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SNAP Act summary


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SNAP Act summary

  1. 1. An Act amending the Immigration and Nationality Act (INA) to provide for SubstantiveNaturalization Application Prerequisites and may be known as the SNAP Act of 2011..The altered versions of these sections of the INA under the SNAP Act would read asfollows:.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 section INA 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 INA 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 INA 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..(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, of State, or of Justice to be confidential, pertaining to such entry, in thecustody of such Department. This subparagraph, 318(c), shall apply to the whole of this Act. 1
  2. 2. (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 eligibility for naturalization, or any claim to United StatesCitizenship or Nationality, as required or proscribed by this title.A 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 averments1 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 makeboth 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 INA 335(b) [8 U.S.C. 1446(b)] , a declaration of their presentpersonal intention 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 this Act, upon the filingof an application for naturalization, at time of admission to citizenship pursuant thereto andas proscribed under section INA 337 [8 U.S.C. 1448] of this title, and for the immediatelyforeseeable future.1The allegation of facts or claims in an application or petition for any benefit under this entire Act. INA 101(a)should add at (52) the definition of “averment”. 2
  3. 3. (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 with theUnited States Citizenship and Immigration Services (USCIS) under delegated authority of theSecretary of Homeland Security..(e) A person may file an application for naturalization other than with the United StatesCitizenship and Immigration Services (USCIS) under delegated authority of the Secretary ofHomeland Security and an oath of allegiance administered other than in a public ceremonybefore the Secretary of Homeland Security or designee; or a court, if the Secretary of HomelandSecurity or designee determines 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)2 An alien 18 years of age or older 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 only if not yet eligible to filedirectly for naturalization itself. Such a declaration shall be filed in accordance with the mannerprescribed by the Secretary of Homeland Security and shall be accompanied by an applicationform prescribed and approved by the Secretary of Homeland Security. Nothing in this subsectionshall be construed as requiring any such alien to make and file a declaration of intention as acondition precedent to filing an application for naturalization nor shall any such declarationof intention be regarded as conferring or having conferred upon any such alien United Statescitizenship or nationality or the right to United States citizenship or nationality, nor shall suchdeclaration be regarded as evidence of such aliens lawful admission for permanent residence inany proceeding, action, or matter arising under this or any other Act.INA 101 [8 U.S.C. 1101] Definitions(a) As used in this chapter-- (52) The term “averment” means the allegation of facts or claims in an application orpetition for any benefit under this entire Act.2The entirety of 334(f) could be stricken as obsolete rather than re-written. 3