UNITED STATES
ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES
7. The authority citation for part 329 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1440, 1443.
8. Section 329.4 is amended by revising paragraph (b) to read as
follows:
Sec. 329.4 Application and evidence.
* * * * *
(b) Evidence. The applicant's eligibility for naturalization under
Sec. 329.2(a), (b), or (c)(2) shall be established only by the
certification of the executive department under which the applicant
served or is serving.
PART 335--EXAMINATION ON APPLICATION FOR NATURALIZATION
9. The authority citation for part 335 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1443, 1447.
10. In Sec. 335.6, a new paragraph (c) is added to read as follows:
Sec. 335.6 Failure to appear for examination.
* * * * *
(c) If the applicant does not request reopening of an
administratively closed application within one year from the date the
application was closed, the Service will consider that application to
have been abandoned, and shall dismiss the application without further
notice to the applicant.
11. Section 335.7 is amended by revising the last sentence to read
as follows:
Sec. 335.7 Failure to prosecute application after initial examination.
* * * In the event that the applicant fails to respond within 30
days of the date of notification, the Service shall adjudicate the
application on the merits pursuant to Sec. 336.1 of this chapter.
PART 337--OATH OF ALLEGIANCE
12. The authority citation for part 337 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1443, 1448.
13. Section 337.3 is amended by revising paragraph (c) to read as
follows:
Sec. 337.3 Expedited administration of oath of allegiance.
* * * * *
(c) All requests for expedited administration of the oath of
allegiance shall be made in writing to either the court or the Service.
Such requests shall contain sufficient information to substantiate the
claim of special circumstances to permit either the court or the
Service to properly exercise the discretionary authority to grant the
relief sought. The court or the Service may seek verification of the
validity of the information provided in the request. If the applicant
submits a written request to the Service but is awaiting an oath
administration ceremony by a court pursuant to Sec. 337.8, the Service
promptly shall provide the court with a copy of the request without
reaching a [[Page 6652]] decision on whether to grant or deny the
request.
PART 339--FUNCTIONS AND DUTIES OF CLERKS OF COURT REGARDING
NATURALIZATION PROCEEDINGS
14. The authority citation for part 339 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1433, 1448.
15. Section 339.2 is amended by adding a new paragraph (e) to read
as follows:
Sec. 339.2 Monthly reports.
* * * * *
(e) Use of reports for accounting purposes. Form N-4 shall be used
by state and federal courts as a monthly billing document, submitted to
the Service for reimbursement in accordance with section 344(f)(1) of
the Act. The Service shall use the information submitted on this form
to calculate costs incurred by courts in performing their
naturalization functions. State and federal courts will be reimbursed
pursuant to terms set forth in annual agreements entered into between
the Service and the Administrative Office of United States Courts.
Dated: January 26, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-2645 Filed 2-2-95; 8:45 am]
BILLING CODE 4410-10-M
