To amend the Immigration and Nationality Act to waive certain naturalization requirements for United States nationals, and for other purposes.
Bill: H.R.1941 | Sponsor: Del. Radewagen, Aumua Amata Coleman (R-AS)
Policy area: Immigration

Summary:
This bill waives certain requirements for U.S. nationals applying for citizenship.
Currently, individuals born in an outlying possession (i.e., American Samoa or Swains Island) are U.S. nationals but do not automatically acquire citizenship through birth in an outlying possession.
Under this bill, a U.S. national who otherwise qualifies may become a citizen upon establishing residence and physical presence in a U.S. outlying possession. Currently, U.S. nationals must become a resident of a state to qualify for naturalization.
The bill also waives certain naturalization requirements, including those related to English language proficiency and participation in a public ceremony, for individuals who have continuously resided in an outlying possession or state from birth to the approval of a naturalization application.
Furthermore, upon meeting other requirements, this bill allows a child born abroad of a U.S. citizen parent to acquire citizenship by establishing presence and residency in an outlying possession, where currently such a child must be lawfully present in the United States to acquire citizenship through this method.

To amend the Immigration and Nationality Act to waive certain 
naturalization requirements for United States nationals, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WAIVER OF CERTAIN NATURALIZATION REQUIREMENTS FOR UNITED 
              STATES NATIONALS TO BECOME UNITED STATES CITIZENS.

    (a) Findings.--The Congress finds the following:
            (1) Both United States citizens and United States nationals 
        are persons who owe permanent allegiance to the United States.
            (2) United States nationals serve in the United States 
        Armed Services at a very high per capita rate.
            (3) Commissioned military officers and certain security 
        clearances require United States nationals to become United 
        States citizens.
            (4) Many United States nationals desire to become United 
        States citizens.
            (5) United States nationals attend United States Department 
        of Education curriculum-approved and regulated schools.
            (6) United States nationals serving in the military or 
        other United States national civilians desiring to obtain 
        United States citizenship should be entitled to citizenship on 
        an expedited basis without having to move, having any further 
        educational testing required, or having any fee or cost 
        assessed.
    (b) Naturalization of Certain United States Nationals.--Section 325 
of the Immigration and Nationality Act (8 U.S.C. 1436) is amended to 
read as follows:

``SEC. 325. NATIONALS BUT NOT CITIZENS OF THE UNITED STATES; RESIDENCE 
              WITHIN OUTLYING POSSESSIONS.

    ``(a) Eligibility for Naturalization.--A person not a citizen who 
owes permanent allegiance to the United States, and who is otherwise 
qualified, may--
            ``(1) if the person becomes a resident of any State, be 
        naturalized upon compliance with the applicable requirements of 
        this title, except that in applications for naturalization 
        filed under the provisions of this section, residence and 
        physical presence within the United States within the meaning 
        of this title shall include residence and physical presence 
        within any of the outlying possessions of the United States; or
            ``(2) if the person has continuously resided in any State 
        or outlying possession of the United States from birth to the 
        date of approval of the application, be naturalized upon 
        compliance with the applicable requirements of this title other 
        than sections 312 and 337(a) and paragraphs (1) and (2) of 
        section 316(a).
    ``(b) Jurisdiction.--The Secretary shall provide that applications, 
interviews, filings, oaths, ceremonies, or other proceedings under this 
title, to the extent applicable, are available in an outlying 
possession of the United States with respect to--
            ``(1) any applicant for naturalization under subsection 
        (a)(2);
            ``(2) any applicant for naturalization under section 328 or 
        329 who is a resident of an outlying possession of the United 
        States; or
            ``(3) any child described in section 322(a)(5)(B) for whom 
        an application is made under section 322.
    ``(c) Construction.--In determining eligibility for naturalization 
under subsection (a)(2)--
            ``(1) absence from any State or outlying possession of the 
        United States for a continuous period of more than 180 days 
        shall break the continuity of such residence, unless the person 
        establishes to the satisfaction of the Secretary of Homeland 
        Security that the person did not abandon such person's 
        residence during such period;
            ``(2) in conducting the investigation and examination of 
        the person under sections 332(a) and 335, the Secretary of 
        Homeland Security may in the discretion of the Secretary waive 
        a personal interview of the person; and
            ``(3) the Secretary of Homeland Security, in the discretion 
        of the Secretary, may impose a reduced fee for an application 
        for naturalization under such subsection compared to other 
        applications for naturalization, taking into account the 
        relative costs of processing an application for naturalization 
        under such subsection.''.
    (c) Children of United States Nationals.--Section 322(a)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1433(a)(5)) is amended to 
read as follows:
            ``(5) The child--
                    ``(A) is temporarily present in the United States 
                pursuant to a lawful admission, and is maintaining such 
                lawful status; or
                    ``(B) is present and resides in an outlying 
                possession of the United States''.
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