Sec. 407. CONFORMING AMENDMENTS

3,376 words·~15 min read·/statute-compilations/comps-1374/sec-407

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 407 CONFORMING AMENDMENTS ###

(a)Conforming Amendments to Section 310 Revision ####

(1)**[**Table of contents amendment omitted.**]** ####

(2)Section 101(a)(36) (8 U.S.C. 1101(a)(36)) is amended by striking “(except as used in section 310(a) of title III)”. ###

(b)Conforming Amendments to Change in Residence Requirement ####

(1)Section 319 (8 U.S.C. 1430) is amended— #####

(A)in subsection (a), by striking “has resided within the State in which he filed his petition for at least six months” and inserting “has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months”, #####

(B)in subsections

(b)and (d), by striking “within the jurisdiction of the naturalization court” and inserting “within a State or a district of the Service in the United States”, and #####

(C)in subsection (c), is amended by striking “within the jurisdiction of the court” and inserting “district of the Service in the United States”. ####

(2)Section 322(c) (8 U.S.C. 1433(c)) is amended by striking “within the jurisdiction of the naturalization court” and inserting “within a State or a district of the Service in the United States”. ####

(3)Section 324(a)(1) (8 U.S.C. 1435(a)(1)) is amended by inserting “or district of the Service in the United States” after “State”. ####

(4)Section 328 (8 U.S.C. 1439) is amended— #####

(A)in subsection (a)— ######

(i)by inserting “or district of the Service in the United States” after “State”, and ######

(ii)by striking “for at least six months” and inserting “for at least three months”; #####

(B)in subsection (b)(1), by striking “within the jurisdiction of the court” and inserting “within a State or district of the Service in the United States”; and #####

(C)in subsection (c), by inserting “or district of the Service in the United States” after “State”. ####

(5)Section 329(b) (8 U.S.C. 1440(b)) is amended— #####

(A)in paragraph (2)— ######

(i)by inserting “or district of the Service in the United States” after “State”, and ######

(ii)by inserting “and” at the end of paragraph (2); #####

(B)by striking paragraph (3); and #####

(C)by redesignating paragraph

(4)as paragraph (3). ###

(c)Substitution of Application for Naturalization for Petition for Naturalization The text of the following provisions is amended by striking “a petition”, “petition”, “petitions”, “a petitioner”, “petitioner”, “petitioner's”, “petitioning”, and “petitioned” each place it appears and inserting “an application”, “application”, “applications” or “applies” (as the case may be), “an applicant”, “applicant”, “applicant's”, “applying”, and “applied”, respectively: ####

(1)Section 313(c) (8 U.S.C. 1424(c)). ####

(2)Section 316 (8 U.S.C. 1427). ####

(3)Section 317 (8 U.S.C. 1428). ####

(4)Section 318 (8 U.S.C. 1429). ####

(5)Sections 319

(a)and

(c)(8 U.S.C. 1430 (a), (c)). ####

(6)Section 322 (8 U.S.C. 1433). ####

(7)Section 324 (8 U.S.C. 324). ####

(8)Section 325 (8 U.S.C. 1436). ####

(9)Section 326 (8 U.S.C. 1437). ####

(10)Section 328 (8 U.S.C. 1439). ####

(11)Section 329 (8 U.S.C. 1440). ####

(12)Section 330 (8 U.S.C. 1441). ####

(13)Section 331 (8 U.S.C. 1442), other than subsection (d). ####

(14)Section 333(a) (8 U.S.C. 1444(a)). ####

(15)Section 334 (8 U.S.C. 1445). ####

(16)Section 335 (8 U.S.C. 1446). ####

(17)Section 336 (8 U.S.C. 1447). ####

(18)Section 337 (8 U.S.C. 1448). ####

(19)Section 338 (8 U.S.C. 1449). ####

(20)Section 344 (8 U.S.C. 1455). ####

(21)Section 1429 of title 18, United States Code. ###

(d)Substituting Appropriate Administrative Authority for Naturalization Court #### (1)28 Section 316 (8 U.S.C. 1427) is amended— 28Note that additional technical amendments were made by §305(m) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1750), effective as if included in section 407(d) of the Immigration Act of 1990. #####

(A)in subsection (b), by striking “the court” each place it appears and inserting “the Attorney General”, #####

(B)in subsection (b), by striking “date of final hearing” and inserting “date of any hearing under section 336(a)”, #####

(C)in subsection (e), by striking “the court” and inserting “the Attorney General”, #####

(D)in subsection (g)(1), by striking “within the jurisdiction of the court” and inserting “within a particular State or district of the Service in the United States”, and #####

(E)in subsection (g)(2), by amending the first sentence to read as follows: “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.”. ####

(2)The second sentence of section 317 (8 U.S.C. 1428) is amended by striking “and the naturalization court”. ####

(3)The third sentence of section 318 (8 U.S.C. 1429) is amended— #####

(A)by striking “finally heard by a naturalization court” and inserting “considered by the Attorney General”, and #####

(B)by striking “upon the naturalization court” and inserting “upon the Attorney General” . ####

(4)Section 319 (8 U.S.C. 1430) is amended— #####

(A)in subsection (b)(3), by striking “before the naturalization court” and inserting “before the Attorney General”, and #####

(B)in subsection (c)(5), by striking “naturalization court” and inserting “Attorney General”. ####

(5)Section 322(c)(2)(C) (8 U.S.C. 1433(c)(2)(C)) is amended by striking “naturalization court” the first place it appears and inserting “Attorney General”. ####

(6)Section 324 (8 U.S.C. 1435) is amended— #####

(A)in subsection (a)— ######

(i)by inserting “and” at the end of paragraph (1), ######

(ii)by striking the semicolon at the end of paragraph

(2)and inserting a period, and ######

(iii)by striking paragraphs

(3)and (4); #####

(B)in subsection (b), by striking “naturalization court” and inserting “Attorney General”; and #####

(C)in subsection (c)— ######

(i)in paragraph (2), by striking “the judge or clerk of a naturalization court” and inserting “the Attorney General or the judge or clerk of a court described in section 310(b)”, and ######

(ii)in paragraph (3), by striking “or naturalization court” each place it appears and inserting “court, or the Attorney General”. ####

(7)Section 327(a) (8 U.S.C. 1438(a)) is amended— #####

(A)by striking “any naturalization court specified in section 310(a) of this title” and inserting “the Attorney General or before a court described in section 310(b)”; and #####

(B)by inserting “and by the Attorney General to the Secretary of State” after “Department of Justice”. ####

(8)Subsections (b)(3) and

(c)of section 328 (8 U.S.C. 1439) are amended by striking “the final hearing” and inserting “any hearing”. ####

(9)Section 331(b) (8 U.S.C. 1442(b)) is amended by striking “called for a hearing” and all that follows through “to be continued” and inserting “considered or heard except after 90 days' notice to the Attorney General to be considered at the examination or hearing, and the Attorney General's objection to such consideration shall cause the application to be continued”. ####

(10)Section 332(a) (8 U.S.C. 1443(a)) is amended— #####

(A)by striking “for the purpose” and all that follows through “naturalization courts” in the first sentence, and #####

(B)by striking the second sentence. ####

(11)Section 333(a) (8 U.S.C. 1444(a)) is amended by striking “clerk of the court” and inserting “Attorney General”. ####

(12)Section 334 (8 U.S.C. 1445) is amended— #####

(A)by amending the heading to read as follows:" application for naturalization; declaration of intention ”"; #####

(B)in subsection (a)— ######

(i)by striking “in the office of the clerk of a naturalization court” and inserting “with the Attorney General”, and ######

(ii)by striking “upon the hearing of such petition” and inserting “under this title”; #####

(C)in subsection (b)— ######

(i)by striking “(1)”, ######

(ii)by striking “and (2)” and all that follows through “Attorney General”, and ######

(iii)by striking “petition for”; #####

(D)by striking the first sentence of subsection

(f)and inserting the following: “An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General.”; #####

(E)by redesignating subsection

(f)as subsection (g); and #####

(F)by striking subsections

(c)through

(e)and inserting the following: > > ### “(c) > > Hearings under section 336(a) on applications for naturalization shall be held at regular intervals specified by the Attorney General. > > > ### “(d) > > Except as provided in subsection (e), an application for naturalization shall be filed in the office of the Attorney General. > > > ### “(e) > > A person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the person has an illness or other disability which— > > > #### “(1) > > is of a permanent nature and is sufficiently serious to prevent the person's personal appearance, or > > > #### “(2) > > is of a nature which so incapacitates the person as to prevent him from personally appearing.” > . ####

(13)Section 335 (8 U.S.C. 1146) is amended— #####

(A)by amending the heading to read as follows:" investigation of applicants; examination of applications ”"; #####

(B)in subsection (a), by striking “At any time” and all that follows through “336(a)” and inserting “Before a person may be naturalized”; #####

(C)in subsection (b)— ######

(i)by striking “preliminary” each place it appears, ######

(ii)in the first sentence, by striking “to any naturalization court” and all that follows through “to such court”, ######

(iii)by striking “any court exercising naturalization jurisdiction as specified in section 310 of this title” in the second sentence and inserting “any District Court of the United States”, and ######

(iv)by striking “final hearing conducted by a naturalization court designated in section 310 of this title” in the third sentence and inserting “hearing conducted by an immigration officer under section 336(a)”; #####

(D)in subsection (c)— ######

(i)by striking “preliminary” each place it appears, and ######

(ii)by striking “recommendation” and inserting “determination”; and #####

(E)by amending subsections

(d)through

(f)to read as follows: > > ### “(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.” > . ####

(14)Section 336 (8 U.S.C. 1447) is amended— #####

(A)by amending the heading to read as follows:" hearings on denials of applications for naturalization ”"; #####

(B)by amending subsections

(a)and

(b)to read as follows: > > ### “(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)in subsection (c), by striking “court” and inserting “immigration officer”; #####

(D)in subsection (d)— ######

(i)by striking “clerk of court” and all that follows through “naturalization” and inserting “immigration officer shall, if the applicant requests it at the time of filing the request for the hearing”, ######

(ii)by striking “final” each place it appears, and ######

(iii)by adding at the end the following: “Such subpenas may be enforced in the same manner as subpenas under section 335(b) may be enforced.”; and #####

(E)in subsection (e)— ######

(i)by striking “naturalization of any person,” and inserting “administration by a court of the oath of allegiance under section 337(a)”, and ######

(ii)by striking “included in the petition for naturalization of such person” and inserting “included in an appropriate petition to the court”. ####

(15)Section 337 (8 U.S.C. 1448) is amended— #####

(A)in subsection (a)— ######

(i)in the first sentence, by striking “in open court” and inserting “in a public ceremony before the Attorney General or a court with jurisdiction under section 310(b)”, ######

(ii)in the second and fourth sentences, by striking “naturalization court” each place it appears and inserting “Attorney General”, and ######

(iii)in the fourth sentence, by striking “the court” and inserting “the Attorney General”; #####

(B)in subsection (b)— ######

(i)by striking “in open court in the court in which the petition for naturalization is made” and inserting “in the same public ceremony in which the oath of allegiance is administered”, and ######

(ii)by striking “in the court”; #####

(C)in subsection (c)— ######

(i)by striking “being in open court” and inserting “attending a public ceremony”, and ######

(ii)by striking “a judge of the court at such place as may be designated by the court” and inserting “at such place as the Attorney General may designate under section 334(e)”; and #####

(D)by adding at the end the following new subsection: > > ### “(d) > > The Attorney General shall prescribe rules and procedures to ensure that the ceremonies conducted by the Attorney General for the administration of oaths of allegiance under this section are public, conducted frequently and at regular intervals, and are in keeping with the dignity of the occasion.” > . ####

(16)Section 338 (8 U.S.C. 1449) is amended— #####

(A)by striking “by a naturalization court”, #####

(B)by striking “the clerk of such court” and inserting “the Attorney General”, #####

(C)by striking “title, venue, and location of the naturalization court” and inserting “location of the District office of the Service in which the application was filed and the title, authority, and location of the official or court administering the oath of allegiance”, #####

(D)by striking “the court” and inserting “the Attorney General”, and #####

(E)by striking “of the clerk of the naturalization court; and seal of the court” and inserting “of an immigration officer; and the seal of the Department of Justice”. ####

(17)Section 339 (8 U.S.C. 1450) is amended to read as follows: > > ## Sec. 339 “functions and duties of clerks and records of declarations of intention and applications for naturalization > > > ###

(a)> > The clerk of each court that administers oaths of allegiance under section 337 shall— > > > #### “(1) > > issue to each person to whom such an oath is administered a document evidencing that such an oath was administered, > > > #### “(2) > > forward to the Attorney General information concerning each person to whom such an oath is administered by the court, within 30 days after the close of the month in which the oath was administered, > > > #### “(3) > > make and keep on file evidence for each such document issued, and > > > #### “(4) > > forward to the Attorney General certified copies of such other proceedings and orders instituted in or issued out of the court affecting or relating to the naturalization of persons as may be required from time to time by the Attorney General. > > > ### “(b) > > Each district office of the Service in the United States shall maintain, in chronological order, indexed, and consecutively numbered, as part of its permanent records, all declarations of intention and applications for naturalization filed with the office.” > . ####

(18)Section 340 (8 U.S.C. 1451) is amended— #####

(A)in the first sentence of subsection (a), by striking “in any court specified in subsection

(a)of section 310 of this title” and inserting “in any District Court of the United States”, #####

(B)by amending the second sentence of subsection

(g)to read as follows: “The clerk of the court shall transmit a copy of such order and judgment to the Attorney General.”, #####

(C)by striking the third sentence of subsection (g), and #####

(D)in subsection (i), by striking “any naturalization court” and all that follows through “to take such action” and inserting the following: “the Attorney General to correct, reopen, alter, modify, or vacate an order naturalizing the person”. ####

(19)Section 344 (8 U.S.C. 1455) is amended— #####

(A)in subsection (a)— ######

(i)by striking “The clerk of court” and inserting “The Attorney General”, ######

(ii)in paragraph (1), by striking “final”, and ######

(iii)in paragraph (1), by striking “the naturalization court” and inserting “the Attorney General”; #####

(B)by striking subsections (c), (d), (e), and (f); #####

(C)in subsection (g)— ######

(i)by striking “, and all fees paid over to the Attorney General by clerks of courts under the provisions of this title,”, and ######

(ii)by striking “or by the clerks of the courts”; #####

(D)in subsection (h)— ######

(i)by striking “no clerk of a United States court shall” and inserting “the Attorney General may not”, ######

(ii)by striking “, and no clerk of any State court” and all that follows through “charged or collected”, and ######

(iii)by striking the second sentence; #####

(E)in subsection (i), by striking “clerk of court”, “from the clerk,”, “such clerk”, and “by the clerk” and inserting “Attorney General”, “from the Attorney General,”, “the Attorney General”, and “by the Attorney General”, respectively; and #####

(F)by redesignating subsections (g), (h), and

(i)as subsections (c), (d), and (e), respectively. ####

(20)Section 348 (8 U.S.C. 1459) is repealed. ###

(e)Striking Miscellaneous Material ####

(1)Section 316 (8 U.S.C. 1427) is amended by striking subsection

(f)and by redesignating subsection

(g)as subsection (f). ####

(2)Section 331 (8 U.S.C. 1442) is amended by striking the second sentence of subsection (d). ###

(f)Corrections of Table of Contents ####

(1)The items in the table of contents relating to sections 334 through 336 are amended to read as follows:" “Sec. 334. Application for naturalization; declaration of intention. “Sec. 335. Investigation of applicants; examination of applications. “Sec. 336. Hearings on denials of applications for naturalization.” ". ####

(2)The item in the table of contents relating to section 339 is amended to read as follows:" “Sec. 339. Functions and duties of clerks and records of declarations of intention and applications for naturalization.” ". ####

(3)The item in the table of contents relating to section 348 is repealed.

Connectionstraces to 26

Traces to 26 documents

U.S. Code