[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Proposed Rules]
[Pages 47690-47692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23033]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 322
[INS No. 1712-95]
RIN 1115-AE07
Children Born Outside the United States; Application for
Certificate of Citizenship
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Proposed rule.
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SUMMARY: The Immigration and Naturalization Service (the Service) is
proposing to amend its regulations relating to the naturalization of
children born to or adopted by United States citizens abroad. This
rulemaking is necessary to incorporate changes to the citizenship
transmission requirements
[[Page 47691]]
under section 322 of the Immigration and Nationality Act.
DATES: Written comments must be submitted on or before November 12,
1996.
ADDRESSES: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions Branch, Immigration and
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC
20536. To ensure proper handling, please reference INS number 1712-95
on your correspondence. Comments are available for public inspection at
the above address by calling (202) 514-3048 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT:
Jane Barker or Pearl B. Chang, Senior Adjudications Officers,
Adjudications Division, Immigration and Naturalization Service, 425 I
Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION: Prior to October 25, 1994, a child born
outside the United States to a United States citizen parent was not
eligible for naturalization unless the child was residing permanently
in the United States pursuant to a lawful admission, and was in the
physical and legal custody of a United States citizen parent, who had
fulfilled the residence and physical presence requirements necessary to
transmit citizenship. As a result, a child could not become a United
States citizen if his or her parents resided abroad or failed to meet
the physical presence requirements.
Congress, through the enactment of the Immigration and Nationality
Technical Corrections Act of 1994 (INTCA), Public Law 103-416, October
25, 1994, section 102, established new criteria for expeditious
naturalization of children born abroad. The revised conditions of
eligibility are as follows:
(1) At least one parent is a citizen of the United States, whether
by birth or naturalization;
(2) The child is physically present in the United States pursuant
to a lawful admission;
(3) The child is under the age of 18 years and in the legal custody
of the citizen parent;
(4) If the citizen parent is an adoptive parent of the child, the
child was adopted by the citizen parent before the child reached the
age of 16 years and the child meets the requirements for being a child
under subparagraph (E) or (F) of section 101(b)(1) of the Act;
(5) If the citizen parent has not been physically present in the
United States or its outlying possessions for a period or periods
totaling not less than five years, at least two of which were after
attaining the age of fourteen years, then:
(A) The child is residing permanently in the United States with the
citizen parent, pursuant to a lawful admission for permanent resident,
or
(B) A citizen parent of the citizen parent has been physically
present in the United States or its outlying possessions for a period
or periods totaling not less than five years, at least two of which
were after attaining the age of fourteen years.
If these requirements are met, then the child is eligible for
expedited naturalization. An eligible child shall be considered a
United States citizen upon approval of the application and
administration of the oath of allegiance, unless the oath is waived in
accordance with section 337(a) of the Act.
On July 7, 1995, and December 22, 1995, the Service issued wires to
all field offices providing instructions for processing applications
under section 322 filed by a United States citizen for a child born
outside the United States. The Service also provided instructions for
issuance of Certificates of Citizenship to children who qualified for
expedited naturalization under this section.
For expedited naturalization, a United States citizen parent, not a
citizen grandparent, must file Form N-600, Application for Certificate
of Citizenship, or, in the case of an adopted child, Form N-643,
Application for Certificate of Citizenship for an Adopted Child. A
separate application is required for each child. The application must
be filed with the required fee, currently $100 for Form N-600 and $80
for Form N-643, as specified in 8 CFR 103.7(b)(1) and accompanied by a
Form N-600/N-643 Supplement A, Physical Presence of Grandparent. The
application should be completed in accordance with the instructions and
accompanied by the initial evidence described on the forms. For
applications based on a United States citizen grandparent's physical
presence in the United States, the grandparent may be living or
deceased when the application is filed.
If the applicant and child reside outside the United States, the
applicant should include a request with the N-600 form noting preferred
interview dates. The applicant should allow sufficient time to enable
the Service office to preliminarily adjudicate the application,
schedule the interview, and send the appointment notice to the foreign
address. A stateside interview will be scheduled and the applicant will
be instructed in the procedures to apply for a visitor's visa, unless
eligible under the Visa Waiver Pilot Program. In keeping with
congressional intent, field offices will make every effort to expedite
the interview process.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, 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. This proposed rule establishes procedures for United
States citizen parents to apply for the expeditious naturalization of
their children born outside the United States. The affected parties are
not small entities, and the impact of the regulation is not an economic
one.
Executive Order 12866
This rule is not considered by the Department of Justice,
Immigration and Naturalization Service, to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
has waived its review process under section 6(a)(3)(A).
Executive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Paperwork Reduction Act
The information collection requirements contained in this rule have
been cleared by the Office of Management and Budget under the
provisions of the Paperwork Reduction Act. Clearance numbers for these
collections are contained in 8 CFR 299.5, Display of Control Numbers.
The information collection requirement (Form N-600/N-643 Supplement A,
Physical Presence of Grandparent) contained in this rule is being
developed by the Immigration and Naturalization Service. In accordance
with the Paperwork Reduction Act, the Service will publish a notice in
the Federal Register notifying the public of the new information
collection (Form NN-600/N-643 Supplement A).
[[Page 47692]]
List of Subjects in 8 CFR Part 322
Citizenship and naturalization, Infants and children, Reporting and
recordkeeping requirements.
Accordingly, part 322 of chapter I of title 8 of the Code of
Federal Regulations is proposed to be amended as follows:
PART 322--CHILD BORN OUTSIDE THE UNITED STATES; APPLICATION FOR
CERTIFICATE OF CITIZENSHIP REQUIREMENTS
1. The title of part 322 is revised as set forth above.
2. The authority citation for part 322 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1433, 1443, 1448.
3. Section 322.2 is amended by removing paragraph (c) and revising
paragraph (a) to read as follows:
Sec. 322.2 Eligibility.
(a) General. To be eligible for naturalization under section 322 of
the Act, a child on whose behalf an application for naturalization has
been filed by a parent who is, at the time of filing, a citizen of the
United States, must:
(1) Comply with the requirements as provided in section 322 of the
Act;
(2) Be readopted in the United States, in the case of an adopted
child, if the foreign adoption was not full and final, or if the
unmarried parent or United States citizen parent and spouse jointly did
not see and observe the child in person prior to or during the foreign
adoption proceedings; readoption requirements may be waived if the
state of the United States citizen parent(s) residence does not allow
readoption and recognizes the foreign adoption as full and final under
that state's adoption laws;
(3) Be a person of good moral character, attached to the principles
of the Constitution of the United States, and favorably disposed toward
the good order and happiness of the United States; a child under the
age of 14 will generally be presumed to satisfy this requirement; and
(4) Comply with all other requirements for naturalization as
provided in the Act and in part 316 of this chapter, including the
disqualifications contained in sections 313, 314, 315, and 318 of the
Act, except:
(i) The child is not required to satisfy the residence requirements
under 8 CFR 316.2(a)(3), (a)(4), (a)(5), or (a)(6); and
(ii) The child is exempt from the literacy and knowledge
requirements under section 312 of the Act.
* * * * *
4. Section 322.3 is revised to read as follows:
Sec. 322.3 Jurisdiction for filing application.
The Forms N-600 and N-643, applications for naturalization under
section 322(a) of the Act, must be filed with the appropriate office of
the Service as provided in the instructions on the application.
5. Section 322.4 is amended by revising paragraphs (a), (b), and
(c) to read as follows:
Sec. 322.4 Application and examination on the application.
(a) An application for naturalization under this section on behalf
of a child shall be submitted on Form N-600 by the citizen parent or,
in the case of an adoptive citizen parent, Form N-643. The application
must be filed with the filing fee required in Sec. 103.7(b)(1), Form N-
600/N-643 Supplement A, Physical Presence of Grandparent, Form FD-258,
Fingerprint Chart (for children over the age of 14), and the initial
evidence required by the instructions on the forms.
(b) An application for naturalization under this section in behalf
of a child should be handled expeditiously by the Service and, in the
case of an application filed from abroad, a stateside interview shall
be scheduled after a preliminary adjudication of the application has
been made.
(c) The child and the citizen parent must both appear at the
stateside interview.
* * * * *
Dated: July 1, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-23033 Filed 9-9-96; 8:45 am]
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