Sec. 408. EFFECTIVE DATES AND SAVINGS PROVISIONS

562 words·~3 min read·/statute-compilations/comps-1374/sec-408

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

## SEC. 408 EFFECTIVE DATES AND SAVINGS PROVISIONS ###

(a)Effective Date ####

(1)No new court petitions after effective date No court shall have jurisdiction, under section 310(a) of the Immigration and Nationality Act, to naturalize a person unless a petition for naturalization with respect to that person has been filed with the court before October 1, 1991. ####

(2)Treatment of current court petitions #####

(A)Continuation of current rules Except as provided in subparagraph (B), any petition for naturalization which may be pending in a court on October 1, 1991, shall be heard and determined in accordance with the requirements of law in effect when the petition was filed. #####

(B)Permitting withdrawal and consideration of application under new rules In the case of any petition for naturalization which may be pending in any court on January 1, 1992,29 the petitioner may withdraw such petition and have the petitioner's application for naturalization considered under the amendments made by this title, but only if the petition is withdrawn not later than 3 months after the effective date. 29§305(n) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1750) substituted “January 1, 1992” for “the date of the enactment of this Act”, effective as if included in the enactment of the Immigration Act of 1990. ####

(3)General effective date Except as otherwise provided in this section, the amendments made by this title are effective as of the date of the enactment of this Act. ###

(b)Interim, Final Regulations The Attorney General shall prescribe regulations (on an interim, final basis or otherwise) to implement the amendments made by this title on a timely basis. ###

(c)Continuing Duties The amendments to section 339 of the Immigration and Nationality Act (relating to functions and duties of clerks) shall not apply to functions and duties respecting petitions filed before October 1, 1991. ###

(d)General Savings Provisions ####

(1)Nothing contained in this title, unless otherwise specifically provided, shall be construed to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization, certification of citizenship, or other document or proceeding which is valid as of the effective date; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any status, condition, right in process of acquisition, act, thing, liability, obligation, or matter, civil or criminal, done or existing, as of the effective date. ####

(2)As to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters, the provisions of law repealed by this title are, unless otherwise specifically provided, hereby continued in force and effect. ###

(e)Treatment of Service in Armed Forces of Foreign Country The amendments made by section 404 (relating to treatment of service in armed forces of a foreign country) shall take effect on the date of the enactment of this Act and shall apply to exemptions from training or service obtained before, on, or after such date. ###

(f)Filipino War Veterans Section 405 (relating to naturalization of natives of the Philippines through active-duty service under United States command during World War II) shall become effective on May 1, 1991, without regard to whether regulations to implement such section have been issued by such date. # TITLE V ENFORCEMENT ## Subtitle A Criminal Aliens

Connections1 off-index

1 reference not yet in our index

105 Stat. 1750

Citation graph

cites case law

Sec. 408

EFFECTIVE DATES AND SAVINGS PROVISIONS

Stat.105 Stat. 1750

Cites 1Cited by 0 across 0 sources