H. R. 783
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To amend title III of the Immigration and Nationality Act to make changes in
the laws relating to nationality and naturalization.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration and Nationality
Technical Corrections Act of 1994’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—NATIONALITY AND NATURALIZATION
Sec. 101. Equal treatment of women in conferring citizenship to children born
abroad.
Sec. 102. Naturalization of children on application of citizen parent.
Sec. 103. Former citizens of United States regaining United States citizenship.
Sec. 104. Intent to reside permanently in the United States after naturalization.
Sec. 105. Terminology relating to expatriation.
Sec. 106. Administrative and judicial determinations relating to loss of citizenship.
Sec. 107. Cancellation of United States passports and consular reports of birth.
Sec. 108. Expanding waiver of the Government knowledge, United States history,
and English language requirements for naturalization.
Sec. 109. Report on citizenship of certain legalized aliens.
TITLE II—TECHNICAL CORRECTIONS OF IMMIGRATION LAWS
Sec. 201. American Institute in Taiwan.
Sec. 202. G–4 special immigrants.
Sec. 203. Clarification of certain grounds for exclusion and deportation.
Sec. 204. United States citizens entering and departing on United States passports.
Sec. 205. Applications for visas.
Sec. 206. Family unity.
Sec. 207. Technical amendment regarding one-house veto.
Sec. 208. Authorization of appropriations for refugee assistance for fiscal years
1995, 1996, and 1997.
Sec. 209. Fines for unlawful bringing of aliens into the United States.
Sec. 210. Extension of visa waiver pilot program.
Sec. 211. Creation of probationary status for participant countries in the visa
waiver pilot program.
Sec. 212. Technical changes to numerical limitations concerning certain special im-
migrants.
Sec. 213. Extension of telephone employment verification system.
Sec. 214. Extension of expanded definition of special immigrant for religious
workers.
Sec. 215. Extension of off-campus work authorization for students.
Sec. 216. Eliminating obligation of carriers to detain stowaways.
Sec. 217. Completing use of visas provided under diversity transition program.
Sec. 218. Effect on preference date of application for labor certification.
Sec. 219. Other miscellaneous and technical corrections to immigration-related pro-
visions.
Sec. 220. Waiver of foreign country residence requirement with respect to inter-
national medical graduates.
Sec. 221. Visas for officials of Taiwan.
H. R. 783—2
TITLE I—NATIONALITY AND
NATURALIZATION
SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZEN-
SHIP TO CHILDREN BORN ABROAD.
(a) IN GENERAL.—Section 301 of the Immigration and National-
ity Act (8 U.S.C. 1401) is amended—
(1) by striking the period at the end of paragraph (g)
and inserting ‘‘; and’’, and
(2) by adding at the end the following new paragraph:
‘‘(h) a person born before noon (Eastern Standard Time)
May 24, 1934, outside the limits and jurisdiction of the United
States of an alien father and a mother who is a citizen of
the United States who, prior to the birth of such person, had
resided in the United States.’’.
(b) WAIVER OF RETENTION REQUIREMENTS.—Any provision of
law (including section 301(b) of the Immigration and Nationality
Act (as in effect before October 10, 1978), and the provisos of
section 201(g) of the Nationality Act of 1940) that provided for
a person’s loss of citizenship or nationality if the person failed
to come to, or reside or be physically present in, the United States
shall not apply in the case of a person claiming United States
citizenship based on such person’s descent from an individual
described in section 301(h) of the Immigration and Nationality
Act (as added by subsection (a)).
(c) RETROACTIVE APPLICATION.—(1) Except as provided in para-
graph (2), the immigration and nationality laws of the United
States shall be applied (to persons born before, on, or after the
date of the enactment of this Act) as though the amendment made
by subsection (a), and subsection (b), had been in effect as of
the date of their birth, except that the retroactive application of
the amendment and that subsection shall not affect the validity
of citizenship of anyone who has obtained citizenship under section
1993 of the Revised Statutes (as in effect before the enactment
of the Act of May 24, 1934 (48 Stat. 797)).
(2) The retroactive application of the amendment made by
subsection (a), and subsection (b), shall not confer citizenship on,
or affect the validity of any denaturalization, deportation, or exclu-
sion action against, any person who is or was excludable from
the United States under section 212(a)(3)(E) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provi-
sion) or who was excluded from, or who would not have been
eligible for admission to, the United States under the Displaced
Persons Act of 1948 or under section 14 of the Refugee Relief
Act of 1953.
(d) APPLICATION TO TRANSMISSION OF CITIZENSHIP.—This sec-
tion, the amendments made by this section, and any retroactive
application of such amendments shall not effect any residency or
other retention requirements for citizenship as in effect before Octo-
ber 10, 1978, with respect to the transmission of citizenship.
SEC. 102. NATURALIZATION OF CHILDREN ON APPLICATION OF CITI-
ZEN PARENT.
(a) IN GENERAL.—Section 322 of the Immigration and National-
ity Act (8 U.S.C. 1433) is amended to read as follows: