INA: ACT 101 - DEFINITIONS
Sec. 101. [8 U.S.C. 1101] (a) As used in this Act-
(F)(i)3/
an alien having a residence in a foreign country which he has no
intention of abandoning, who is a bona fide student qualified to
pursue a full course of study and who seeks to enter the United
States temporarily and solely for the purpose of pursuing such a
course of study consistent with section 214(l)
at an established college, university, seminary, conservatory,
academic high school, elementary school, or other academic
institution or in a language training program in the United States,
particularly designated by him and approved by the Attorney General
after consultation with the Secretary of Education, which institution
or place of study shall have agreed to report to the Attorney General
the termination of attendance of each nonimmigrant student, and if
any such institution of learning or place of study fails to make
reports promptly the approval shall be withdrawn,
(ii) 3d/ the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien, and
(iii) 3d/ an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the alien's qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico;
INA: ACT 316 - REQUIERMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION, AND FAVORABLE DISPOSITION TO THE UNITED STATES
(a)
No person, except as otherwise provided in this title, shall be
naturalized, unless such applicant, (1) immediately preceding the
date of filing his application for naturalization has resided
continuously, after being lawfully admitted for permanent residence,
within the United States for at least five years and during the five
years immediately preceding the date of filing his application has
been physically present therein for periods totaling at least half of
that time, and who has resided within the State or within the
district of the Service in the United States in which the applicant
filed the application for at least three months, (2) has resided
continuously within the United States from the date of the
application up to the time of admission to citizenship, (3) during
all the periods referred to in this subsection has been and still is
a person of good moral character, attached to the principles of the
Constitution of the United States, and well disposed to the good
order and happiness of the United States.
(b)
Absence from the United States of more than six months but less than
one year during the period for which continuous residence is required
for admission to citizenship, immediately preceding the date of
filing the application for naturalization, or during the period
between the date of filing the application and the date of any
hearing under section 336(a),
shall break the continuity of such residence, unless the applicant
shall establish to the satisfaction of the Attorney General that he
did not in fact abandon his residence in the United States during
such period.
Absence
from the United States for a continuous period of one year or more
during the period for which continuous residence is required for
admission to citizenship (whether preceding or subsequent to the
filing of the application for naturalization) shall break the
continuity of such residence except that in the case of a person who
has been physically present and residing in the United States after
being lawfully admitted for permanent residence for an uninterrupted
period of at least one year and who thereafter, is employed by or
under contract with the Government of the United States or an
American institution of research recognized as such by the Attorney
General, or is employed by an American firm or corporation engaged in
whole or in part in the development of foreign trade and commerce of
the United States, or a subsidiary thereof more than 50 per centum of
whose stock is owned by an American firm or corporation, or is
employed by a public international organization of which the United
States is a member by treaty or statute and by which the alien was
not employed until after being lawfully admitted for permanent
residence, no period of absence from the United States shall break
the continuity of residence if-
(1)
prior to the beginning of such period of employment (whether such
period begins before or after his departure from the United States),
but prior to the expiration of one year of continuous absence from
the United States, the person has established to the satisfaction of
the Attorney General that his absence from the United States for such
period is to be on behalf of such Government, or for the purpose of
carrying on scientific research on behalf of such institution, or to
be engaged in the development of such foreign trade and commerce or
whose residence abroad is necessary to the protection of the property
rights in such countries of such firm or corporation, or to be
employed by a public international organization of which the United
States is a member by treaty or statute and by which the alien was
not employed until after being lawfully admitted for permanent
residence; and
(2)
such person proves to the satisfaction of the Attorney General that
his absence from the United States for such period has been for such
purpose.
The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.
(c)
The granting of the benefits of subsection (b) of this section shall
not relieve the applicant from the requirement of physical presence
within the United States for the period specified in subsection (a)
of this section, except in the case of those persons who are employed
by, or under contract with, the Government of the United States. In
the case of a person employed by or under contract with Central
Intelligence Agency, the requirement in subsection (b) of an
uninterrupted period of at least one year of physical presence in the
United States may be complied with by such person at any time prior
to filing an application for naturalization.
(d)
No finding by the Attorney General that the applicant is not
deportable shall be accepted as conclusive evidence of good moral
character.
(e)
In determining whether the applicant has sustained the burden of
establishing good moral character and the other qualifications for
citizenship specified in subsection (a) of this section, the Attorney
General shall not be limited to the applicant's conduct during the
five years preceding the filing of the application, but may take into
consideration as a basis for such determination the applicant's
conduct and acts at any time prior to that period.
(f)(1)
Whenever the Director of Central Intelligence, the Attorney General
and the Commissioner of Immigration determine that an applicant
otherwise eligible for naturalization has made an extraordinary
contribution to the national security of the United States or to the
conduct of United States intelligence activities, the applicant may
be naturalized without regard to the residence and physical presence
requirements of this section, or to the prohibitions of section 313
of this Act, and no residence within a particular State or district
of the Service in the United States shall be required: Provided, That
the applicant has continuously resided in the United States for at
least one year prior to naturalization: Provided further, That the
provisions of this subsection shall not apply to any alien described
in clauses (i) through (v) of section 208(b)(2)(A)
of this Act.
(2)
An applicant for naturalization under this subsection may be
administered the oath of allegiance under section 337(a)
by any district court of the United States, without regard to the
residence of the applicant. Proceedings under this subsection shall
be conducted in a manner consistent with the protection of
intelligence sources, methods and activities.
(3) The number of aliens naturalized pursuant to this subsection in any fiscal year shall not exceed five. The Director of Central Intelligence shall inform the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives within a reasonable time prior to the filing of each application under the provisions of this subsection.
INA: ACT 332 - PROCEDURAL AND ADMINISTRATIVE PROVISIONS; EXECUTIVE FUNCTIONS
Sec.
332. [8 U.S.C. 1443]
(a)
The Attorney General shall make such rules and regulations as may be
necessary to carry into effect the provisions of this chapter and is
authorized to prescribe the scope and nature of the examination of
applicants for naturalization as to their admissibility to
citizenship. Such examination shall be limited to inquiry concerning
the applicant's residence, physical presence in the United States,
good moral character, understanding of and attachment to the
fundamental principles of the Constitution of the United States,
ability to read, write, and speak English, and other qualifications
to become a naturalized citizen as required by law, and shall be
uniform throughout the United States.
(b)
The Attorney General is authorized to promote instruction and
training in citizenship responsibilities of applicants for
naturalization including the sending of names of candidates for
naturalization to the public schools, preparing and distributing
citizenship textbooks to such candidates as are receiving instruction
in preparation for citizenship within or under the supervision of the
public schools, preparing and distributing monthly an immigration and
naturalization bulletin and securing the aid of and cooperating with
official State and national organizations, including those concerned
with vocational education.
(c)
The Attorney General shall prescribe and furnish such forms as may be
required to give effect to the provisions of this chapter, and only
such forms as may be so provided shall be legal. All certificates of
naturalization and of citizenship shall be printed on safety paper
and shall be consecutively numbered in separate series.
(d)
Employees of the Service may be designated by the Attorney General to
administer oaths and to take depositions without charge in matters
relating to the administration of the naturalization and citizenship
laws. In cases where there is a likelihood of unusual delay or, of
hardship, the Attorney General may, in his discretion, authorize such
depositions to be taken before a postmaster without charge, or before
a notary public or other person authorized to administer oaths for
general purposes.
(e)
A certificate of naturalization or of citizenship issued by the
Attorney General under the authority of this title shall have the
same effect in all courts, tribunals, and public offices of the
United States, at home and abroad, of the District of Columbia, and
of each State, Territory, and outlying possession of the United
States, as a certificate of naturalization or of citizenship issued
by a court having naturalization jurisdiction.
(f)
Certifications and certified copies of all papers, documents,
certificates, and records required or authorized to be issued, used,
filed, recorded, or kept under any and all provisions of this Act
shall be admitted in evidence equally with the originals in any and
all cases and proceedings under this Act and in all cases and
proceedings in which the originals thereof might be admissible as
evidence.
(g)
The officers in charge of property owned or leased by the Government
are authorized, upon the recommendation of the Attorney General, to
provide quarters without payment of rent, in any building occupied by
the Service, for a photographic studio, operated by welfare
organizations without profit and solely for the benefit of persons
seeking to comply with requirements under the immigration and
nationality laws. Such studio shall be under the supervision of the
Attorney General.
(h)
In order to promote the opportunities and responsibilities of United
States citizenship, the Attorney General shall broadly distribute
information concerning the benefits which persons may receive under
this title and the requirements to obtain such benefits. In carrying
out this subsection, the Attorney General shall seek the assistance
of appropriate community groups, private voluntary agencies, and
other relevant organizations. There are authorized to be appropriated
(for each fiscal year beginning with fiscal year 1991) such sums as
may be necessary to carry out this subsection.
INA: ACT 335 - INVESTIGATION OF APPLICANTS; EXAMINATIONS OF APPLICANTS
Sec.
335. [8 U.S.C. 1446]
(a)
Before a person may be naturalized, an employee of the Service, or of
the United States designated by the Attorney General, shall conduct a
personal investigation of the person applying for naturalization in
the vicinity or vicinities in which such person has maintained his
actual place of abode and in the vicinity or vicinities in which such
person has been employed or has engaged in business or work for at
least five years immediately preceding the filing of his application
for naturalization. The Attorney General may, in his discretion,
waive a personal investigation in an individual case or in such cases
or classes of cases as may be designated by him.
(b)
The Attorney General shall designate employees of the Service to
conduct examinations upon applications for naturalization. For such
purposes any such employee so designated is hereby authorized to take
testimony concerning any matter touching or in any way affecting the
admissibility of any applicant for naturalization, to administer
oaths, including the oath of the applicant for naturalization, and to
require by subpoena the attendance and testimony of witnesses,
including applicant, before such employee so designated and the
production of relevant books, papers, and documents, and to that end
may invoke the aid of any district court of the United States; and
any such court may, in the event of neglect or refusal to respond to
a subpoena issued by any such employee so designated or refusal to
testify before such employee so designated issue an order requiring
such person to appear before such employee so designated, produce
relevant books, papers, and documents if demanded, and testify; and
any failure to obey such order of the court may be punished by the
court as a contempt thereof. The record of the examination authorized
by this subsection shall be admissible as evidence in any hearing
conducted by an immigration officer under section 336(a).
Any such employee shall, at the examination, inform the applicant of
the remedies available to the applicant under section 336.
(c)
The record of the examination upon any application for naturalization
may, in the discretion of the Attorney General, be transmitted to the
Attorney General and the determination with respect thereto of the
employee designated to conduct such examination shall when made also
be transmitted to the Attorney General.
(d)
The employee designated to conduct any such examination shall make a
determination as to whether the application should be granted or
denied, with reasons therefor.
(e)
After an application for naturalization has been filed with the
Attorney General, the applicant shall not be permitted to withdraw
his application, except with the consent of the Attorney General. In
cases where the Attorney General does not consent to the withdrawal
of the application, the application shall be determined on its merits
and a final order determination made accordingly. In cases where the
applicant fails to prosecute his application, the application shall
be decided on the merits unless the Attorney General dismisses it for
lack of prosecution.
(f)
An applicant for naturalization who moves from the district of the
Service in the United States in which the application is pending may,
at any time thereafter, request the Service to transfer the
application to any district of the Service in the United States which
may act on the application. The transfer shall not be made without
the consent of the Attorney General. In the case of such a transfer,
the proceedings on the application shall continue as though the
application had originally been filed in the district of the Service
to which the application is transferred.
INA: ACT 336 - HEARINGS ON DENIALS OF APPLICATIONS FOR NATURALIZATION
Sec.
336. [8 U.S.C. 1447]
(a)
If, after an examination under section 335,
an application for naturalization is denied, the applicant may
request a hearing before an immigration officer.
(b)
If there is a failure to make a determination under section 335
before the end of the 120-day period after the date on which the
examination is conducted under such section, the applicant may apply
to the United States district court for the district in which the
applicant resides for a hearing on the matter. Such court has
jurisdiction over the matter and may either determine the matter or
remand the matter, with appropriate instructions, to the Service to
determine the matter.
(c)
The Attorney General shall have the right to appear before any
immigration officer in any naturalization proceedings for the purpose
of cross-examining the applicant and the witnesses produced in
support of the application concerning any matter touching or in any
way affecting the applicant's right to admission to citizenship, and
shall have the right to call witnesses, including the applicant,
produce evidence, and be heard in opposition to, or in favor of, the
granting of any application in naturalization proceedings.
(d)
The immigration officer shall, if the applicant requests it at the
time of filing the request for the hearing, issue a subpoena for the
witnesses named by such applicant to appear upon the day set for the
hearing, but in case such witnesses cannot be produced upon the
hearing other witnesses may be summoned upon notice to the Attorney
General, in such manner and at such time as the Attorney General may
by regulation prescribe. Such subpoenas may be enforced in the same
manner as subpoenas under section 335(b)
may be enforced.
(e)
It shall be lawful at the time and as a part of the administration by
a court of the oath of allegiance under section 337(a)
for the court, in its discretion, upon the bona fide prayer of the
applicant included in an appropriate petition to the court, to make a
decree changing the name of said person, and the certificate of
naturalization shall be issued in accordance therewith.
8CFR 337.2 (c)
§ 337.2 Oath administered by the Immigration and Naturalization Service or an Immigration Judge. (Section revised 7/24/95; 60 FR 37803)
(a) Public ceremony. An applicant for naturalization who has elected to have his or her oath of allegiance administered by the Service or an Immigration Judge and is not subject to the exclusive oath administration authority of an eligible court pursuant to section 310(b) of the Act shall appear in person in a public ceremony, unless such appearance is specifically excused under the terms and conditions set forth in this part. Such ceremony shall be held at a time and place designated by the Service or the Executive Office for Immigration Review within the United States and within the jurisdiction where the application for naturalization was filed, or into which the application for naturalization was transferred pursuant to § 335.9 of this chapter. Such ceremonies shall be conducted at regular intervals as frequently as necessary to ensure timely naturalization, but in all events at least once monthly where it is required to minimize unreasonable delays. Such ceremonies shall be presented in such a manner as to preserve the dignity and significance of the occasion. District directors shall ensure that ceremonies conducted by the Service in their districts, inclusive of those held by suboffice managers, are in keeping with the Model Plan for Naturalization Ceremonies. Organizations traditionally involved in activities surrounding the ceremony should be encouraged to participate in Service-administered ceremonies by local arrangement.
(b) Authority to administer oath of allegiance. The authority of the Attorney General to administer the oath of allegiance shall be delegated to Immigration Judges and to the following officers of the Service: The Commissioner; district directors; deputy district directors; officers-in-charge; assistant officers-in-charge; or persons acting in behalf of such officers due to their absence or because their positions are vacant. In exceptional cases where the district director or officer-in-charge determines that it is appropriate for employees of a different rank to conduct ceremonies, the district director or officer-in-charge may make a request through the Commissioner to the Assistant Commissioner, Adjudications, for permission to delegate such authority. The request shall furnish the reasons for seeking exemption from the requirements of this paragraph. The Commissioner may delegate such authority to such other officers of the Service or the Department of Justice as he or she may deem appropriate.
(c) Execution of questionnaire. Immediately prior to being administered the oath of allegiance, each applicant shall complete the questionnaire on Form N-445. Each completed Form N-445 shall be reviewed by an officer of the Service who may question the applicant regarding the information thereon. If derogatory information is revealed, the applicant's name shall be removed from the list of eligible persons as provided in § 335.5 of this chapter and he or she shall not be administered the oath.
File Type | application/msword |
File Title | INA: ACT 101 - DEFINITIONS |
Author | DHS |
Last Modified By | Evadne Hagigal |
File Modified | 2009-10-14 |
File Created | 2009-10-14 |