32138 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

DEPARTMENT OF JUSTICE

8 CFR Parts 103, 310, 320, 322, 334,

337, 338, and 341

[INS No. 2101–00]

RIN 1115–AF98

Children Born Outside the United

States; Applications for Certificate of

Citizenship

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule implements Title I

of the Child Citizenship Act of 2000

(CCA), Public Law 106–395. First, this

rule amends the Immigration and

Naturalization Service (Service)

regulations by adding a new part which

addresses application procedures for

foreign-born children residing in the

United States pursuant to a lawful

admission for permanent residence,

who acquire citizenship automatically

under section 320 of the Immigration

and Nationality Act (Act), as amended.

This rule establishes procedures for

these foreign-born children, including

adopted children, to obtain certificates

of citizenship. Second, this rule also

addresses application procedures for

foreign-born children residing outside of

the United States, who can acquire

citizenship under section 322 of the Act,

as amended, by approval of an

application and taking of the oath of

allegiance.

The Service is publishing this interim

rule to provide U.S. citizen parents

seeking certificates of citizenship on

behalf of their minor children with

information about how to acquire

certificates of citizenship under the

current application process.

The Service will work with Congress,

the adoption community, and other

stakeholders to re-engineer the current

application process not only for

children who acquire U.S. citizenship

automatically but also for children who

acquire citizenship by application. This

re-engineering will address both the

application process and the costs.

Parents who wish to receive a

certificate of citizenship for their minor

children now may apply using the

current procedures noted in this rule.

Alternatively, they may apply for a U.S.

passport from the Department of State

and wait until the Service has

completed re-engineering of the

application process.

DATES: Effective date: This interim rule

is effective June 13, 2001.

The CCA became effective on

February 27, 2001. Publication of this

regulation does not alter the effective

date of the CCA nor does it affect the

status of individuals who acquired U.S.

citizenship by operation of law on that

date.

Comment date: Comments must be

submitted on or before August 13, 2001.

ADDRESSES: Please submit written

comments to the Director, Policy

Directives and Instructions Branch,

Immigration and Naturalization Service,

425 I Street, NW., Room 4034,

Washington, DC 20536. To ensure

proper handling, please reference INS

No. 2101–00 on your correspondence.

Written comments may also be

submitted via facsimile to 202–305–

0143. Comments are available for public

inspection at the above address by

calling (202) 514–3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Richard Sheridan, Immigration Services

Division, Office of Field Operations,

Immigration and Naturalization Service,

801 I Street NW., Suite 900,

Washington, DC 20536, telephone (202)

616–0583.

SUPPLEMENTARY INFORMATION:

Background

On October 30, 2000, the President

signed H.R. 2883, the Child Citizenship

Act of 2000 (CCA), Public Law 106–395,

into law. Title I, section 101 of the CCA

permits certain foreign-born children

who are residing in the United States

pursuant to a lawful admission for

permanent residence to acquire

citizenship automatically upon

fulfillment of certain conditions. Title I,

section 102 of the CCA permits certain

foreign-born children residing outside

the United States to receive citizenship

on approval of an application and taking

of the oath of allegiance.

Title II of the CCA amends the Act

and related statutes to provide

protections for certain aliens who

impermissibly voted in a Federal, State,

or local election or falsely represented

themselves as United States citizens in

order to obtain Federal, State, or local

benefits. The Service will address the

provisions of Title II of the CCA in a

separate rulemaking.

Does This Rule Supersede a Prior

Rulemaking?

The Service published a proposed

rule in the Federal Register on

September 10, 1996, at 61 FR 47690,

which would have amended the

regulations at part 322 to reflect changes

made to section 322 of the Act by the

Immigration and Nationality Technical

Corrections Act of 1994 (INTCA), Public

Law 103–416. The CCA amendments to

section 322 of the Act, however,

supersede the INTCA amendments.

Thus, the previously proposed revisions

to part 322 are no longer applicable

under the CCA. The Service will remove

that proposed rule from the Unified

Agenda of Federal Regulations. The

Service is revising part 322 in its

entirety. Through this interim rule, the

public will have an opportunity to

comment on this revised part as well as

the new part 320, which establishes

procedures for those children who

acquire citizenship automatically under

the CCA. In addition, the Service

intends to publish another rule to reflect

the re-engineered process once that

process is complete.

When Does the CCA Take Effect?

The CCA became effective on

February 27, 2001, which was 120 days

from the date of enactment.

What Are the Conditions for Automatic

Citizenship Under the CCA?

Foreign-born children who are

residing in the United States will

acquire citizenship automatically if:

(1) The child has at least one United

States citizen parent (by birth or

naturalization); and

(2) The child currently is under 18

years of age; and

(3) The child currently is residing in

the United States in the legal and

physical custody of the United States

citizen parent, pursuant to a lawful

admission for permanent residence.

If adopted, the child must meet all of

the above requirements as well as satisfy

the requirements applicable to adopted

children under section 101(b)(1) of the

Act.

What Are the Conditions for Citizenship

on Application Under the CCA?

Foreign-born children who are

residing outside of the United States

will acquire citizenship on approval of

an application for a certificate of

citizenship and taking of the oath of

allegiance, unless the oath is waived in

accordance with section 337(a) of the

Act. The Service will issue a certificate

of citizenship if the following

conditions have been fulfilled:

(1) The child has at least one United

States citizen parent (by birth or

naturalization);

(2) The United States citizen parent

has been physically present in the

United States or its outlying possessions

for at least 5 years, at least 2 of which

were after the age of 14, or the United

States citizen parent has a citizen parent

who has been physically present in the

United States or its outlying possessions

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 32139

for at least 5 years, at least 2 of which

were after the age of 14;

(3) The child currently is under 18

years of age;

(4) The child currently is residing

outside the United States in the legal

and physical custody of the United

States citizen parent; and

(5) The child is temporarily present in

the United States pursuant to a lawful

admission and is maintaining such

lawful status in the United States.

If an adopted child, all of the above

conditions must be fulfilled and the

child must satisfy the requirements

applicable to adopted children under

section 101(b)(1) of the Act.

Does the CCA Apply to Foreign-Born

Children Who Are Now Over the Age of

18?

No, section 104 of the CCA provides

that on the effective date, February 27,

2001, its provisions apply to those

‘‘individuals who satisfy the

requirements of section 320 or 322 of

the Immigration and Nationality Act, as

in effect on such effective date.’’ Both

section 320 and 322 of the Act, as

amended, require that an individual be

under the age of 18 years in order to be

eligible for citizenship under the new

provisions. Individuals who are 18 years

old or older on February 27, 2001, do

not qualify for citizenship under the

new law. However, an individual over

the age of 18 can apply for

naturalization, if eligible in all respects.

Who Is Considered a ‘‘Child’’ Under the

CCA?

Under the CCA an adopted child must

satisfy the requirements of section

101(b)(1) of the Act in order to be

eligible to acquire automatic

citizenship. Thus, currently those

adopted children who immigrate to the

United States (or adjust status in the

United States to that of a lawful

permanent resident) under section

101(b)(1)(E) of the Act, or under

101(b)(1)(F) of the Act and thereafter

have a full, final and complete adoption,

are qualified children. The term ‘‘child’’

as applied to all other children shall

have the same meaning as that provided

in the text of section 101(c)(1) of the

Act.

What Is Meant by the Phrase ‘‘Residing

in the United States Pursuant to a

Lawful Admission for Permanent

Residence’’?

To qualify under the CCA, applicants

must establish not only that they have

been admitted to the United States as

lawful permanent residents, but also

that they are ‘‘residing in’’ the United

States pursuant to admission in such

status. Admission in any immigrant

classification will satisfy the

requirement that the applicant be

admitted to the United States as a lawful

permanent resident. A more difficult

question is raised by the requirement

that the applicant be ‘‘residing in’’ the

United States. Under the section

101(a)(33) of the Act, ‘‘residence’’ is

defined as ‘‘the place of general abode;

the place of general abode of a person

means his principal, actual dwelling

place in fact, without regard to intent.’’

On the other hand, in certain

circumstances, an alien with lawful

permanent resident status may live

outside the United States without losing

that status, and for some purposes U.S.

citizens living outside the United States

are considered to still have a residence

in the United States.

The Service, in conjunction with the

Department of State, is reviewing the

legal question of whether, and if so,

under what circumstances, a child with

lawful permanent resident status who is

actually living outside the United States

can be described as ‘‘residing in’’ the

United States for purposes of the CCA.

Until this question is resolved, the

Service and Department of State will

only document as a United States

citizen a child in two instances. First,

the child will qualify if, on or after

February 27, 2001, the child is admitted

as a lawful permanent resident and

actually living in the United States.

Second, in the case of a child who was

previously admitted as a lawful

permanent resident but was absent from

the United States on February 27, 2001,

the child will qualify only if that child

returned to the United States after

February 27, 2001 and was re-admitted

as a lawful permanent resident. The

child must also be in the legal and

physical custody of the U.S. citizen

parent. The Service and Department of

State, in the interim, will regard that

child as residing in the United States.

What Is a Lawful Admission and

Maintenance of Lawful Status for

Purposes of Section 322 of the Act?

Under section 322 of the Act, a

foreign-born child who resides outside

the United States must be lawfully

admitted to the United States and

maintain such lawful status until the

application for certificate of citizenship

is approved and the oath of allegiance

administered (unless waived).

‘‘Admission’’ is defined under section

101(a)(13) of the Act. A child may be

admitted in any nonimmigrant

classification. A child is considered to

have maintained lawful status if his or

her nonimmigrant classification has not

been revoked or has not expired by

operation of law.

What Is Meant by the Term ‘‘Legal’’

Custody?

Both section 320 and 322 of the Act,

as amended by the CCA, require a U.S.

citizen parent(s) to establish that the

child is in his or her legal custody. The

term ‘‘legal custody’’ refers to the

responsibility for and authority over a

child. For the purpose of the CCA, the

Service will presume that a U.S. citizen

parent has legal custody of a child, and

will recognize that U.S. citizen parent as

having lawful authority over the child,

absent evidence to the contrary, in the

case of: (1) A biological child who

currently resides with both natural

parents (who are married to each other,

living in marital union, and not

separated), (2) a biological child who

currently resides with a surviving

natural parent (if the other parent is

deceased), or (3) in the case of a

biological child born out of wedlock

who has been legitimated and currently

resides with the natural parent.

In the case of an adopted child, a

determination that a U.S. citizen parent

has legal custody will be based on the

existence of a final adoption decree. In

the case of a child of divorced or legally

separated parents, the Service will find

a U.S. citizen parent to have legal

custody of a child, for the purpose of the

CCA, where there has been an award of

primary care, control, and maintenance

of a minor child to a parent by a court

of law or other appropriate government

entity pursuant to the laws of the state

or country of residence. The Service

will consider a U.S. citizen parent who

has been awarded ‘‘joint custody,’’ to

have legal custody of a child. ‘‘Joint

custody’’ refers to the award of equal

responsibility for and authority over the

care, education, religion, medical

treatment and general welfare of a child

to both parents by a court of law or

other appropriate government entity

pursuant to the laws of the state or

country of residence. There may be

other factual circumstances under

which the Service will find the U.S.

citizen parent to have legal custody for

purposes of the CCA.

In the case of an adopted child or a

child of divorced or legally separated

parents, a determination that a parent

has legal (and/or joint) custody will be

based on the provisions of the adoption

and/or divorce decree or separation

agreement executed under the laws of

the state or country of residence. In

cases where the issue of custody is not

explicitly addressed in the divorce

decree or separation agreement, a

determination of legal and/or joint

32140 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

custody shall be made based on the laws

of the State or country of residence.

Do Children Who Qualify for Automatic

Citizenship Under the CCA Have To

Apply for a Certificate of Citizenship?

No. They are citizens automatically, if

they meet all the conditions, without

having to file an application. However,

parents of children who meet the

conditions for automatic acquisition of

citizenship under the CCA may either

apply for a certificate of citizenship

from the Service or for a passport from

the Department of State, if they want to

document the child’s status as a U.S.

citizen.

What Forms and Documents Must Be

Filed in Order To Obtain a Certificate of

Citizenship for a Minor Adopted Child

Who Qualifies for Automatic

Citizenship Under the CCA?

U.S. citizen parents of adopted

children should submit a Form N–643,

Application for Certificate of

Citizenship in Behalf of an Adopted

Child, with the required filing fee of

$125.00. In most instances, the Service

will have all the required

documentation necessary to adjudicate

the application for a certificate of

citizenship in the child’s administrative

file. U.S. citizen parents of adopted

children generally will only need to

submit photographs of the child and the

required fee. For children who

immigrate to the United States and are

adopted or have to be re-adopted in the

United States, the Service will also

request evidence of a full and final

adoption. In certain instances, the

Service may request additional

documentation to supplement the

record if required documentation is not

in Service administrative file(s) or to

resolve discrepancies between the

application and the documentation in

Service records.

What Forms and Documents Must Be

Filed in Order to Obtain a Certificate of

Citizenship for a Minor Biological Child

Who Qualifies for Automatic

Citizenship Under the CCA?

U.S. citizen parents of biological

children should submit a Form N–600,

Application for Certificate of

Citizenship, with the required fee of

$160.00. As with adopted children, in

most instances, the Service will have all

the required documentation necessary

to adjudicate the application for

certificate of citizenship in the child’s or

parent’s administrative file. U.S. citizen

parents of biological children generally

will only need to submit photographs of

the child and the required fee. In certain

instances, the Service may request

additional documentation to

supplement the record if required

documentation is not in Service

administrative file(s) or to resolve

discrepancies between the application

and the documentation in Service

records.

What Forms and Documents Must Be

Filed in Order To Obtain a Certificate of

Citizenship for a Biological or Adopted

Child Who Resides Outside the United

States and Qualifies for Citizenship on

Application Under the CCA?

U.S. citizen parents should submit a

Form N–600, with the required fee of

$160.00, for biological children and

Form N–643, with the required fee of

$125.00, for adopted children. The

Service will also require parents to

submit, as appropriate:

(1) Photographs of the child;

(2) Child’s birth certificate;

(3) Evidence of U.S. citizen parent’s

citizenship;

(4) Marriage certificate (if applicable);

(5) Evidence of termination of

previous marriages (if applicable);

(6) Evidence of U.S. citizen parent’s

(or the citizen parent of the U.S. citizen)

physical presence in the United States;

(7) Evidence of the child’s lawful

admission to the United States and

maintenance of such status;

(8) Evidence of a full and final

adoption (if applicable);

(9) Evidence of all legal name changes

(if applicable).

In addition, in certain circumstances,

depending on the facts of the case,

parents may also be required to submit:

(1) Evidence of legitimation (if

applicable);

(2) Evidence of legal custody (if

applicable);

(3) Evidence that an adopted child

(not orphan) meets the definition of

101(b)(1)(E) (if applicable); and

(4) Evidence of an approval notice for

a Form I–600, classifying the child as an

orphan (if applicable).

When Is it Necessary To File the Form

N–600/N–643, Supplement A?

Under the CCA, the U.S. citizen

parent of a child living abroad must

have at least 5 years of physical

presence in the United States, 2 years of

which are after the age of 14, in order

to apply for a certificate of citizenship

on behalf of a minor child. If the U.S.

citizen parent cannot meet this

requirement, a child may still qualify for

citizenship under the CCA if the U.S.

citizen parent has a U.S. citizen parent

who met the physical presence

requirements noted above. If the child is

relying on the physical presence of the

U.S. citizen parent’s citizen parent, the

Form N–600/N–643, Supplement A

must also be submitted. There is no fee

for this supplement form.

Will the Service Be Revising the Forms

for Certificate of Citizenship for an

Adopted or Biological Child Who

Qualifies for Citizenship Under the

CCA?

As part of its efforts to re-engineer and

streamline the certificate of citizenship

application process, the Service is

considering consolidating the Form N–

643 and the Form N–600/N–643,

Supplement A, into the Form N–600.

The information requested on these

three forms is largely duplicative and by

consolidating the information on one

form, all United States citizen parent(s)

potentially will be able to request a

certificate of citizenship on behalf of

their minor child without having to

complete multiple forms. The Service is

publishing elsewhere in this issue of the

Federal Register an information

collection noitce with a draft revised

Form N–600 on which the Service will

solicit public comment.

The Service, after review of all public

comments, will determine whether it

will use the revised and consolidated

Form N–600. If so, the Service, upon

approval by OMB, will publish a notice

in the Federal Register addressing the

effective date for use of the form.

The public should continue to use the

current Forms N–600, N–643, and N–

600/N–643, Supplement A until further

notice.

Where Should the Application Be Filed?

For minor biological children who

reside in the United States pursuant to

a lawful admission for permanent

residence and acquire citizenship

automatically, a U.S. citizen parent

should file the Form N–600, with the

required fee of $160.00, as specified

under 8 CFR 103.7(b)(1), with the

appropriate district office or suboffice in

the United States having jurisdiction

over the parent and child’s place of

residence.

For minor adopted children who

reside in the United States pursuant to

a lawful admission for permanent

residence and acquire citizenship

automatically, a U.S. citizen parent

should file the Form N–643, with the

required fee of $125.00, as specified

under 8 CFR 103.7(b)(1), with the

appropriate district office or suboffice in

the United States having jurisdiction

over the parent and child’s place of

residence.

For minor biological children who

reside outside of the United States with

the U.S. citizen parent, a U.S. citizen

parent may file the Form N–600, with

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 32141

the required fee of $160.00, as specified

under 8 CFR 103.7(b)(1), with any

stateside district office. The parent

should include a request with the Form

N–600, noting preferred interview dates,

and should allow sufficient time (at

least 90 days) to enable the Service

office to preliminarily adjudicate the

application, schedule the interview, and

send the appointment notice to the

foreign address.

For minor adopted children who

reside outside of the United States with

the U.S. citizen parent, a U.S. citizen

parent may file the Form N–643, with

the required fee of $125.00, as specified

under 8 CFR 103.7(b)(1), with any

stateside district office. The parent

should include a request with the Form

N–643, noting preferred interview dates,

and should allow sufficient time (at

least 90 days) to enable the Service

office to preliminarily adjudicate the

application, schedule the interview, and

send the appointment notice to the

foreign address.

Are Interviews Necessary for

Applications Filed Under New Sections

320 or 322?

Under 8 CFR 341.2, in certain

instances the Service may process

applications for certificates of

citizenship without an interview.

Generally an interview will not be

required to obtain a certificate of

citizenship under the CCA. However,

the Service may request an interview to

clarify or resolve issues raised by, or

discrepancies between, the application

and Service records. Applications filed

for children who become citizens upon

their parent(s)’ naturalization frequently

can be adjudicated without an

interview, provided the Service has

proper evidence of the parent(s)’

naturalization and the Service

administrative file(s) that contain the

documentation of the naturalizing

parent and child’s identity and

relationship. Similarly, applications

filed for children who immigrated as

IR–3s (orphan adopted abroad by a U.S.

citizen) may be adjudicated without an

interview if the office has the child’s Afile. Interviews for IR–4s (orphans

coming to the United States to be

adopted by U.S. citizen parent(s)) may

be waived if the adjudicating officer has

the child’s administrative file and

evidence of the final adoption (or the

recognition by the state of residence of

a foreign adoption).

All applications for certificates of

citizenship filed under section 322

require an interview with both the U.S.

citizen parent and the child.

How Will the Service Process the Form

N–600 and the Form N–643

Applications That Were Pending When

the Law Took Effect?

For pending applications filed to

recognize citizenship status already

acquired, the Service will continue to

adjudicate such applications under the

relevant law applicable to the case. For

applications that required Service

approval before an individual could be

deemed a United States citizen, as of

February 27, 2001, the Service will

adjudicate those cases under the new

law and for applicants who

automatically acquire citizenship as of

February 27, 2001, the Service will issue

certificates of citizenship reflecting the

person’s citizenship as of that date. The

Service will reopen a previously denied

N–600 and adjudicate the application

pursuant to the new law if the

application would have been

approvable if filed on or after February

27, 2001 under the new section 320 of

the Act. In those cases, the applicant

will not be required to refile the

application.

What Effect Does the CCA Have on the

Status of Persons Who Have Already

Automatically Acquired Citizenship

Under Sections 320 and 321 of the Act

as in Effect Prior to February 27, 2001?

The CCA amends section 320 and

repeals section 321 of the Act, effective

February 27, 2001. Therefore, February

26, 2001, was the last date on which a

person could automatically become a

United States citizen under the

provisions of section 320 and 321 of the

Act as previously in force. All persons

who acquired citizenship automatically

under the provisions of sections 320 and

321 of the Act as previously in force up

to February 26, 2001, may apply for a

certificate of citizenship at any time and

the application will be adjudicated

under the provisions of sections 320 and

321 of the Act as in force prior to

February 27, 2001.

What if the Form N–600 or N–643 Is

Denied?

If the district director denies the Form

N–600 or N–643, the applicant will be

provided with a written decision

detailing the reasons for denial. An

applicant may appeal the decision to the

Administrative Appeals Office (AAO)

by filing a Form I–290B, Notice of

Appeal to the Administrative Appeals

Unit with the appropriate fee, within 30

days from the date of decision.

Does the CCA Change the Current

Process for Immigrating Adopted

Children and Orphans to the United

States?

No, the current procedures for

immigrating adopted children and

orphans to the United States, as

specified under 8 CFR part 204, are

unaffected by the CCA. However, the

Service is investigating ways in the

future to streamline the process for

documenting automatic acquisition of

citizenship by these children. In

addition, the Service intends to remove

the Affidavit of Support (Form I–864)

requirement for children adopted

abroad who will receive citizenship at

the time of entry as lawful permanent

residents. This is the majority of cases.

However, children born and residing

outside of the United States or children

who will not be adopted until after they

enter the United States will still require

the affidavit of support.

Do Adopted Children Who Initially

Entered the United States as

Nonimmigrants or Were Paroled Into the

United States for Humanitarian

Purposes Qualify for Automatic

Citizenship if Currently They Do Not

Have Lawful Permanent Resident

Status?

No. Adopted children who are

currently residing in the United States

with a U.S. citizen parent(s) but who are

in nonimmigrant or parole status do not

qualify for automatic citizenship. Such

children will acquire automatic

citizenship only after they immigrate to

the United States or adjust status in the

United States to that of a lawful

permanent resident. Once the child

becomes a lawful permanent resident

and all other requirements of the CCA

are met, the child will be a citizen of the

United States automatically by

operation of law.

Can Children Adopted From the

Republic of the Marshall Islands,

Federated States of Micronesia, or Palau

Qualify for Automatic Citizenship

Under the CCA if They Were Admitted

Into the United States as

Nonimmigrants?

No. There are currently in existence a

Compact of Free Association between

the United States of America and the

Republic of the Marshall Islands and

with the Federated States of Micronesia

(48 U.S.C. 1910, note), and a Compact

of Free Association between the United

States of America and Palau (48 U.S.C.

1931, note) (Compacts, Compact

countries). Pursuant to section 141(a) of

the Compacts, citizens of the Compact

Countries may enter the United States,

32142 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

lawfully engage in occupations, accept

employment, and establish residence as

non-immigrants in the United States, its

territories and possessions, without

regard to section 212 (a)(5)(A) (labor

certification), (7)(A) (immigrant visa)

and (B) (non-immigrant visa) of the

Immigration and Nationality Act (INA).

Citizens of the Compact Countries who

seek to immigrate into the United States

must follow standard procedures of the

INA. Adopted children who enter the

United States to reside with their

adoptive parents are not temporary

visitors, but intend to become

permanent residents, i.e., to immigrate.

The entry of an adopted child as a nonimmigrant under section 141(a),

therefore, constitutes improper use of

that procedure and an evasion of the

visa requirements of the INA. It also

jeopardizes, as will be shown in the

following paragraph, the child’s ability

to acquire automatic citizenship under

the CCA.

Children who are adopted in these

countries and are admitted to the United

States under section 141(a) of the

Compacts do not qualify for automatic

citizenship under the CCA because they

were admitted as nonimmigrants. Such

children, however, can benefit from the

CCA once they become lawful

permanent residents.

To obtain lawful permanent resident

status for such adopted children, U.S.

citizen parents must file a Form I–130,

Petition for Alien Relative, establishing

that the child meets the requirements of

section 101(b)(1)(E) of the Act. Section

101(b)(1)(E) requires the child to have

been adopted under the age of 16 years

and to have resided with and in the

legal custody of the adoptive U.S.

citizen parent for at least 2 years.

Do Non-Citizen Children Adopted From

the Commonwealth of the Northern

Mariana Islands Qualify for Automatic

Citizenship Under the CCA?

Only if such adopted children meet

the requirements of the CCA, including

lawful permanent residence.

(a) Children Born in the Commonwealth

of the Northern Mariana Islands (CNMI)

The Covenant to Establish a

Commonwealth of the Northern Mariana

Islands in Political Union with the

United States of America (Covenant), 48

U.S.C. 1801, note, provides that the

CNMI is under the sovereignty of the

United States (Covenant, section 101).

All persons born in the CNMI on or after

November 3, 1986, the date on which

the Covenant became fully effective, are

citizens of the United States at birth

(Covenant, section 303). Most persons

born in the CNMI prior to November 3,

1986, also became United States citizens

on that day (Covenant, section 301).

Accordingly, most children of adoptable

age born in the CNMI are United States

citizens. Their United States citizenship

therefore does not depend on the CCA.

(b) Adopted Children Residing in the

CNMI Who Are Citizens of the Compact

Countries

There are currently in existence a

Compact of Free Association between

the United States of America and the

Republic of the Marshall Islands and

with the Federated States of Micronesia

(48 U.S.C. 1910, note), and a Compact

of Free Association between the United

States of America and Palau (48 U.S.C.

1931, note) (Compacts, Compact

countries). Pursuant to section 141(a) of

the Compacts, citizens of the Compact

Countries may enter the United States,

lawfully engage in occupations, accept

employment, and establish residence as

non-immigrants in the United States, its

territories and possessions, without

regard to section 212 (a)(5)(A) (labor

certification), (7)(A) (immigrant visa)

and (B) (non-immigrant visa) of the

Immigration and Nationality Act (INA).

Citizens of the Compact Countries who

seek to immigrate into the United States

must follow standard procedures of the

INA. Adopted children who enter the

United States to reside with their

adoptive parents are not temporary

visitors, but intend to become

permanent residents, i.e., to immigrate.

The entry of an adopted child as a nonimmigrant under section 141(a),

therefore, constitutes improper use of

that procedure and an evasion of the

visa requirements of the INA. It also

jeopardizes, as will be shown in the

following paragraph, the child’s ability

to acquire automatic citizenship under

the CCA.

Children who are adopted in these

countries and are admitted to the United

States under section 141(a) of the

Compacts do not qualify for automatic

citizenship under the CCA because they

were admitted as nonimmigrants. Such

children, however, can benefit from the

CCA once they become lawful

permanent residents.

To obtain lawful permanent resident

status for such adopted children, U.S.

citizen parents must file a Form I–130,

Petition for Alien Relative, establishing

that the child meets the requirements of

section 101(b)(1)(E) of the Act. Section

101(b)(1)(E) requires the child to have

been adopted under the age of 16 years

and to have resided in the United States,

in the legal custody of the adoptive U.S.

citizen parent for at least 2 years.

(c) Adopted Children Residing in the

CNMI Who Are Neither United States

Citizens Nor Citizens of a Compact

Country

Adopted children who are currently

residing in the CNMI with a U.S. citizen

parent(s) who are neither United States

citizens nor citizens of a Compact

Country but who are in nonimmigrant

or parole status do not qualify for

automatic citizenship. Such children

will acquire automatic citizenship only

after they immigrate to the United States

or adjust status in the United States to

that of a lawful permanent resident.

Once the child becomes a lawful

permanent resident and all other

requirements of the CCA are met, the

child will be a citizen of the United

States automatically by operation of

law.

It should be noted, however, first, that

it is not likely that many adopted

children fall into that class, and, second,

due to the peculiar immigration status

of the CNMI, the vast majority of those

adopted children will be lawful

permanent residents. Although the

CNMI is under the sovereignty of the

United States and most of the persons

born in the CNMI are citizens of the

United States, the CNMI is not a part of

the United States for the purposes of the

Immigration and Nationality Act (INA).

Section 101(a)(38). Aliens who seek to

enter the United States governed by the

INA (all areas subject to the sovereignty

of the United States except American

Samoa and the CNMI) from the CNMI

are therefore subject to the visa

requirements of the INA. There is no

equivalent provision to section 141(a) of

the Compacts in the Covenant that

would permit the entry of nonimmigrants from the CNMI under a visa

waiver. Hence, alien adopted children

residing in the CNMI who are not

citizens of the Compact Countries must

have a visa, and it may be assumed that

either the adoptive parent or the issuing

visa official will see to it that the

adopted children will travel under an

immigrant visa that will insure the

acquisition of lawful permanent

resident status.

Thus for all practical purposes the

only alien adopted children from the

CNMI who lack the lawful permanent

resident requirement of the CCA would

be citizens of the Compact Countries

who entered as non-immigrants, and

parolees.

When Does a Child Automatically

Acquire Citizenship?

A child who qualifies for citizenship

automatically will be deemed a citizen

on the date the last condition is fulfilled

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 32143

(e.g., the date of final, full and complete

adoption, naturalization of the parent,

or admission of the child as a lawful

permanent resident, whichever happens

last). United States citizen parents

should note that children who are

admitted to the United States under

section 101(b)(1)(F) of the Act as IR–4s

(orphans coming to the United States to

be adopted by U.S. citizen parent(s)) do

not automatically acquire citizenship on

entry, even though admitted as lawful

permanent residents. Children admitted

as IR–4s (orphans coming to the United

States to be adopted by U.S. citizen

parent(s)) must have been finally

adopted in the United States or had the

foreign adoption recognized by the state

where the child is permanently residing.

For those children under the age of 18

who acquired citizenship under the

CCA on the date the law became

effective, February 27, 2001, that date is

the date of their citizenship.

Good Cause Exception

This interim rule is effective on

publication, although the Service invites

post-promulgation comments and will

address any such comments in a final

rule. For the following reason, the

Service finds that good cause exists for

adopting this rule without the prior

notice and comment period ordinarily

required by 5 U.S.C. 553(b). The

amendments made by Public Law 106–

395 apply to individuals who satisfy the

requirements of section 320 and 322 of

the Act beginning February 27, 2001. It

is therefore impracticable to adopt this

rule with the prior notice and comment

period normally required under 5 U.S.C.

553(b).

Regulatory Flexibility Act

The Acting Commissioner of the

Immigration and Naturalization Service,

in accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and, by

approving it, certifies that the rule will

not have a significant economic impact

on a substantial number of small

entities. This rule merely establishes

procedures for U.S. citizen parents to

apply for certificates of citizenship for

foreign-born children residing

permanently in the United States or

residing abroad. The affected parties are

not small entities, and the impact of the

regulation is not an economic one.

Executive Order 12866

This rule is considered by the

Department of Justice, Immigration and

Naturalization Service, to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review.

Accordingly, this regulation has been

reviewed by the Office of Management

and Budget.

Executive Order 13132

This rule will not have substantial

direct effects on the States, on the

relationship between the National

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with section 6 of Executive

Order 13132, it is determined that this

rule does not have sufficient federalism

implications to warrant the preparation

of a federalism summary impact

statement.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any 1 year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement Act of

1996. This rule will not result in an

annual effect on the economy of $100

million or more; a major increase in

costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Executive Order 12988 Civil Justice

Reform

This final rule meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of Executive Order 12988.

Paperwork Reduction Act of 1995

The Service is considering

consolidating the Form N–643, and the

Form N–600/N–643, Supplement A,

into the Form N–600. In addition, the

information collection requirement,

Form N–600 is in the process of being

revised. Since this interim rule takes

effect on publication, the public should

continue to use Forms N–600, N–643,

and N–600/N–643, Supplement A until

further notice.

The Service is publishing a draft copy

of this form in an information collection

notice published in this issue of the

Federal Register to give the public a

chance to comment on the form.

The Service, after review of all public

comments, will determine whether it

will use the revised and consolidated

Form N–600. If so, the Service, upon

approval by OMB, will publish a notice

in the Federal Register addressing the

effective date for use of the form.

List of Subjects

8 CFR Part 103

Administrative practice and

procedure, Authority delegations

(Government Agencies), Freedom of

information, Privacy, Reporting and

recordkeeping requirements, Surety

bonds.

8 CFR Part 310

Citizenship and naturalization,

Courts.

8 CFR Part 320

Citizenship and naturalization,

Infants and children, Reporting and

recordkeeping requirements.

8 CFR Part 322

Citizenship and naturalization,

Infants and children, Reporting and

recordkeeping requirements.

8 CFR Part 334

Administrative practice and

procedure, Citizenship and

naturalization, Courts, Reporting and

recordkeeping requirements.

8 CFR Part 337

Citizenship and naturalization,

Courts.

8 CFR Part 338

Citizenship and naturalization,

Reporting and recordkeeping

requirements.

8 CFR Part 341

Citizenship and naturalization,

Reporting and recordkeeping

requirements.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is amended

as follows:

PART 103—POWERS AND DUTIES OF

SERVICE OFFICERS; AVAILABILITY

OF SERVICE RECORDS

1. The authority citation for part 103

is revised to read as follows:

Authority: 5 U.S.C. 552, 552a; 8 U.S.C.

1101, 1103, 1304, 1356; 31 U.S.C. 9701; E.O.

12356, 47 FR 14874, 15557, 3 CFR, 1982

Comp., p. 166; 8 CFR part 2.

2. Section 103.1 is amended by:

32144 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

a. Removing the period at the end of

paragraph (f)(3)(iii)(MM); and inserting

a ‘‘; and’’ in its place; and by

b. Adding a new paragraph

(f)(3)(iii)(NN), to read as follows:

§ 103.1 Delegations of authority.

* * * * *

(f) * * *

(3) * * *

(iii) * * *

(NN) Applications for certificates of

citizenship under §§ 320.5 and 322.5 of

this chapter.

* * * * *

PART 310—NATURALIZATION

AUTHORITY

3. The authority citation for part 310

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1421, 1443, 1447,

1448; 8 CFR part 2.

§ 310.3 [Amended]

4. In § 310.3, paragraph (b) is

amended in the last sentence by

removing the reference to ‘‘322(c),’’.

5. Part 320 is added to read as follows:

PART 320—CHILD BORN OUTSIDE

THE UNITED STATES AND RESIDING

PERMANENTLY IN THE UNITED

STATES; REQUIREMENTS FOR

AUTOMATIC ACQUISITION OF

CITIZENSHIP

Sec.

320.1 What definitions are used in this

part?

320.2 Who is eligible for citizenship?

320.3 How, where, and what forms and

other documents should be filed?

320.4 Who must appear for an interview on

the application for citizenship?

320.5 What happens if the application is

approved or denied by the Service?

Authority: 8 U.S.C. 1103, 1443; 8 CFR part

2.

§ 320.1 What definitions are used in this

part?

As used in this part, the term:

Adopted means adopted pursuant to a

full, final and complete adoption. If a

foreign adoption of an orphan was not

full and final, was defective, or the

unmarried U.S. citizen parent or U.S.

citizen parent and spouse jointly did not

see and observe the child in person

prior to or during the foreign adoption

proceedings, the child is not considered

to have been fully, finally and

completely adopted and must be

readopted in the United States.

Readoption requirements may be

waived if the state of residence of the

United States citizen parent(s)

recognizes the foreign adoption as full

and final under that state’s adoption

laws.

Adopted child means a person who

has been adopted as defined above and

who meets the requirements of section

101(b)(1)(E) or (F) of the Act.

Child means a person who meets the

requirements of section 101(c)(1) of the

Act.

Joint custody, in the case of a child of

divorced or legally separated parents,

means the award of equal responsibility

for and authority over the care,

education, religion, medical treatment,

and general welfare of a child to both

parents by a court of law or other

appropriate government entity pursuant

to the laws of the state or country of

residence.

Legal custody refers to the

responsibility for and authority over a

child.

(1) For the purpose of the CCA, the

Service will presume that a U.S. citizen

parent has legal custody of a child, and

will recognize that U.S. citizen parent as

having lawful authority over the child,

absent evidence to the contrary, in the

case of:

(i) A biological child who currently

resides with both natural parents (who

are married to each other, living in

marital union, and not separated),

(ii) A biological child who currently

resides with a surviving natural parent

(if the other parent is deceased), or

(iii) In the case of a biological child

born out of wedlock who has been

legitimated and currently resides with

the natural parent.

(2) In the case of an adopted child, a

determination that a U.S. citizen parent

has legal custody will be based on the

existence of a final adoption decree. In

the case of a child of divorced or legally

separated parents, the Service will find

a U.S. citizen parent to have legal

custody of a child, for the purpose of the

CCA, where there has been an award of

primary care, control, and maintenance

of a minor child to a parent by a court

of law or other appropriate government

entity pursuant to the laws of the state

or country of residence. The Service

will consider a U.S. citizen parent who

has been awarded ‘‘joint custody,’’ to

have legal custody of a child. There may

be other factual circumstances under

which the Service will find the U.S.

citizen parent to have legal custody for

purposes of the CCA.

§ 320.2 Who is eligible for citizenship?

(a) General. To be eligible for

citizenship under section 320 of the Act,

a person must establish that the

following conditions have been met

after February 26, 2001:

(1) The child has at least one United

States citizen parent (by birth or

naturalization);

(2) The child is under 18 years of age;

and

(3) The child is residing in the United

States in the legal and physical custody

of the United States citizen parent,

pursuant to a lawful admission for

permanent residence.

(b) Additional requirements if child is

adopted. If adopted, the child must

meet all of the requirements in

paragraph (a) of this section as well as

satisfy the requirements applicable to

adopted children under section

101(b)(1) of the Act.

§ 320.3 How, where, and what forms and

other documents should be filed?

(a) Application. Individuals who are

applying for certificate of citizenship on

their own behalf should file a Form N–

600, Application for Certificate of

Citizenship. An application for a

certificate of citizenship under this

section on behalf of a minor biological

child shall be submitted on Form N–

600, Application for Certificate of

Citizenship, by the U.S. citizen parent(s)

or legal guardian. An application for a

certificate of citizenship under this

section on behalf of a minor adopted

child shall be submitted on Form N–

643, Application for Certificate of

Citizenship in Behalf of An Adopted

Child by U.S. citizen adoptive parent(s)

or legal guardian. The completed

application and accompanying

supporting documentation must be filed

at the appropriate stateside Service

district office or sub-office with

jurisdiction over the U.S. citizen parent

and child’s residence. The application

must be filed with the filing fee required

in § 103.7(b)(1) of this chapter.

(b) Evidence. (1) An applicant under

this section shall establish eligibility

under § 320.2. In addition to the forms

and the appropriate fee as required in

§ 103.7(b)(1) of this chapter, an

applicant must submit the following

required documents unless such

documents are already contained in the

Service administrative file(s):

(i) The child’s birth certificate or

record;

(ii) Marriage certificate of child’s

parents (if applicable);

(iii) If the child’s parents were

married before their marriage to each

other, proof of termination of any

previous marriage of each parent (e.g.,

death certificate or divorce decree);

(iv) Evidence of U.S. citizenship of

parent, (i.e., birth certificate;

naturalization certificate; FS–240,

Report of Birth Abroad; a valid

unexpired U.S. passport; or certificate of

citizenship);

(v) If the child was born out of

wedlock, documents verifying

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 32145

legitimation according to the laws of the

child’s residence or domicile or father’s

residence or domicile (if applicable);

(vi) In case of divorce, legal

separation, or adoption, documentation

of legal custody;

(vii) Copy of Permanent Resident

Card/Alien Registration Receipt Card or

other evidence of lawful permanent

resident status (e.g. I–551 stamp in a

valid foreign passport or Service-issued

travel document);

(viii) If adopted, a copy of the full,

final adoption decree and, if the

adoption was outside of the United

States and the child immigrated as an

IR–4 (orphans coming to the United

States to be adopted by U.S. citizen

parent(s)), evidence that the foreign

adoption is recognized by the state

where the child is permanently residing;

and

(ix) Evidence of all legal name

changes, if applicable, for the child and

U.S. citizen parent.

(2) If the Service requires any

additional documentation to make a

decision on the application for

certificate of citizenship, applicants may

be asked to provide that documentation

under separate cover or at the time of

interview. Applicants do not need to

submit documents that were submitted

in connection with: An application for

immigrant visa and retained by the

American Consulate for inclusion in the

immigrant visa package, or an

immigrant petition or application and

included in a Service administrative

file. Applicants should indicate that

they wish to rely on such documents

and identify the administrative file(s) by

name and alien number. The Service

will only request the required

documentation again if necessary.

§ 320.4 Who must appear for an interview

on the application for citizenship?

All applicants (and U.S. citizen

parent(s) if application filed on behalf of

a minor biological or adopted child)

must appear for examination unless

such examination is waived under the

guidelines expressed in § 341.2 of this

chapter.

§ 320.5 What happens if the application is

approved or denied by the Service?

(a) Approval of application. If the

application for the certificate of

citizenship is granted, after the

applicant takes the oath of allegiance

prescribed in 8 CFR part 337, unless the

oath is waived, the Service will issue a

certificate of citizenship.

(b) Denial of application. If the

decision of the district director is to

deny the application for a certificate of

citizenship under this section, the

applicant shall be furnished with the

reasons for denial and advised of the

right to appeal in accordance with the

provisions of 8 CFR 103.3(a). An

applicant may file an appeal on Form I–

290B, Notice of Appeal to the

Administrative Appeals Unit (AAU),

with the required fee prescribed in

§ 103.7(b)(1) of this chapter, in

accordance with the instructions therein

and with any supporting documentation

addressing the reasons for denial. To be

timely, an appeal must be filed within

30 days of service of the decision. After

an application for a certificate of

citizenship has been denied and the

time for appeal has expired, a second

application submitted by the same

individual shall be rejected and the

applicant will be instructed to submit a

motion for reopening or reconsideration

in accordance with 8 CFR 103.5. The

motion shall be accompanied by the

rejected application and the fee

specified in 8 CFR 103.7. A decision

shall be issued with notification of

appeal rights in all certificate of

citizenship cases, including any case

denied due to the applicant’s failure to

prosecute the application.

6. Part 322 is revised to read as

follows:

PART 322—CHILD BORN OUTSIDE

THE UNITED STATES;

REQUIREMENTS FOR APPLICATION

FOR CERTIFICATE OF CITIZENSHIP

Sec.

322.1 What are the definitions used in this

part?

322.2 Who is eligible for citizenship?

322.3 How, where, and what forms and

other documents should the United

States citizen parent(s) file?

322.4 Who must appear for an interview on

the application for citizenship?

322.5 What happens if the application is

approved or denied by the Service?

Authority: 8 U.S.C. 1103, 1443; 8 CFR part

2.

§ 322.1 What are the definitions used in

this part?

As used in this part the term:

Adopted means adopted pursuant to a

full, final and complete adoption. In the

case of an orphan adoption, if a foreign

adoption was not full and final, was

defective, or the unmarried U.S. citizen

parent or U.S. citizen parent and spouse

jointly did not see and observe the child

in person prior to or during the foreign

adoption proceedings, an orphan is not

considered to have been adopted and

must be readopted in the United States

or satisfy the requirements of section

101(b)(1)(E) of the Act.

Adopted child means a person who

has been adopted as defined above and

who meets the requirements of section

101(b)(1)(E) or (F) of the Act.

Child means a person who meets the

requirements of section 101(c)(1) of the

Act.

Lawful admission shall have the same

meaning as provided in section

101(a)(13) of the Act.

Joint custody, in the case of a child of

divorced or legally separated parents,

means the award of equal responsibility

for and authority over the care,

education, religion, medical treatment

and general welfare of a child to both

parents by a court of law or other

appropriate government entity pursuant

to the laws of the state or country of

residence.

Legal custody refers to the

responsibility for and authority over a

child.

(1) For the purpose of the CCA, the

Service will presume that a U.S. citizen

parent has legal custody of a child, and

will recognize that U.S. citizen parent as

having lawful authority over the child,

absent evidence to the contrary, in the

case of:

(i) A biological child who currently

resides with both natural parents (who

are married to each other, living in

marital union, and not separated),

(ii) A biological child who currently

resides with a surviving natural parent

(if the other parent is deceased), or

(iii) In the case of a biological child

born out of wedlock who has been

legitimated and currently resides with

the natural parent.

(2) In the case of an adopted child, a

determination that a U.S. citizen parent

has legal custody will be based on the

existence of a final adoption decree. In

the case of a child of divorced or legally

separated parents, the Service will find

a U.S. citizen parent to have legal

custody of a child, for the purpose of the

CCA, where there has been an award of

primary care, control, and maintenance

of a minor child to a parent by a court

of law or other appropriate government

entity pursuant to the laws of the state

or country of residence. The Service

will consider a U.S. citizen parent who

has been awarded ‘‘joint custody,’’ to

have legal custody of a child. There may

be other factual circumstances under

which the Service will find the U.S.

citizen parent to have legal custody for

purposes of the CCA.

§ 322.2 Who is eligible for citizenship?

(a) General. A child will be eligible for

citizenship under section 322 of the Act,

if the following conditions have been

fulfilled:

(1) The child has at least one United

States citizen parent (by birth or

naturalization);

32146 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

(2) The United States citizen parent

has been physically present in the

United States or its outlying possessions

for at least 5 years, at least 2 of which

were after the age of 14, or the United

States citizen parent has a United States

citizen parent who has been physically

present in the United States or its

outlying possessions for at least 5 years,

at least 2 of which were after the age of

14;

(3) The child currently is under 18

years of age;

(4) The child currently is residing

outside the United States in the legal

and physical custody of the United

States citizen parent; and

(5) The child is temporarily present in

the United States pursuant to a lawful

admission and is maintaining such

lawful status in the United States.

(b) Additional requirements if child is

adopted. If an adopted child, all of the

requirements in paragraph (a) of this

section must be fulfilled and the child

must satisfy the requirements applicable

to adopted children under section

101(b)(1) of the Act.

§ 322.3 How, where, and what forms and

other documents should the United States

citizen parent(s) file?

(a) Application. An application for a

certificate of citizenship under this

section on behalf of a biological child

shall be submitted on Form N–600,

Application for Certificate of

Citizenship, by the U.S. citizen

parent(s). An application for a certificate

of citizenship under this section on

behalf of an adopted child shall be

submitted on Form N–643, Application

for Certificate of Citizenship in Behalf of

An Adopted Child by U.S. citizen

adoptive parent(s). The completed

application and accompanying

supporting documentation may be filed

at any stateside district office or

suboffice. The application must be filed

with the filing fee required in

§ 103.7(b)(1) of this chapter. The U.S.

citizen parent should include a request

with the N–600 or N–643, noting

preferred interview dates, and should

allow sufficient time (at least ninety

days) to enable the Service office to

preliminarily adjudicate the application,

schedule the interview, and send the

appointment notice to the foreign

address.

(b) Evidence. (1) An applicant under

this section shall establish eligibility

under § 322.2. In addition to the forms

and the appropriate fee as required in

§ 103.7(b)(1) of this chapter, an

applicant must submit the following

required documents unless such

documents are already contained in the

Service administrative file(s):

(i) The child’s birth certificate or

record;

(ii) Marriage certificate of child’s

parents (if applicable);

(iii) If the child’s parents were

married before their marriage to each

other, proof of termination of any

previous marriage of each parent (e.g.,

death certificate or divorce decree);

(iv) Evidence of U.S. citizenship of

parent (i.e., birth certificate;

naturalization certificate; FS–240,

Report of Birth Abroad; a valid

unexpired U.S. passport; or certificate of

citizenship);

(v) If the child was born out of

wedlock, documents verifying

legitimation according to the laws of the

child’s residence or domicile or father’s

residence or domicile (if applicable);

(vi) In case of divorce, legal

separation, or adoption, documentation

of legal custody (if applicable);

(vii) Documentation establishing that

the U.S. citizen parent or U.S. citizen

grandparent meets the required physical

presence requirements (e.g., school

records, military records, utility bills,

medical records, deeds, mortgages,

contracts, insurance policies, receipts,

or attestations by churches, unions, or

other organizations);

(viii) Evidence that the child is

present in the United States pursuant to

a lawful admission and is maintaining

such lawful status (e.g., Form I–94,

Arrival/Departure Record) (in certain

circumstances, this evidence may be

presented at the time of interview);

(ix) If adopted, a copy of a full, final

adoption decree;

(x) For adopted children (not orphans)

applying under section 322 of the Act,

evidence that they satisfy the

requirements of section 101(b)(1)(E);

(xi) For adopted orphans applying

under section 322 of the Act, a copy of

notice of approval of a Form I–600

Petition to Classify Orphan as an

Immediate Relative, and supporting

documentation for such form (except

the home study); and

(xii) Evidence of all legal name

changes, if applicable, for child, U.S.

citizen parent, or U.S. citizen

grandparent.

(2) If the Service requires any

additional documentation to make a

decision on the Form N–600 or N–643,

parents may be asked to provide that

documentation under separate cover or

at the time of interview. Parents do not

need to submit documents that were

submitted in connection with: An

application for immigrant visa and

retained by the American Consulate for

inclusion in the immigrant visa package,

or another immigrant petition or

application and included in a Service

administrative file. Parents should

indicate that they wish to rely on such

documents and identify the

administrative file(s) by name and alien

number. The Service will only request

the required documentation again if

necessary.

§ 322.4 Who must appear for an interview

on the application for citizenship?

The U.S. citizen parent and the child

shall appear in person before a Service

officer for examination on the

application for certificate of citizenship.

§ 322.5 What happens if the application is

approved or denied by the Service?

(a) Approval of application. If the

application for certificate of citizenship

is approved, after the applicant takes the

oath of allegiance prescribed in 8 CFR

part 337, unless the oath is waived, the

Service will issue a certificate of

citizenship. The child is a citizen as of

the date of approval and administration

of the oath of allegiance.

(b) Denial of application. If the

decision of the district director is to

deny the application for a certificate of

citizenship under this section, the

applicant shall be furnished with the

reasons for denial and advised of the

right to appeal in accordance with the

provisions of 8 CFR 103.3(a). An

applicant may file an appeal on Form I–

290B, Notice of Appeal to the

Administrative Appeals Unit (AAU),

with the required fee prescribed in

§ 103.7(b)(1) of this chapter, in

accordance with the instructions therein

and with any supporting documentation

addressing the reasons for denial. To be

timely filed, an appeal must be filed

within 30 days of service of the

decision. After an application for a

certificate of citizenship has been

denied and the time for appeal has

expired, a second application submitted

by the same individual shall be rejected

and the applicant will be instructed to

submit a motion for reopening or

reconsideration in accordance with 8

CFR 103.5. The motion shall be

accompanied by the rejected application

and the fee specified in 8 CFR 103.7. A

decision shall be issued with

notification of appeal rights in all

certificate of citizenship cases,

including any case denied due to the

applicant’s failure to prosecute the

application.

PART 334—APPLICATION FOR

NATURALIZATION

7. The authority citation for part 334

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1443; 8 CFR part

2.

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 32147

§ 334.1 [Amended]

8. Section 334.1 is amended by

removing the reference to ‘‘322,’’.

§ 334.2 [Amended]

9. Section 334.2 is amended by

removing the reference to ‘‘322,’’ from

the first sentence in paragraph (a).

PART 337—OATH OF ALLEGIANCE

10. The authority citation for part 337

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1443, 1448; 8

CFR part 2.

§ 337.9 [Amended]

11. Section 337.9 is amended by

removing and reserving paragraph (b).

PART 338—CERTIFICATE OF

NATURALIZATION

12. The authority citation for part 338

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1443; 8 CFR part

2.

§ 338.4 [Removed and reserved]

13. Section 338.4 is removed and

reserved.

PART 341—CERTIFICATES OF

CITIZENSHIP

14. The authority citation for part 341

is revised to read as follows:

Authority: Pub. L. 82–414, 66 Stat. 173,

238, 254, 264, as amended; 8 U.S.C. 1103,

1409(c), 1443, 1444, 1448, 1452, 1455; 8 CFR

part 2.

15. Section 341.2 is amended by

revising paragraph (a)(1) introductory

text to read as follows:

§ 341.2 Examination upon application.

(a) * * *

(1) When testimony may be omitted.

An application received at a Service

office having jurisdiction over the

applicant’s residence may be processed

without interview if the Service officer

adjudicating the case has in the Service

administrative file(s) all the required

documentation necessary to establish

the applicant’s eligibility for U.S.

citizenship, or if the application is

accompanied by one of the following:

* * * * *

§ 341.7 [Amended]

16. Section 341.7 is amended by

removing and reserving paragraph (b).

Dated: June 5, 2001.

Kevin D. Rooney,

Acting Commissioner, Immigration and

Naturalization Service.

[FR Doc. 01–14579 Filed 6–12–01; 8:45 am]

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