[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35111-35112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17157]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 301

[INS No. 1736-95]
RIN 1115-AE19


Acquisition of Citizenship; Equal Treatment of Women in 
Conferring Citizenship on Children Born Abroad

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends the Immigration and Naturalization 
Service (Service) regulations by establishing procedures for certain 
United States citizen women to confer citizenship on their children 
born outside of the United States before noon (Eastern Standard Time) 
May 24, 1934. The purpose of this rule is to ensure that all women 
receive equal treatment under laws relating to nationality. 
Implementation of the rule would allow for the issuance of certificates 
of citizenship to certain foreign-born children previously ineligible 
to acquire citizenship from their United States citizen mothers.

DATES: This interim rule is effective July 5, 1996. Written comments 
must be submitted on or before September 3, 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 1736-95 
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 B. Barker, Adjudications Officer, Adjudications Branch, 
Immigration and Naturalization Service, 425 I Street, NW., Room 3214, 
Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Background

    Prior to the enactment of the Immigration and Nationality Technical 
Corrections Act of 1994 (INTCA), Public Law 103-416, dated October 25, 
1994, a child born abroad before noon (Eastern Standard Time (EST) May 
24, 1934, to an alien father and United States citizen mother could not 
acquire United States citizenship through his or her mother. If, 
however, the mother was the alien and the father was the United States 
citizen, the child could become a citizen through his or her father, 
pursuant to Section 1993 of Revised Statutes, February 10, 1855, 10 
Stat. 604.
    On May 24, 1934, Congress amended Section 1993 of the Revised 
Statutes so that children born abroad to parents, only one of whom was 
a United States citizen, would become citizens regardless of whether 
the citizen was the father or the mother. The 1934 amendment, however, 
was not retroactive. Subsection 101(a)(2) of INTCA amended the 
Immigration and Nationality Act (the Act) by adding a new subsection 
301(h) to provide for the acquisition of United States citizenship from 
either parent for persons born abroad before noon (EST) May 24, 1934, 
to parents, only one of whom is a United States citizen.

Section 301(h)

    Under section 301(h) of the Act, a person born abroad before noon 
(EST) May 24, 1934, to a United States citizen mother and an alien 
father, may now acquire United States citizenship if his or her mother 
resided in the United States prior to the person's birth. A person who 
qualifies for United States citizenship under section 301(h) of the Act 
shall not be subject to any provisions of law that provided for loss of 
citizenship or nationality (including section 301(b) of the Act (as in 
effect before October 10, 1978) and the provisos of section 201(g) of 
the Nationality Act of 1940) if the person failed to come to, reside, 
or be physically present in the United States.
    For purposes of transmission of citizenship, section 301(h) shall 
have no effect on the residence and retention requirements for those 
persons born abroad to a citizen parent and an alien parent between May 
24, 1934, and October 10, 1978. Section 301(h) also shall have no 
effect on the validity of the citizenship of anyone who obtained United 
States citizenship under section 1993 of the Revised Statutes (as in 
effect before the enactment of the Act of May 24, 1934, 49 Stat. 797). 
Further, section 301(h) shall not confer citizenship on, nor have any 
effect on, the validity of any denaturalization, deportation, or 
exclusion action against any person who is or was excludable from the 
United States for participation in Nazi persecution or genocide, or who 
was excluded from, or who would not have been eligible for admission to 
the United States under the Displaced Persons Act of 1948 or under 
section 14 of the Refugee Relief Act of 1953.

Procedures for Acquiring United States Citizenship Under Section 
301(h)

    A person who is eligible for benefits under section 301(h) may make 
his or her citizenship claim in the United States with the Attorney 
General or abroad with the Secretary of State. A person who currently 
resides in the United States may file Form N-600, Application for 
Certificate of Citizenship, accompanied by the fee specified in 8 CFR 
103.7(b)(1), with the Service office having jurisdiction over the 
applicant's place of residence, or with such other Service office as 
the Commissioner may designate. The application shall be supported by

[[Page 35112]]

documentary and other evidence essential to establish the claimed 
citizenship, such as birth, adoption, marriage, death, and divorce 
certificates. Applicants will be notified, in writing, of the date and 
time to appear for an interview. If an applicant fails to appear for a 
required interview without good cause, the application will not be 
approved and may be denied. Upon completion of the interview, if all 
requirements are met, the applicant will be required to take the oath 
of allegiance, as prescribed under 8 CFR part 337, and will be issued a 
certificate of citizenship.
    A person who currently resides abroad and is eligible for 
citizenship under section 301(h) may proceed to a United States embassy 
or consulate for an interview under oath concerning his or her claim of 
citizenship, in accordance with such regulations as may be prescribed 
by the Secretary of State.
    The Service's implementation of this rule as an interim rule, with 
provisions for post-promulgation public comment, is based upon the 
``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and (d)(3). The 
reason for immediate implementation of this interim rule is as follows: 
This rule provides a benefit to the public by ensuring that all women 
receive equal treatment under laws relating to nationality.

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 effect on a substantial number of 
small entities because of the following factors. This interim rule 
establishes procedures for certain United States citizen women to 
confer citizenship on their children born outside of the United States 
before May 24, 1934. The affected parties are not small entities, and 
the effect 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. The clearance number for 
this collection is contained in 8 CFR part 299.5, Display of Control 
Numbers.

List of Subjects in 8 CFR Part 301

    Citizenship and naturalization, Reporting and recordkeeping 
requirements.

    Accordingly, chapter I of title 8 of the Code of Federal 
Regulations is amended by adding a new part 301 to subchapter C to read 
as follows:

PART 301--NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec.
301.0  Procedures.

    Authority: 8 U.S.C. 1103, 1401; 8 CFR part 2.


Sec. 301.1  Procedures.

    (a) Application. (1) A person residing in the United States who 
desires to become a United States citizen pursuant to section 301(h) of 
the Act shall submit an application on Form N-600, Application for 
Certificate of Citizenship, as provided in 8 CFR part 341. Such 
application shall be filed with the Service office having jurisdiction 
over the applicant's place of residence, or with such other Service 
office as the Commissioner may designate. It must be accompanied by the 
fee specified in 8 CFR 103.7(b)(1). The application also must be 
accompanied by supporting documentary and other evidence essential to 
establish the claimed citizenship, such as birth, adoption, marriage, 
death, and divorce certificates. The applicant will be notified in 
writing when and where to appear before a Service officer for 
examination on his or her application.
    (2) A person residing outside of the United States who desires to 
become a United States citizen under subsection 301(H) of the Act shall 
make his or her claim at a United States embassy or consulate, in 
accordance with such regulations as may be prescribed by the Secretary 
of State. (b) Oath of allegiance; issuance of certificate (1) Upon 
determination by the district director that a person is eligible for 
United States citizenship pursuant to section 301(h) of the Act, the 
person shall take the oath of allegiance, prescribed in 8 CFR part 337, 
before an officer of the Service designated to administer the oath of 
allegiance within the United States, and a certificate of citizenship 
shall be issued. The person shall be considered a United States citizen 
as of the date of his or her birth.
    (2) A person residing outside of the United States who is eligible 
for United States citizenship under section 301(h) of the Act shall 
take the oath of allegiance abroad before any diplomatic or consular 
officer of the United States, in accordance with such regulations as 
may be prescribed by the Secretary of State. The person shall be 
considered a United States citizen as of the date of his or her birth.

    Dated: May 23, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-17157 Filed 7-3-96; 8:45 am]
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