[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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