REQUEST FOR A BILL TO BE INTRODUCED IN CONGRESS FOR ASUBSTANTIVE NATURALIZATION APPLICATION PREREQUISITES ACT             ...
As things stand now, far too many applicants for naturalization simply try to “put in the minimaltime required to qualify ...
“Although the definition of residency in the statute is simple, the clarifying provisions         regarding individuals wh...
U.S. v. Parviz BANAFSHE, 616 F.2d 1143, (9th Cir., 1980) held that 8 U.S.C. § 1451(d) was stillvalid and Banafshe was a pr...
Found unconstitutional, INA 340 [8 U.S.C. § 1451] was repealed as of 10/ 25/1994 :            (d) If a person who shall ha...
This Supreme Court case is found at: http://openjurist.org/231/us/9/george-luria-v-united-states..Excerpts from the 1913, ...
declaration and his application for admission to citizenship; third, that as a condition to         his admission the cour...
8 C.F.R. § 316.5 Residence in the United States.           (c) Disruption of continuity of residence —              Absenc...
INA 319 [8 U.S.C. 1430] Married persons and employees of certain nonprofitorganizations.            (b) Any person, (1) wh...
General may be material to the applicants naturalization, and required to be proved         under this subchapter. In the ...
the official files of the Service office where the application was filed. The duplicate of the         declaration of inte...
subdivision thereof, after attaining the age of eighteen years for which                           office, post, or employ...
Analysis of the Current Problem:Far too frequently, poor quality candidates for naturalization make little or no effort to...
no intention of leaving until they either file for a greencard or get a greencard approved.These folks have discovered tha...
Conclusion and Recommendation:I urge Congress to pass an act to strengthen the naturalization prerequisites and the proces...
pending against the applicant a removal proceeding pursuant to a warrant of arrest issued underthe provisions of this or a...
(c) The burden of proof shall be upon such person to show that he entered the United Stateslawfully, and the time, place, ...
lawful admission for permanent residence.(c) Hearings under section 336(a) [8 U.S.C. 1447(a)] on applications for naturali...
both a written declaration, under penalty of perjury and contained within the application fornaturalization; and an oral d...
filed in duplicate and in a form prescribed by the Secretary of Homeland Security and shall beaccompanied by an applicatio...
Former INA 338 [8U.S.C. 1449] Certificate of naturalization; contents, read:“A person admitted to citizenship in conformit...
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A Request to Introduce a Bill in Congress to strengthen naturalization requirements. Stop SSI abuse. Contact Congress about this injustice. Stop cheapening America. The U.S. and SSI are not the third world's retirement system!

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Snap act proposal substantive naturalization application prerequisites act.docx

  1. 1. REQUEST FOR A BILL TO BE INTRODUCED IN CONGRESS FOR ASUBSTANTIVE NATURALIZATION APPLICATION PREREQUISITES ACT The SNAP ActBackground Issue:There is an unpleasant resurging trend that the United States has seen all too much of. Theproblem first reared its ugly head beginning in the first years after the Revolutionary War andcontinues to the present day. Far too many applicants for naturalization lack any “intent toreside permanently in the United States” 1. after naturalization, and 2. prior to naturalization--some attempt to spend as little statutorily required time as possible in the United States and even, 3. during the naturalization application process, itself, immediately after or even departing before filing an N-400 and sometimes filing from abroad.In the following excerpts, recent and old cases are presented that demonstrate that someindividuals seek to attain U.S. citizenship through naturalization while rubbing the collectivenose of the United States in the dirt. There are, at present, only two very minor and restrictiveinstances in the Immigration and Nationality Act (INA) [8 U.S.C.] in which an applicant fornaturalization is actually required to declare before the [ Secretary of Homeland Securityor USCIS] in good faith an intention to take up residence within the United States andthen only immediately upon the termination of qualifying employment abroad of either theirUSC spouse or him/herself if employed by a bona fide United States incorporated nonprofitorganization which is principally engaged in conducting abroad through communications mediathe dissemination of information which significantly promotes United States interests abroad andwhich is recognized as such by the United States Government. See INA 319(b) and (c).A statutory “declaration of intention to primarily reside within the United States afternaturalization for the foreseeable future” is sorely lacking in the Immigration and NationalityAct. I urge Congress to amend the INA to include as an overall, basic, underlying prerequisite tonaturalization, for the naturalization applicant to make both a written declaration, under penaltyof perjury, and oral declaration, under oath, as part of the formal application for naturalization,and as part of the standard naturalization examination, a declaration of intent to primarily residewithin the United States, except as otherwise provided under the Immigration and NationalityAct1, upon making an application for naturalization, and admission to citizenship thereto, and forthe foreseeable future.1 INA 324 [8 U.S.C. 1435] allows for: a woman who lost citizenship due to marriage to an alien to resume her U.S citizenship,or any citizen of the United States at birth who lost such citizenship for failure to meet the now repealed physical presenceretention requirements, but exempts them from residing in the U.S. They may subscribe to an Oath before a Consular Officerwhile abroad or within the U.S. may file a form N-600 with USCIS. INA 330 [8 U.S.C. 1441] allows for the naturalization ofseamen or “Merchant Marines” who are LPR’s serving on U.S. vessels and may continue to do so as a vocation.SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 1
  2. 2. As things stand now, far too many applicants for naturalization simply try to “put in the minimaltime required to qualify to file an N-400” and depart the U.S. OR, even worse, depart the U.S.and then filing an N-400 either from a fake, fraudulent or “borrowed” address in the U.S. oreven file from abroad (not discounting U.S. Military members and dependents under INA329 or 319(e), or qualified applicants filing an N-600, as a military dependent or member, or aqualifying child filing an N-600K under INA 322, who is supposed to be residing abroad with theUSC parent).A Case in point is McElhaney v. USCIS et al, E. Dist. CT, Case 3:09-cv-01474-CFD Document44, Filed 10/20/10.Found at: http://bulk.resource.org/courts.gov/recop/pacer/ecf.ctd/04112672122.pdfMs. McElhaney, moved her primary residence to Canada, moved her daughter to Canada andenrolled her in school there, her lesbian partner lost her job in the U.S. and also moved to Canadawhere they married. McElhaney sold her house in CT, reduced her employment at the Universityof CT and reduced her U.S. income to approximately 10% overall and filed with the IRS as anon-resident, spending around 80% of her time in Canada. She made only a few short trip to theU.S. after filing the N-400, being careful never to be absent for a solid year at any one time. Sheused (then eventually “rented”) a room at a friend’s house from which to file her N-400 and triedto pass off as her U.S. residence. Her N-400 was denied by USCIS and that decision was upheldin court.From the above case: [Substitute Secretary of Homeland Security for Attorney General.] “Under the Immigration and Nationality Act (“INA”), the Attorney General has the “sole authority to naturalize persons as citizens of the United States . . . .” 8 U.S.C. § 1421(a). However, judicial review of CIS’s naturalization decisions is available in limited circumstances. According to 8 U.S.C. § 1421(c), this Court has the authority to review and decide de novo McElhaney’s application for naturalization. Summary judgment is appropriate in de novo proceedings pursuant to 8 U.S.C. § 1421(c). Chan v. Gantner, 464 F.3d 289, 295–96 (2d Cir. 2006). “It is well settled that the burden is on the alien applicant to show his eligibility for citizenship in every respect. I.N.S. v. Pangilinan, 486 U.S. 875, 886 (1988). “No alien has the slightest right to naturalization unless all statutory requirements are complied with . . .” U.S. v. Ginsberg, 243 U.S. 472, 475 (1917). This Court must strictly comply with all of the congressionally imposed prerequisites to the acquisition of citizenship. See Fedorenko v. U.S., 449 U.S. 490, 506 (1981).”In stark contrast to the above cited case is, Yu ping LI v. Chertoff et al, Dist. MA, cv- 06-10963-JLT, filed June 12, 2007, found at:http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=tauro/pdf/li_v_chertoff.pdfSNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 2
  3. 3. “Although the definition of residency in the statute is simple, the clarifying provisions regarding individuals who have been abroad for less than a year make clear that, in this case, residency cannot be reduced to a simple test. Assessing the facts of this case, the court concludes that Plaintiff has not abandoned her U.S. residence. Accordingly, Plaintiff’s Motion for Summary Judgment is ALLOWED. Defendants’ Cross-Motion for Summary Judgment is DENIED. Defendants shall promptly naturalize Plaintiff. By September 10, 2007, Defendants shall file with this court proof that Plaintiff has been naturalized. An order will issue.”The statutory definition of residence referred to in the preceding case is:INA 101 [8 U.S.C. 1101] (a) As used in this Act-- (33) The term "residence" means 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.Li lost her job in the U.S. and decided to study Dentistry full time in Canada and she actuallyacquired Canadian permanent resident status, her spouse also relocated to Canada. They,however, did not sell their house in the U.S. In what I believe was a miscarriage of justice, theCourt ordered that she be naturalized. The government appealed to the First Circuit Court ofAppeals in September 2008, but I could not find out, at this writing, if the case has been decidedand if so, how it ended.At the turn of the 20thCentury, the matter of a naturalization applicant’s intentions was anissue of importance and remains so in the 21st Century, perhaps even more so in the age ofinternational and global terrorism and home-grown terrorists, whose biggest target consists ofthe citizens and residents of the United States of America.In the case of: Luria v. United States, 231 U.S. 9, 34 S. Ct. 10, 58 L. Ed. 101 (1913), it wasrecognized by the U.S. Supreme Court that a grant of naturalization is a mutual agreementbetween the naturalization applicant and the United States of America. Certain naturalizationapplicants today lack any sense of loyalty or patriotism to the U.S. and gain citizenship forulterior motives and simply for personal gain. A certain statutory provision enacted to counterthe undesirable trend was later ruled unconstitutional as an overreaction by Congress and bytreating naturalized and born citizens differently. The provision, 8 U.S.C. § 1451(d), below,which was later found unconstitutional, was strikingly similar to Section 15 of the Act of 1906,shown further below.SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 3
  4. 4. U.S. v. Parviz BANAFSHE, 616 F.2d 1143, (9th Cir., 1980) held that 8 U.S.C. § 1451(d) was stillvalid and Banafshe was a prime example of the unscrupulous person it was designed to guard ournation against..This case found at: http://ftp.resource.org/courts.gov/c/F2/616/616.F2d.1143.78-2685.html “Parviz Banafshe appeals the judgment of the district court revoking his naturalization as a citizen of the United States on the ground that, under 8 U.S.C. § 1451(a) and (d), he lacked the intent to reside permanently in the United States at the time he filed his petition for naturalization. Banafshe contends that the rebuttable presumption in § 1451(d) which presumes that persons who become permanent foreign residents within five years after naturalization lacked the intent to become permanent United States citizens at the time of their application, is unconstitutional. Banafshe further contends that, even if the presumption is constitutional, he produced sufficient evidence to rebut the presumption. We find that the presumption is not unconstitutional and was not rebutted by Banafshe, and affirm the judgment of the district court. Banafshe, a native citizen of Iran, entered the United States as a visitor in 1963 when he was 21 years old. That same year, he married a United States citizen and adjusted his status to that of a permanent resident alien. The marriage ended by annulment within a year. Banafshe continued to reside in the United States, and in 1969 filed a petition for naturalization. The petition was granted and Banafshe was admitted to citizenship in September 1969. In June 1970, after giving up his apartment, selling his car, and terminating his job in the United States, Banafshe returned to Iran. He took up residence in Iran, married an Iranian citizen, acquired an interest in an apartment house, and established his own business. In August 1976 the Government commenced proceedings to revoke Banafshes naturalization on the ground that he obtained citizenship by concealing his intent to take up permanent residence in Iran, which is ground for revocation under 8 U.S.C. § 1451(a) and (d). At trial, the Government offered the affidavit of the American vice-consul in Tehran. The affidavit stated that Banafshe established a permanent residence in Iran in 1970. It further stated that: ‘He owns no property in the U.S. and maintains no permanent residence but has an established business in Tehran, Iran, and owns 1/3 of a house in Tehran. He has no family ties in the U.S. but his entire family, including wife, are Iranian nationals living in Iran. Mr. Banafshe has not renounced his Iranian nationality.’”.SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 4
  5. 5. Found unconstitutional, INA 340 [8 U.S.C. § 1451] was repealed as of 10/ 25/1994 : (d) If a person who shall have been naturalized shall, within five years after such naturalization, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such person to reside permanently in the United States at the time of filing his petition for naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancellation of the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively. The diplomatic and consular officers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Department of Justice with statements of the names of those persons within their respective jurisdictions who have been so naturalized and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, duly certified, shall be admissible in evidence in all courts in proceedings to revoke and set aside the order admitting to citizenship and to cancel the certificate of naturalization.The preceding was repealed October 25, 1994, by Sec. 104 (b), below of the “IMMIGRATIONAND NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994”. Sec. 104 (a) wasoverkill. The proposed amendments of the SNAP Act take into account the Constitutionalityissue as will be evident later on.SEC. 104. INTENT TO RESIDE PERMANENTLY IN THE UNITED STATES AFTERNATURALIZATION. (a) IN GENERAL.--Section 338 of the Immigration and Nationality Act (8 U.S.C. 1449) isamended by striking "intends to reside permanently in the United States, except in cases fallingwithin the provisions of section 324(a) of this title,". (b) CONFORMING REPEAL.--Section 340(d) of such Act (8 U.S.C. 1451(d)) is repealed..After that section was struck down and formally repealed, a different section of the INA wasamended to address the actions by which either a native-born or naturalized citizen could losetheir citizenship by certain affirmative acts. That is covered by INA 349 [8 U.S.C. 1481].SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 5
  6. 6. This Supreme Court case is found at: http://openjurist.org/231/us/9/george-luria-v-united-states..Excerpts from the 1913, Luria case, referenced previously:. “Prior to 1906, the "Uniform Rule of Naturalization" authorized by the Constitution was found in the Act of 1802 and a few amendments thereto. This enumerated only general controlling principles. Grievous abuses having arisen, Congress undertook, by the Act of June 29, 1906, 34 Stat. 596, to prescribe "and fix a uniform system and a code of procedure in naturalization matters." Report Committee on Immigration and Naturalization, H.R. 1789, Feb. 26, 1906. This specifies with circumstantiality the manner ("and not otherwise") in which an alien may be admitted to become a citizen of the United States; what his preliminary declaration shall be; form and contents of his sworn petition to the court and witnesses by which it must be verified; form of oath to be taken in open court; necessary proof concerning residence, character, etc. The clerk is required to post notice of the petition with details concerning applicant, when final hearing will take place, names of witnesses by which alleged facts are to be established, etc. And it is further provided:…………. Section 15. That it shall be the duty of the United States district attorney for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and cancelling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured. In any such proceedings the party holding the certificate of citizenship alleged to have been fraudulently or illegally procured shall have sixty days personal notice in which to make answer to the petition of the United States, and if the holder of such certificate be absent from the United States or from the district in which he last had his residence, such notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state or the place where such suit is brought.’" . “Citizenship is membership in a political society, and implies a duty of allegiance on the part of the member and a duty of protection on the part of the society. These are reciprocal obligations, one being a compensation for the other. Under our Constitution, a naturalized citizen stands on an equal footing with the native citizen in all respects, save that of eligibility to the Presidency. Minor v. Happersett, 21 Wall. 162, 165, 22 L. ed. 627; Elk v. Wilkins, 112 U. S. 94, 101, 28 L. ed. 643, 645, 5 Sup. Ct. Rep. 41; Osborn v. Bank of United States, 9 Wheat. 738, 827, 6 L. ed. 204, 225. Turning to the naturalization laws preceding the act of 1906, being those under which Luria obtained his certificate, we find that they required, first, that the alien, after coming to this country, should declare on oath, before a court or its clerk, that it was bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign sovereignty; second, that at least two years should elapse between the making of thatSNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 6
  7. 7. declaration and his application for admission to citizenship; third, that as a condition to his admission the court should be satisfied, through the testimony of citizens, that he had resided within the United States five years at least, and that during that time he had behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; and, fourth, that at the time of his admission he should declare on oath that he would support the Constitution of the United States, and that he absolutely and entirely renounced and abjured all allegiance and fidelity to every foreign sovereignty. These requirements plainly contemplated that the applicant, if admitted, should be a citizen in fact as well as in name,—that he should assume and bear the obligations and duties of that status as well as enjoy its rights and privileges. In other words, it was contemplated that his admission should be mutually beneficial to the government and himself, the proof in respect of his established residence, moral character, and attachment to the principles of the Constitution being exacted because of what they promised for the future, rather than for what they told of the past.” [Emphasis added.].Current Rules:.INA 316 [8 U.S.C. 1427] Requirements of naturalization.. (a) Residence . No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, and (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. . (b) Absences . Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 1447(a) [INA 336 (a)] of this title, shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period. ……….SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 7
  8. 8. 8 C.F.R. § 316.5 Residence in the United States. (c) Disruption of continuity of residence — Absence from the United States — 1. i. For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a) (6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: A. The applicant did not terminate his or her employment in the United States; B. The applicants immediate family remained in the United States; C. The applicant retained full access to his or her United States abode; or D. The applicant did not obtain employment while abroad. ii. For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicants residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicants return to the United States to resume permanent residence. An applicant described in this paragraph2 who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicants return to the United States to resume permanent residence.Applicants have tried to misuse this regulation by purposely taking a trip just over six month,and immediately filing four years and one day later, trying to apply up to three additionalmonths early by also trying to invoke the three month early filing afforded under INA 334(a)and even trying to file three months early of reaching the remedial period of residence.2Paragraph (c) is in two parts, (i) and (ii). The remedy has application to both, but does not allow one to file any earlier than statutorily allowed at4 (or 2) years and 9 months as afforded by INA 334(a).SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 8
  9. 9. INA 319 [8 U.S.C. 1430] Married persons and employees of certain nonprofitorganizations. (b) Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and (C) regularly stationed abroad in such employment, and (2) who is in the United States at the time of naturalization, and (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required. (c) Any person who (1) is employed by a bona fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and (2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and (3) who files his application for naturalization while so employed or within six months following the termination thereof, and (4) who is in the United States at the time of naturalization, and (5) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified period of physical presence within the United States or any State or district of the Service in the United States, or proof thereof, shall be required.INA 334 [8 U.S.C. 1445] Application for naturalization; declaration of intention. (a) Evidence and form An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicants own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the AttorneySNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 9
  10. 10. General may be material to the applicants naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under section 1427(a) [INA 316(a)] or 1430(a) [INA 319(a)] of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement. ………. (f) Declaration of intention. An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General. Nothing in this subsection shall be construed as requiring any such alien to make and file a declaration of intention as a condition precedent to filing an application for naturalization nor shall any such declaration of intention be regarded as conferring or having conferred upon any such alien United States citizenship or nationality or the right to United States citizenship or nationality, nor shall such declaration be regarded as evidence of such aliens lawful admission for permanent residence in any proceeding, action, or matter arising under this chapter or any other Act.8 C.F.R. § 334.1 Filing of application for naturalization. Any person, who is an applicant under sections 316, 319, 324, 325, 327, 328, 329, or 330 of the Act and the corresponding parts of this chapter, may apply for naturalization in accordance with the procedures prescribed in this chapter in accordance with the instructions on the form.8 C.F.R. § 334.2 Application for naturalization. (b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.8 C.F.R. § 334.11 Declaration of intention. (a) Application. Any person who is a lawful permanent resident over 18 years of age may file an application for a declaration of intention to become a citizen of the United States while present in the United States. Such application, with the requisite fee, shall be filed on Form N–300. (b) Approval. If approved, the application for the declaration of intention, page 1 of Form N–300, shall be retained and filed in the applicants Service file. The original of the declaration of intention, page 2 of Form N–300, shall be filed in chronological order inSNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 10
  11. 11. the official files of the Service office where the application was filed. The duplicate of the declaration of intention, page 3 of Form N–300, shall be delivered to the applicant. (c) Denial. If an application is denied, the applicant shall be notified in writing of the reasons for denial. No appeal shall lie from this decision.The above mentioned form, the N-300, is not required for naturalization under the INA. Itmay still have some small use to comply with state or local business or professional licensingor for certain post-secondary educational opportunities and/or scholarship programs, andcertain service or community organizations in the private sector. INA 334(f) would not bemissed, if repealed.INA 349 [8 U.S.C. 1481] Loss of Nationality BY NATIVE-BORN OR NATURALIZEDCITIZEN (a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality- (1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or (2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or (3) entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serve as a commissioned or non-commissioned officer; or (4) (A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or (B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a politicalSNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 11
  12. 12. subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or (5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or (6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or (7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, United States Code, or willfully performing any act in violation of section 2385 of title 18, United States Code, or violating section 2384 of said title by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if an d when he is convicted thereof by a court martial or by a court of competent jurisdiction. (b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after the enactment of this subsection under, or by virtue of, the provisions of this or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.INA 101 [8 U.S.C. 1101] (a) As used in this Act--(38) The term "United States", except as otherwise specifically herein provided, when used in ageographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, theVirgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands .SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 12
  13. 13. Analysis of the Current Problem:Far too frequently, poor quality candidates for naturalization make little or no effort to enter intothe society in which they request the privilege of citizenship. They spend the bare minimum oftime inside the United States in order to qualify for naturalization, often scrambling and fightingto have their back-to-back pattern of “just under six month absences” declared as not disruptingthe continuity of their residence for naturalization purposes. As the cases cited above will attest,there is no single group that is immune from this reprehensible practice. Of late there is a waveof Asians, Canadians, Central and South Americans, Middle Easterners, and Europeans playingthis game.It is important to understand that the origin of the continuous residence requirement asa prerequisite to naturalization dates back to the Naturalization Act of 1790, which atthat time required two years residence. The idea was, and remains, to allow a person tobecome "Americanized" or join into the society in which they desire citizenship and will enjoythe right to vote or serve on juries or hold any but the highest office. This residence has alwaysbeen tied to the period immediately before naturalization in an effort to have a person enter thesociety as it currently exists.The logistics of travel in 1790, were a far cry from what we have today. Generally, a person cango from one side of the globe to the other in a day rather than spending weeks at sea relying onthe wind to cross the oceans from continent to continent. The internet, satellite phones, webcams,CNN and the BBC have shrunk the world as far as information is concerned but such things donot allow for the indoctrination into a society such as is desired for naturalization.If a person gets a greencard3,and immediately, or shortly thereafter, returns home for longperiods with only a few "visits" to the U.S. to maintain LPR status, then finally comes to stay inthe U.S. just barely long enough to file for naturalization, the mere fact of having a greencardfor a long enough period of time does not prepare that person to join the American society as itcurrently exists. They are strangers in a strange land and unprepared to become part of "We thePeople...".The current pattern is often that a 21 to 30 something year old adult son or daughter, who oftenwill have entered as a student and then either married a USC to get a greencard or got an H1-B visa and then employment-based adjustment of status, will naturalize as a USC and try toimmigrate their parents and sometimes siblings (or children or a “new” yet “prior” spouse).The U.S. based immigrant will try to get their alien parents into the U.S. either, immediatelybefore, during, or immediately after naturalization, on B-2 “tourist” visas with absolutely3“Greencard” is the common name for a USCIS Form I-551, Permanent Resident Card. This is a world renowned prized possesion of a lawfulpermanent resident of the United States of America. The “key to the kingdom” with its streets “paved with gold”, the ultimate “welfare state”.SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 13
  14. 14. no intention of leaving until they either file for a greencard or get a greencard approved.These folks have discovered that the unlawful presence bar, under INA 212(a) (9)(B), toreturning to the U.S. for either three years following an overstay of 180 days but under one year,or a ten year bar for unlawful presence of one year or more poses problems..Instead of a parent simply “coming for a visit” to their adult USC child and immediately filingfor adjustment of status, getting a greencard in a few months, and heading back home, they areoften either flatly denied a tourist visa under INA 214(b) as an “intending immigrant” or theyhave to come long before the adult child naturalizes. They are then stuck in the U.S. until theyget a greencard..If they can manage to enter on a tourist visa which is routinely given an initial six monthadmission, and file for an extension of stay with USCIS just before their I-94 expires (which isroutinely denied but if it was properly filed and while pending prevents accumulation of unlawfulpresence), they may be able to give their adult child enough time to file for naturalization and besworn as a USC before the parent overstays more than six months. The parent then immediatelyobtains Advance Parole to allow them to travel abroad while the I-485 is in process..The processing procedures for adjustment of status includes filing an I-130, Petition for AlienRelative by the USC adult child concurrently with the parent’s I-485, Application for Adjustmentof Status, I-765, Application for Employment Authorization, and I-131, Application for TravelDocument (includes Advance Parole). Shortly after filing (less than a month) they go getfingerprinted and immediately depart the U.S. When the Advance Parole is received by the U.S.kid, it is sent abroad. When the interview appointment notice is received at the U.S. address, theparents fly back only long enough to interview and file for, and get fingerprinted for a re-entrypermit. A re-entry permit allows a greencard holder to be outside the U.S. for up to two yearsat a time. The first and second re-entry permits are given as a matter of routine. A third re-entrypermit may be issued for one year or may be denied.By abusing the re-entry permits, the new immigrants manage to put in the bare minimum of 30months physical presence in the U.S. over the course of five years since getting a greencard, filetheir N-400 and immediately depart the U.S. or even file it from abroad either directly or havesomeone mail it in the U.S. for them on the very first day that they are eligible to file. Under INA334(a) an N-400 can be filed three months early at four years, nine months and one day..They only return to the U.S. when they have to get fingerprinted, interview with USCIS, and forthe Oath. They will remain in the U.S. long enough to do two things after that. First they notifythe Social Security Administration of their new citizen status and file for SSI. Then apply fora passport. Once they arrange for direct deposit of their SSI benefit they return to their homecountry and live off the American taxpayers. They used to do the SSI scam without having to gothrough the improper naturalization but Congress put a stop to that, thus, forcing them to changethe modus operendi for this scam.SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 14
  15. 15. Conclusion and Recommendation:I urge Congress to pass an act to strengthen the naturalization prerequisites and the process,as well as, the meaningfulness of United States Citizenship. I do not suggest that any partof the INA be stricken. Although, 334(f) would not be missed if it were repealed. Instead, Iask that some additions be made. I propose a name for the legislation as the “SubstantiveNaturalization Application Prerequisites Act” or SNAP Act.A large group of poor quality naturalization applicants have found the remedial and customerservice oriented provisions of the INA, that were initially passed to benefit the truly deservingnaturalization applicants who due to actual emergent life events, such as occupational andfamilial obligations, and twisted them into misused loopholes. It is time to turn the loopholesinto a noose and choke off the bad actors in this story of deceit and abuse. I say, leave theloopholes as is, to be utilized by the individuals that they were created for but add specificlanguage to existing provisions crafted to block the improper use as described in the precedinganalysis section.There is already a section of the INA that addresses prerequisites to naturalization. Thefollowing is the current version of the law. Although the delegation of statutory authorityhas shifted from the Attorney General to the Secretary of Homeland Security, the “Official”versions of the INA and corresponding Title 8, of the United States Code, have yet to be fullycorrected to reflect that change. Indeed certain sections of the INA have true ambiguity overshared authority. This, however, is not one of them. There is a precise split in INA 318 provisothat involves both.INA 318 [8 U.S.C. 1429] PREREQUISITES TO NATURALIZATION; BURDEN OFPROOFExcept as otherwise provided in this title, no person shall be naturalized unless he has beenlawfully admitted to the United States for permanent residence in accordance with all applicableprovisions of this Act. The burden of proof shall be upon such person to show that he enteredthe United States lawfully, and the time, place, and manner of such entry into the United States,but in presenting such proof he shall be entitled to the production of his immigrant visa, if any,or of other entry document, if any, and of any other documents and records, not considered bythe Attorney General to be confidential, pertaining to such entry, in the custody of the Service.Notwithstanding4 the provisions of section 405(b) , and except as provided in sections 328and 329 no person shall be naturalized against whom there is outstanding a final finding ofdeportability pursuant to a warrant of arrest issued under the provisions of this or any other Act;and no application for naturalization shall be considered by the Attorney General if there is4Definitions of notwithstanding:however: despite anything to the contrary (usually following a concession); "although Im a little afraid, however Id like to try it"; "while wedisliked each other, nevertheless we agreed"; "he was a stern yet fair master"; "granted that it is dangerous, all the same I still want to go"wordnetweb.princeton.edu/perl/webwnNevertheless, all the same; Although; In spite of, despite en.wiktionary.org/wiki/notwithstandingSNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 15
  16. 16. pending against the applicant a removal proceeding pursuant to a warrant of arrest issued underthe provisions of this or any other Act: Provided, That the findings of the Attorney Generalin terminating removal proceedings o r in canceling the removal of an alien pursuant to theprovisions of this Act, shall not be deemed binding in any way upon the Attorney General withrespect to the question of whether such person has established his eligibility for naturalization asrequired by this title.INA Sec. 405. [8 U.S.C. 1101, note] Savings Clause.(b) Except as otherwise specifically provided in title III, any petition for naturalization heretoforefiled which may be pending at the time this Act shall take effect shall be heard and determined inaccordance with the requirements of law in effect when such petition was filed.The altered version of this section of the INA under the SNAP Act would read as follows:INA 318 [8 U.S.C. 1429] PREREQUISITES TO NATURALIZATION; BURDEN OFPROOF(a) Except as otherwise provided in this title, no person shall be naturalized unless that personhas: 1. been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this Act, 2. not abandoned the permanent residence described in (1) through any affirmative act as described elsewhere in this Act to include sections 349(a) [8 U.S.C. 1481(a)] and, 3. not attained a concurrent lawful permanent resident status, by whatever precise label, in another country, after attaining such status in the United States, unless relinquished as proscribed in (a)(4) or 4. relinquished such prior or subsequent lawful permanent resident status, prior to filing an application for naturalization, which was attained under the laws of any other country that is not: i. his or her home country of birth, whether a citizen or not, or, ii. immediate previous country of citizenship, if not his or her country of birth, except to the extent provided by section 337 [8 U.S.C. 1448] of this title, or, iii. country of nationality or citizenship by any laws of descent under the principle of jus sanguinis, except to the extent provided by section 337 [8 U.S.C. 1448] of this title, and 5. fully complied with the requirements of the specific section under which (s)he seeks to be naturalized, and especially section 334(a) [8 U.S.C. 1445(a)] of this Act.(b) The burden of proof is on the alien applicant to show his eligibility for citizenship in everyrespect and let it be clearly known that no alien has the slightest right to naturalization unless allcongressionally mandated statutory requirements are complied with.SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 16
  17. 17. (c) The burden of proof shall be upon such person to show that he entered the United Stateslawfully, and the time, place, and manner of such entry into the United States, but in presentingsuch proof he shall be entitled to the production of his immigrant visa, if any, or of other entrydocument, if any, and of any other documents and records, not considered by the Department ofHomeland Security or the Department of Justice to be confidential, pertaining to such entry, inthe custody of such Department. This subparagraph (c) shall apply to the whole of this Act.(d) Notwithstanding the provisions of section 405(b) , and except as provided in sections 328and 329 no person shall be naturalized against whom there is outstanding a final finding ofdeportability pursuant to a warrant of arrest issued under the provisions of this or any other Act.(e) No application for naturalization shall be considered by the Secretary of Homeland Securityif there is pending against the applicant a removal proceeding pursuant to a warrant of arrestissued under the provisions of this or any other Act. Such an application for naturalizationshall immediately be dismissed without prejudice to the filing of a new application in thefuture if removal proceedings are concluded in the alien’s favor and (s)he qualifies to apply fornaturalization under any applicable section of this Act, at that time or any time in the future.Provided, That the findings of the Attorney General in terminating removal proceedings or incanceling the removal of an alien pursuant to the provisions of this Act, shall not be deemedbinding in any way upon the Secretary of Homeland Security with respect to the question ofwhether such person has established his eligibility for naturalization as required by this title.There is already a section of the INA that addresses the very basic filing of an applicationfor naturalization. The following is the current version of the law, specifically INA 334(a)[8 U.S.C. 1445(a)]. Although the change of statutory authority has shifted from the AttorneyGeneral to the Secretary of Homeland Security, the “Official” versions of the INA andcorresponding Title 8, of the United States Code, have yet to be fully corrected to reflect thatchange. Indeed certain sections of the INA have true ambiguity over shared authority. This,however, is not one of them.INA 334 [8 U.S.C. 1445] Application for naturalization; declaration of intention.(a) An applicant for naturalization shall make and file with the Attorney General a swornapplication in writing, signed by the applicant in the applicants own handwriting if physicallyable to write, which application shall be on a form prescribed by the Attorney General and shallinclude averments of all facts which in the opinion of the Attorney General may be material tothe applicants naturalization, and required to be proved under this subchapter. In the case of anapplicant subject to a requirement of continuous residence under section 1427(a) [INA 316(a)] or1430(a) [INA 319(a)] of this title, the application for naturalization may be filed up to 3 monthsbefore the date the applicant would first otherwise meet such continuous residence requirement.(b) No person shall file a valid application for naturalization unless he shall have attained theage of eighteen years. An application for naturalization by an alien shall contain an averment ofSNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 17
  18. 18. lawful admission for permanent residence.(c) Hearings under section 336(a) [8 U.S.C. 1447(a)] on applications for naturalization shall beheld at regular intervals specified by the Attorney General.(d) Except as provided in subsection (e), an application for naturalization shall be filed in theoffice of the Attorney General.(e) A person may file an application for naturalization other than in the office of the AttorneyGeneral, and an oath of allegiance administered other than in a public ceremony before theAttorney General or a court, if the Attorney General determines that the person has an illness orother disability which-(1) is of a permanent nature and is sufficiently serious to prevent the persons personalappearance, or(2) is of a nature which so incapacitates the person as to prevent him from personally appearing.(f) An alien over 18 years of age who is residing in the United States pursuant to a lawfuladmission for permanent residence may file with the Attorney General a declaration of intentionto become a citizen of the United States. Such a declaration shall be filed in duplicate and in aform prescribed by the Attorney General and shall be accompanied by an application prescribedand approved by the Attorney General. Nothing in this subsection shall be construed as requiringany such alien to make and file a declaration of intention as a condition precedent to filingan application for naturalization nor shall any such declaration of intention be regarded asconferring or having conferred upon any such alien United States citizenship or nationality orthe right to United States citizenship or nationality, nor shall such declaration be regarded asevidence of such aliens lawful admission for permanent residence in any proceeding, action, ormatter arising under this or any other Act.As altered by the SNAP Act, the section of the INA would read as follows:INA 334 [8 U.S.C. 1445] Application for naturalization; declaration of intention.(a) An applicant for naturalization shall make and file with the Secretary of Homeland Securitya sworn application in writing, signed by the applicant in the applicants own handwritingif physically able to write, which application shall be on a form prescribed by the Secretaryof Homeland Security and shall include averments of all facts which in the opinion of theSecretary of Homeland Security may be material to the applicants naturalization, and requiredto be proved under this subchapter. In the case of an applicant subject to a requirement ofcontinuous residence under section 1427(a) [INA 316(a)] or 1430(a) [INA 319(a)] of this title,the application for naturalization may be filed up to 3 months before the date the applicant wouldfirst otherwise meet such continuous residence requirement. All applicants for naturalization, asa crucial, affirmative and substantive part of their application for naturalization, shall makeSNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 18
  19. 19. both a written declaration, under penalty of perjury and contained within the application fornaturalization; and an oral declaration, under oath, as a standard part of the naturalizationexamination required under 335(b) [8 U.S.C. 1446(b)] , a declaration of their present personalintention to primarily reside within the United States as defined in INA 101(a)(38) [8 U.S.C.1101(a)(38)] of this Act, except as otherwise provided under the Immigration and NationalityAct5, upon the filing of an application for naturalization, at time of admission to citizenshippursuant thereto and as proscribed under section 337 [8 U.S.C. 1448] of this title, for theimmediately foreseeable future.(b) No person shall file a valid application for naturalization unless he shall have attained theage of eighteen years. An application for naturalization by an alien shall contain an averment oflawful admission for permanent residence.(c) Hearings under section 336(a) [8 U.S.C. 1447(a)] on applications for naturalization shall beheld at regular intervals specified by the Secretary of Homeland Security.(d) Except as provided in subsection (e), an application for naturalization shall be filed in theoffice of the Secretary of Homeland Security.(e) A person may file an application for naturalization other than in the office of the Secretaryof Homeland Security6, and an oath of allegiance administered other than in a public ceremonybefore the Secretary of Homeland Security or a court, if the Secretary of Homeland Securitydetermines that the person has an illness or other disability which-(1) is of a permanent nature and is sufficiently serious to prevent the persons personalappearance, or(2) is of a nature which so incapacitates the person as to prevent him from personally appearing.(f)7 An alien over 18 years of age who is residing in the United States pursuant to a lawfuladmission for permanent residence may file with the Secretary of Homeland Security adeclaration of intention to become a citizen of the United States. Such a declaration shall be5 INA 319 [8 U.S.C. 1430] allows: at (b) for the expedited naturalization of the LPR spouse of a qualified USC who shall reside abroad with thatspouse due to qualifying employment, and at (c) for the naturalization of an LPR employee of a bona fide organization in the U.S. performingspecified activities recognized by the U.S. Government. Both of these applicants declare an intention to take up residence in the U.S. in thefuture. INA 324 [8 U.S.C. 1435] allows for: a woman who lost citizenship due to marriage to an alien to resume her U.S citizenship, or a citizenof the United States at birth and lost such citizenship for failure to meet the now repealed physical presence retention requirements, but exemptsthem from residing in the U.S. They may subscribe to an Oath before a Consular Officer while abroad or within the U.S. may file a form N-600with USCIS. INA 330[8 U.S.C. 1441] allows for the naturalization of seamen or “Merchant Marines” who are LPR’s serving on U.S. vessels andmay continue to do so as a vocation.6This used to refer to various courts with naturalization authority prior to the transfer of primary naturalization authority from the courts to theexecutive department. Even when courts had primary authority, Petitions for Naturalization were first filed with the Attorney General via INS,this provision allowed direct court filing. Today, this provision is used to form cooperative agreements and arrangements between USCIS and theMilitary and for USCIS to further efforts in complying with Reasonable Accomodations under the ADA and Rehabilitaion Act..7The entirety of INA 334(f) could be completely struck as obsolete. The accompanying regulation at 8 C.F.R. 334.11 would become null andvoid and the USCIS Form N-300 would cease to be filed, accepted for filing, or adjudicated. If INA 334(f) is repealed, it should be with a provisothat specifically directs USCIS that any pending N-300 will be administratively closed, interfiled in the applicant’s A-file, and fee refunded.SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 19
  20. 20. filed in duplicate and in a form prescribed by the Secretary of Homeland Security and shall beaccompanied by an application prescribed and approved by the Secretary of Homeland Security.Nothing in this subsection shall be construed as requiring any such alien to make and file adeclaration of intention as a condition precedent to filing an application for naturalization norshall any such declaration of intention be regarded as conferring or having conferred upon anysuch alien United States citizenship or nationality or the right to United States citizenship ornationality, nor shall such declaration be regarded as evidence of such aliens lawful admissionfor permanent residence in any proceeding, action, or matter arising under this or any other Act.Constitutional Question:Former INA Section 340(d) [8 U.S.C. § 1451(d)] was found unconstitutional and wassubsequently formally repealed as of 10/ 25/1994. That section imposed an unequal treatmenton naturalized citizens that was not imposed on born citizens. That section created a “secondclass citizen” status.The offending section was repealed by Sec. 104 (b), below of the “IMMIGRATION ANDNATIONALITY TECHNICAL CORRECTIONS ACT OF 1994”. However, Sec. 104(a) was overkill and the issue was just dropped. That lack of corrective action has lead to atrivialization of U.S. Citizenship through further abuse of the privilege of naturalization. Theproposed amendments of the SNAP Act take into account the Constitutionality issue as will beevident later on. SEC. 104. INTENT TO RESIDE PERMANENTLY IN THE UNITED STATESAFTER NATURALIZATION. (a) IN GENERAL.--Section 338 of the Immigration and Nationality Act (8 U.S.C. 1449)is amended by striking "intends to reside permanently in the United States, except in cases fallingwithin the provisions of section 324(a) of this title,". (b) CONFORMING REPEAL.--Section 340(d) of such Act (8 U.S.C. 1451(d)) isrepealed.After that section was struck down and formally repealed, a different section of the INA wasamended to address the actions by which either a native-born or naturalized citizen could losetheir citizenship by certain affirmative acts. That is covered by INA 349 [8 U.S.C. 1481].SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 20
  21. 21. Former INA 338 [8U.S.C. 1449] Certificate of naturalization; contents, read:“A person admitted to citizenship in conformity with the provisions of this subchapter shall beentitled upon such admission to receive from the Attorney General a certificate of naturalization,which shall contain substantially the following information: Number of application fornaturalization; number of certificate of naturalization; date of naturalization; name, signature,place of residence, autographed photograph, and personal description of the naturalized person,including age, sex, marital status, and country of former nationality; location of the district officeof the Service in which the application was filed and the title, authority, and location of theofficial or court administering the oath of allegiance;statement8 that the Attorney General, having found that the applicant intends to residepermanently in the United States, except in cases falling within the provisions of section324(a) [8 U.S.C. 1435(a)] of this title,had complied in all respects with all of the applicable provisions of the naturalization laws of theUnited States, and was entitled to be admitted a citizen of the United States of America,thereupon ordered that the applicant be admitted as a citizen of the United States of America;attestation of an immigration officer; and the seal of the Department of Justice.”The proposed amendment in the SNAP Act, provides for a written and oral declaration ofthe applicant’s present intention to primarily reside within the United States as definedin INA 101(a)(38) [8 U.S.C. 1101(a)(38)] of this Act, except as otherwise provided under theImmigration and Nationality Act, upon the filing of an application for naturalization, at timeof admission to citizenship pursuant thereto and as proscribed under section 337 [8 U.S.C.1448] of this title, and for the immediately foreseeable future.At the turn of the 20thCentury, the matter of a naturalization applicant’s intentions was anissue of importance and remains so in the 21st Century, perhaps even more so in the age ofinternational and global terrorism and home-grown terrorists, whose biggest target consists ofthe citizens and residents of the United States of America.8This amendment simply removed any possible such statement from the certificate and there actually was not and still is not an affirmativerequirement that a naturalization applicant has any intent to reside in the United States at all after naturalization. The exceptions referencedhave no affirmative counterpart, they are exceptions to a non-codified presumption. That presumption needs to be codified in order to have anysubstance.SNAP Act Proposal [Substantive Naturalization Application Prerequisites Act] by Joseph P. Whalenjoseph.whalen774@gmail.com 21

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