[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
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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.

-----------------------------------------------------------------------

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]
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