Sec. 405. NATURALIZATION OF NATIVES OF THE PHILIPPINES THROUGH CERTAIN ACTIVE-DUTY SERVICE DURING WORLD WAR II.24
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## SEC. 405 NATURALIZATION OF NATIVES OF THE PHILIPPINES THROUGH CERTAIN ACTIVE-DUTY SERVICE DURING WORLD WAR II.24 24Section 113 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (P.L. 102–395, Oct. 6, 1992, 106 Stat. 1844) provides as follows: Sec. 113.
(a)Waiver.—(1) For purposes of the naturalization of natives of the Philippines under section 405 of the Immigration Act of 1990, notwithstanding any other provision of law—
(A)the processing of applications for naturalization, including necessary interviews, shall be conducted in the Philippines by employees of the Immigration and Naturalization Service designated pursuant to section 335(b) of the Immigration and Nationality Act of 1952, as amended; and
(B)oaths of allegiance shall be taken in the Philippines by employees of the Immigration and Naturalization Service designated pursuant to section 335(b) of the Immigration and Nationality Act of 1952, as amended.
(2)Notwithstanding subsection (a)(1), applications for naturalization including necessary interviews may continue to be processed, and oaths of allegiance may continue to be taken in the United States.
(3)The Attorney General shall prescribe such regulations as may be necessary to carry out this subsection.
(b)Treatment of Oaths of Allegiance.—Records of oaths of allegiance taken in accordance with subsection (a)(1)(B) shall be entered in the permanent records of the Attorney General.
(c)Effective Date.—The provisions of this section shall become effective 120 days from the date of enactment of this Act.
(d)Extension of Application Period.—The provisions of this section shall apply to natives of the Philippines who applied for naturalization under section 405 of the Immigration Act of 1990 and who apply for naturalization within 2 years after the effective date of this section.
(e)Termination Date.—This section shall cease to be effective 3 years after its effective date. ###
(a)Waiver of Certain Requirements ####
(1)Clauses
(1)and
(2)of section 329(a) of the Immigration and Nationality Act (8 U.S.C. 1440(a)) shall not apply to the naturalization of any person— #####
(A)who was born in the Philippines and who was residing in the Philippines before the service described in subparagraph (B); ##### (B)25 who— 25Margin so in law. ######
(i)is listed on the final roster prepared by the Recovered Personnel Division of the United States Army of those who served honorably in an active duty status within the Philippine Army during the World War II occupation and liberation of the Philippines, ######
(ii)is listed on the final roster prepared by the Guerilla Affairs Division of the United States Army of those who received recognition as having served honorably in an active duty status within a recognized guerilla unit during the World War II occupation and liberation of the Philippines, or ######
(iii)served honorably in an active duty status within the Philippine Scouts or within any other component of the United States Armed Forces in the Far East (other than a component described in clause
(i)or (ii)) at any time during the period beginning September 1, 1939, and ending December 31, 1946:26 26Probably should be a semicolon. See amendment made by section 112(b)(1) of Public Law 105–119. #####
(C)who is otherwise eligible for naturalization under section 329 of such Act; and #####
(D)who applies for naturalization during the 2-year period beginning on27 the date of the enactment of this Act. 27Should probably have been a reference to the 2-year period beginning on May 1, 1991; see effective date in §408(f). ####
(2)Subject to subsection (c), in applying section 329 of the Immigration and Nationality Act, service described in paragraph (1)(B) is considered to be honorable service in an active-duty status in the military, air, or naval forces of the United States. ####
(3)#####
(A)For purposes of the second sentence of section 329(a) and section 329(b)(3) of the Immigration and Nationality Act, the executive department under which a person served shall be— ######
(i)in the case of an applicant claiming to have served in the Philippine Army, the United States Department of the Army; ######
(ii)in the case of an applicant claiming to have served in a recognized guerilla unit, the United States Department of the Army; or ######
(iii)in the case of an applicant claiming to have served in the Philippine Scouts or any other component of the United States Armed Forces in the Far East (other than a component described in clause
(i)or (ii)) at any time during the period beginning September 1, 1939, and ending December 31, 1946, the United States executive department (or successor thereto) that exercised supervision over such component. #####
(B)An executive department specified in subparagraph
(A)may not make a determination under the second sentence of section 329(a) with respect to the service or separation from service of a person described in paragraph
(1)except pursuant to a request from the Service. **[**Subsection
(b)was stricken by §104(d) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4308, Oct. 25, 1994).**]** ###
(c)Statutory Construction The enactment of this section shall not be construed as affecting the rights, privileges, or benefits of a person described in subsection (a)(1) under any provision of law (other than the Immigration and Nationality Act) by reason of the service of such person or the service of any other person under the command of the United States Armed Forces. ###
(d)Implementation ####
(1)Notwithstanding any other provision of law, for purposes of the naturalization of natives of the Philippines under this section— #####
(A)the processing of applications for naturalization, filed in accordance with the provisions of this section, including necessary interviews, shall be conducted in the Philippines by employees of the Service designated pursuant to section 335(b) of the Immigration and Nationality Act; and #####
(B)oaths of allegiance for applications for naturalization under this section shall be administered in the Philippines by employees of the Service designated pursuant to section 335(b) of that Act. ####
(2)Notwithstanding paragraph (1), applications for naturalization, including necessary interviews, may continue to be processed, and oaths of allegiance may continue to be taken in the United States.
Connectionstraces to 1
3 references not yet in our index
- 106 Stat. 1844
- Pub. L. 105-119
- 108 Stat. 4308
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Sec. 405
NATURALIZATION OF NATIVES OF THE PHILIPPINES THROUGH CERTAIN ACTIVE-DUTY SERVICE DURING WORLD WAR II.24
Stat.106 Stat. 1844
Pub. L.Pub. L. 105-119
Stat.108 Stat. 4308
Cites 4Cited by 0 across 0 sources