Sec. 312. requirements as to understanding the english language, history, principles, and form of government of the united states
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## Sec. 312 requirements as to understanding the english language, history, principles, and form of government of the united states **[**[8 U.S.C. 1423](/us/usc/t8/s1423)**]** ###
(a)No person except as otherwise provided in this title shall hereafter be naturalized as a citizen of the United States upon his own application who cannot demonstrate— ####
(1)an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language: *Provided,* That 442 the requirements of this paragraph relating to ability to read and write shall be met if the applicant can read or write simple words and phrases to the end that a reasonable test of his literacy shall be made and that no extraordinary or unreasonable conditions shall be imposed upon the applicant; and 442§403 of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5039) added language permitting waiver of the English language requirement for those over 55 years of age who had been living for at least 15 years after admission for permanent residence, effective on November 29, 1990, under §408(a)(3) of that Act. The proviso relating to waiver of English language requirement was stricken by §108(a)(4) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4309, Oct. 25, 1994), effective on October 25, 1994, and applicable to applications for naturalization filed on or after such date and to such applications pending on such date under §108(c) of that Act. ####
(2)a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States. ###
(b)#### (1)443 The requirements of subsection
(a)shall not apply to any person who is unable because of physical or developmental disability or mental impairment to comply therewith. 443Subsection
(b)was added by §108(a)(4) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4309, Oct. 25, 1994), effective on October 25, 1994 and applicable to applications for naturalization filed on or after such date and to such applications pending on such date under §108(c) of that Act. ####
(2)The requirement of subsection (a)(1) shall not apply to any person who, on the date of the filing of the person's application for naturalization as provided in section 334, either— #####
(A)is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, or #####
(B)is over fifty-five years of age and has been living in the United States for periods totaling at least fifteen years subsequent to a lawful admission for permanent residence. ####
(3)The Attorney General, pursuant to regulations444, shall provide for special consideration, as determined by the Attorney General, concerning the requirement of subsection (a)(2) with respect to any person who, on the date of the filing of the person's application for naturalization as provided in section 334, is over sixty-five years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence. 444Section 108(d) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4310, Oct. 25, 1994) provides as follows:
(d)Regulations.—Not later than 120 days after the date of enactment of this Act **[**October 25, 1994**]**, the Attorney General shall promulgate regulations to carry out section 312(b)(3) of the Immigration and Nationality Act (as amended by subsection (a)).
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- 104 Stat. 5039
- 108 Stat. 4309
- 108 Stat. 4310
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Sec. 312
requirements as to understanding the english language, history, principles, and form of government of the united states
Stat.104 Stat. 5039
Stat.108 Stat. 4309
Stat.108 Stat. 4310
Cites 4Cited by 0 across 0 sources