Administrative Naturalization

[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

Federal Register

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having general applicability and legal effect, most of which are keyed

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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.

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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]

BILLING CODE 4410-10-M