INS Implements Naturalization Technical Correction
Washington, D.C. 20536
Precedence: Priority
Security Classification: Unclassified
Accounting Classification: 2211
Date Presented: 6 Feb 1995
File: HZ 312-C
Name: W.R. Tollifson Phone Number: 514-5014
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The "Immigration and Nationality Technical Corrections Act of 1994" (P.L. 103-416) was enacted on October 25, 1994, significantly changing certain sections of the INA relating to nationality and naturalization.Although most of the changes will take effect on March 1, 1995, when the implementing regulations are also due, certain sections of P.L. 103-416 were effective as of the date of enactment.
Those sections which are currently effective, but which require minimal clarification, are set forth below:
[1] Section 101. Equal treatment of women in conferring citizenship to children born abroad.
This section equalizes treatment of children born before May 24, 1934, outside the limits and jurisdiction of the U.S. to a citizen mother and an alien father. Previously, only citizen fathers could transmit citizenship.
[2] Section 104. Intent to reside permanently in the United States after naturalization.
This section repeals section 340(d) of the Act and requires the removal of the statement from naturalization certificates "intends to reside permanently in the United States." This will be accomplished through a future revision of the certificates.
[3] Section 105. Terminology relating to expatriation.
This Section amends Section 351 of the Act by striking "expatriation," "expatriate himself, or be expatriated." This Section inserts "loss of nationality," "lose United States nationality" and "lost United States nationality" as appropriate.
[4] Section 106. Administrative and judicial determination relating to loss of citizenship.
This Section amends Section 358 of the Act by adding at the end the following sentence: "Approval by the Secretary of State of a certificate under this Section shall constitute a final administrative determination of loss of United States nationality under this Act, subject to such procedures for administrative appeal as the Secretary may prescribe by regulation, and also shall constitute a denial of a right or privilege of United States nationality for purpose of Section 360."
[5] Section 107. Cancellation of United States passports and consular reports of birth.
This section authorizes the Secretary of State to cancel U.S. passports and consular reports of birth when it appears they were obtained illegally, fraudulently or erroneously.
[6] Section 108. Expanding waiver of the government knowledge, United States history, and English language requirements for naturalization.
The portion of this section that is now in effect creates a new 65/20 rule. That is, persons who on the date of filing for naturalization are over 65 years of age and have been living in the U.S. for periods totaling at least 20 years subsequent to a lawful admission for permanent residence. The change exempts them from being tested on U.S. history and government knowledge in the same manner [as] they are now exempt regarding to [sic] the English test. Thus, they are exempt [from] all testing. This change applies to all applications for naturalization pending or filed on or after the date of enactment (10/25/94).
Questions regarding this matter should be addressed to Skip Tollifson, Senior Immigration Examiner, HQADN, 202/514-0597.
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Louis D. Crocetti, Jr.Acting, Associate Commissioner
Examinations