PART 312--EDUCATIONAL REQUIREMENTS FOR NATURALIZATION

1. The authority citation for part 312 continues to read as follows:

Authority: 8 U.S.C. 1103, 1423, 1443, 1447, 1448.

2. Section 312.3 is amended by:

a. Revising paragraph (a)(1); and by

b. Revising paragraph (a)(3), to read as follows:

Sec. 312.3 Standardized citizenship testing.

(a)(1) An applicant for naturalization may satisfy the reading and writing requirements of Sec. 312.1 and the knowledge requirements of Sec. 312.2 by passing, within one (1) year preceding the date on which he or she files an application for naturalization, or at any time subsequent to filing an application but prior to a final determination on the application, a standardized citizenship test given by an entity authorized by the Service to conduct such a test.

* * * * *

(3) An applicant who passes a standardized citizenship test as provided in paragraph (a)(1) of this section for naturalization shall not be reexamined at the Service naturalization interview on his or her ability to read and write English or on his or her knowledge of the history and form of government of the United States, unless the examining officer has reasonable cause to believe, subsequent to verification of the applicant's test results with the authorized testing entity, that the applicant's test res ults were obtained English may not be the sole reason for finding that the test results were obtained through fraud or misrepresentation. The Applicant's inability to speak English may not be the sole reason for finding that the test results were obtained through fraud or misrepresentation. A written record of the officer's determination shall be made in the record of the application including the response from the testing entity concerning the applicant's test.

* * * * *

3. Section 312.4 is revised to read as follows:

Sec. 312.4 Selection of interpreter.

An interpreter to be used under Sec. 312.2 may be selected either by the applicant or by the Service. However, the Service reserves the right to disqualify an interpreter provided by the applicant in order to ensure the integrity of the examination. Where the Service disqualifies an interpreter, the Service must provide another interpreter for the applicant in a timely manner. If rescheduling of the interview is required, then a new date shall be set as soon as practicable so as not to delay unduly the adj udication of the application. The officer who disqualifies an interpreter shall make a written record of the reason(s) for disqualification as part of the record of the application.

PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION

4. The authority citation for part 316 continues to read as follows:

Authority: 8 U.S.C. 1103, 1181, 1182, 1443, 1447; 8 CFR 2.1.

5. Section 316.2 is amended by revising paragraph (a)(3) to read as follows:

Sec. 316.2 Eligibility.

(a) * * *

(3) Has resided continuously within the United States, as defined under Sec. 316.5, for a period of at least five years after having been lawfully admitted for permanent residence;

* * * * *

6. Section 316.5 is amended by revising paragraph (c)(2) to read as follows:

Sec. 316.5 Residence in the United States.

* * * * *

(c) * * *

(2) Claim of nonresident alien status for income tax purposes after lawful admission as a permanent resident . An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States.

* * * * *

PART 329--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: NATURALIZATION BASED UPON ACTIVE DUTY SERVICE IN THE UNITED STATES ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES

7. The authority citation for part 329 continues to read as follows:

Authority: 8 U.S.C. 1103, 1440, 1443.

8. Section 329.4 is amended by revising paragraph (b) to read as follows:

Sec. 329.4 Application and evidence.

* * * * *

(b) Evidence . The applicant's eligibility for naturalization under Sec. 329.2(a), (b), or (c)(2) shall be established only by the certification of the executive department under which the applicant served or is serving.

PART 335--EXAMINATION ON APPLICATION FOR NATURALIZATION

9. The authority citation for part 335 continues to read as follows:

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

10. In Sec. 335.6, a new paragraph (c) is added to read as follows:

Sec. 335.6 Failure to appear for examination.

* * * * *

(c) If the applicant does not request reopening of an administratively closed application within one year from the date the application was closed, the Service will consider that application to have been abandoned, and shall dismiss the application without further notice to the applicant.

11. Section 335.7 is amended by revising the last sentence to read as follows:

Sec. 335.7 Failure to prosecute application after initial examination.

* * * In the event that the applicant fails to respond within 30 days of the date of notification, the Service shall adjudicate the application on the merits pursuant to Sec. 336.1 of this chapter.

PART 337--OATH OF ALLEGIANCE

12. The authority citation for part 337 continues to read as follows:

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

13. Section 337.3 is amended by revising paragraph (c) to read as follows:

Sec. 337.3 Expedited administration of oath of allegiance.

* * * * *

(c) All requests for expedited administration of the oath of allegiance shall be made in writing to either the court or the Service. Such requests shall contain sufficient information to substantiate the claim of special circumstances to permit either the court or the Service to properly exercise the discretionary authority to grant the relief sought. The court or the Service may seek verification of the validity of the information provided in the request. If the applicant submits a written request to t he Service but is awaiting an oath administration ceremony by a court pursuant to Sec. 337.8, the Service promptly shall provide the court with a copy of the request without reaching a decision on whether to grant or deny the request.

PART 339--FUNCTIONS AND DUTIES OF CLERKS OF COURT REGARDING NATURALIZATION PROCEEDINGS

14. The authority citation for part 339 continues to read as follows:

Authority: 8 U.S.C. 1103, 1433, 1448.

15. Section 339.2 is amended by adding a new paragraph (e) to read as follows:

Sec. 339.2 Monthly reports.

* * * * *

(e) Use of reports for accounting purposes . Form N-4 shall be used by state and federal courts as a monthly billing document, submitted to the Service for reimbursement in accordance with section 344(f)(1) of the Act. The Service shall use the information submitted on this form to calculate costs incurred by courts in performing their naturalization functions. State and federal courts will be reimbursed pursuant to terms set forth in annual agreements entered into between the Service and the Administrative Office of United States Courts.

January 26, 1995 _________________ Dated:

Signed _______________________________ Janet Reno, Attorney General