Sec. 110. Citizenship and immigration laws after Puerto Rican independence
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After the effective date of independence, the citizenship status of each individual born in Puerto Rico shall be determined in accordance with the Constitution and laws of the nation of Puerto Rico. Except as described in this section, after the effective date of independence citizens of Puerto Rico seeking to enter into the United States or obtain citizenship in the United States shall be subject to the immigration laws of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )).
Nothing in this Act precludes or limits the applicability of section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ), except that the provision of citizenship by the laws of Puerto Rico shall not constitute or otherwise serve as the basis of loss, or relinquishment of United States citizenship under such section. An individual born in Puerto Rico after the effective date of independence to at least one parent who became a United States citizen under section 302 of the Immigration and Nationality Act ( 8 U.S.C. 1402 ) is not a United States citizen at birth under subsections (c), (d), or
(g)of section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401(c) ,
(d)or (g)). Any person in the following categories may enter, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5)(A) and
(7)of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ; (5)(A) and (7))— a person who acquires the citizenship of Puerto Rico, at birth, on or after the effective date of independence; or a naturalized citizen of Puerto Rico, who has been an actual resident there for not less than five years after attaining such naturalization and who holds a proof of such residence. Such persons shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscriminatory limitations provided for— in statutes or regulations of the United States; or in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. This subsection shall expire 25 years after the date of independence. Section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) is amended by striking Puerto Rico, in subsection
(a)paragraph
(36)and in subsection
(a)paragraph (38). Puerto Rico shall be considered to be in the United States, as such term is defined in section 101(a)(38) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(38) ) prior to the effective date of independence. Nothing in this section shall limit the power and authority of the United States to change policy requirements for United States citizenship.
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Sec. 110
Citizenship and immigration laws after Puerto Rican independence
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