Children Born Outside the United States; Application for Certificate of Citizenship

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 322

[INS No. 1712-95]

RIN 1115-AE07

Children Born Outside the United States; Application for

Certificate of Citizenship

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Proposed rule.

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SUMMARY: The Immigration and Naturalization Service (the Service) is

proposing to amend its regulations relating to the naturalization of

children born to or adopted by United States citizens abroad. This

rulemaking is necessary to incorporate changes to the citizenship

transmission requirements

[[Page 47691]]

under section 322 of the Immigration and Nationality Act.

DATES: Written comments must be submitted on or before November 12,

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 1712-95

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 Barker or Pearl B. Chang, Senior Adjudications Officers,

Adjudications Division, Immigration and Naturalization Service, 425 I

Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION: Prior to October 25, 1994, a child born

outside the United States to a United States citizen parent was not

eligible for naturalization unless the child was residing permanently

in the United States pursuant to a lawful admission, and was in the

physical and legal custody of a United States citizen parent, who had

fulfilled the residence and physical presence requirements necessary to

transmit citizenship. As a result, a child could not become a United

States citizen if his or her parents resided abroad or failed to meet

the physical presence requirements.

Congress, through the enactment of the Immigration and Nationality

Technical Corrections Act of 1994 (INTCA), Public Law 103-416, October

25, 1994, section 102, established new criteria for expeditious

naturalization of children born abroad. The revised conditions of

eligibility are as follows:

(1) At least one parent is a citizen of the United States, whether

by birth or naturalization;

(2) The child is physically present in the United States pursuant

to a lawful admission;

(3) The child is under the age of 18 years and in the legal custody

of the citizen parent;

(4) If the citizen parent is an adoptive parent of the child, the

child was adopted by the citizen parent before the child reached the

age of 16 years and the child meets the requirements for being a child

under subparagraph (E) or (F) of section 101(b)(1) of the Act;

(5) If the citizen parent has not been physically present in the

United States or its outlying possessions for a period or periods

totaling not less than five years, at least two of which were after

attaining the age of fourteen years, then:

(A) The child is residing permanently in the United States with the

citizen parent, pursuant to a lawful admission for permanent resident,

or

(B) A citizen parent of the citizen parent has been physically

present in the United States or its outlying possessions for a period

or periods totaling not less than five years, at least two of which

were after attaining the age of fourteen years.

If these requirements are met, then the child is eligible for

expedited naturalization. An eligible child shall be considered a

United States citizen upon approval of the application and

administration of the oath of allegiance, unless the oath is waived in

accordance with section 337(a) of the Act.

On July 7, 1995, and December 22, 1995, the Service issued wires to

all field offices providing instructions for processing applications

under section 322 filed by a United States citizen for a child born

outside the United States. The Service also provided instructions for

issuance of Certificates of Citizenship to children who qualified for

expedited naturalization under this section.

For expedited naturalization, a United States citizen parent, not a

citizen grandparent, must file Form N-600, Application for Certificate

of Citizenship, or, in the case of an adopted child, Form N-643,

Application for Certificate of Citizenship for an Adopted Child. A

separate application is required for each child. The application must

be filed with the required fee, currently $100 for Form N-600 and $80

for Form N-643, as specified in 8 CFR 103.7(b)(1) and accompanied by a

Form N-600/N-643 Supplement A, Physical Presence of Grandparent. The

application should be completed in accordance with the instructions and

accompanied by the initial evidence described on the forms. For

applications based on a United States citizen grandparent's physical

presence in the United States, the grandparent may be living or

deceased when the application is filed.

If the applicant and child reside outside the United States, the

applicant should include a request with the N-600 form noting preferred

interview dates. The applicant should allow sufficient time to enable

the Service office to preliminarily adjudicate the application,

schedule the interview, and send the appointment notice to the foreign

address. A stateside interview will be scheduled and the applicant will

be instructed in the procedures to apply for a visitor's visa, unless

eligible under the Visa Waiver Pilot Program. In keeping with

congressional intent, field offices will make every effort to expedite

the interview process.

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 impact on a substantial number of

small entities. This proposed rule establishes procedures for United

States citizen parents to apply for the expeditious naturalization of

their children born outside the United States. The affected parties are

not small entities, and the impact 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. Clearance numbers for these

collections are contained in 8 CFR 299.5, Display of Control Numbers.

The information collection requirement (Form N-600/N-643 Supplement A,

Physical Presence of Grandparent) contained in this rule is being

developed by the Immigration and Naturalization Service. In accordance

with the Paperwork Reduction Act, the Service will publish a notice in

the Federal Register notifying the public of the new information

collection (Form NN-600/N-643 Supplement A).

[[Page 47692]]

List of Subjects in 8 CFR Part 322

Citizenship and naturalization, Infants and children, Reporting and

recordkeeping requirements.

Accordingly, part 322 of chapter I of title 8 of the Code of

Federal Regulations is proposed to be amended as follows:

PART 322--CHILD BORN OUTSIDE THE UNITED STATES; APPLICATION FOR

CERTIFICATE OF CITIZENSHIP REQUIREMENTS

1. The title of part 322 is revised as set forth above.

2. The authority citation for part 322 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1433, 1443, 1448.

3. Section 322.2 is amended by removing paragraph (c) and revising

paragraph (a) to read as follows:

Sec. 322.2 Eligibility.

(a) General. To be eligible for naturalization under section 322 of

the Act, a child on whose behalf an application for naturalization has

been filed by a parent who is, at the time of filing, a citizen of the

United States, must:

(1) Comply with the requirements as provided in section 322 of the

Act;

(2) Be readopted in the United States, in the case of an adopted

child, if the foreign adoption was not full and final, or if the

unmarried parent or United States citizen parent and spouse jointly did

not see and observe the child in person prior to or during the foreign

adoption proceedings; readoption requirements may be waived if the

state of the United States citizen parent(s) residence does not allow

readoption and recognizes the foreign adoption as full and final under

that state's adoption laws;

(3) Be a person of good moral character, attached to the principles

of the Constitution of the United States, and favorably disposed toward

the good order and happiness of the United States; a child under the

age of 14 will generally be presumed to satisfy this requirement; and

(4) Comply with all other requirements for naturalization as

provided in the Act and in part 316 of this chapter, including the

disqualifications contained in sections 313, 314, 315, and 318 of the

Act, except:

(i) The child is not required to satisfy the residence requirements

under 8 CFR 316.2(a)(3), (a)(4), (a)(5), or (a)(6); and

(ii) The child is exempt from the literacy and knowledge

requirements under section 312 of the Act.

* * * * *

4. Section 322.3 is revised to read as follows:

Sec. 322.3 Jurisdiction for filing application.

The Forms N-600 and N-643, applications for naturalization under

section 322(a) of the Act, must be filed with the appropriate office of

the Service as provided in the instructions on the application.

5. Section 322.4 is amended by revising paragraphs (a), (b), and

(c) to read as follows:

Sec. 322.4 Application and examination on the application.

(a) An application for naturalization under this section on behalf

of a child shall be submitted on Form N-600 by the citizen parent or,

in the case of an adoptive citizen parent, Form N-643. The application

must be filed with the filing fee required in Sec. 103.7(b)(1), Form N-

600/N-643 Supplement A, Physical Presence of Grandparent, Form FD-258,

Fingerprint Chart (for children over the age of 14), and the initial

evidence required by the instructions on the forms.

(b) An application for naturalization under this section in behalf

of a child should be handled expeditiously by the Service and, in the

case of an application filed from abroad, a stateside interview shall

be scheduled after a preliminary adjudication of the application has

been made.

(c) The child and the citizen parent must both appear at the

stateside interview.

* * * * *

Dated: July 1, 1996.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 96-23033 Filed 9-9-96; 8:45 am]

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