PART 299--IMMIGRATION FORMS

\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (Legacy INS) - 1998 \ FEDERAL REGISTER INTERIM REGULATIONS - 1998 \ Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee for Fingerprinting by the Service;Requiring Completion of Criminal Background ChecksBefore Final Adjudication of Naturalization Applications \ PART 299--IMMIGRATION FORMS
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2. The authority citation for part 299 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 8 CFR part 2.

§ 299.1 [Amended]

23. Section 299.1 is amended in the table by removing the entries for Form "I-850" and "I-850A".

§ 299.5 [Amended]

24. Section 299.5 is amended in the table by removing the entries for Forms "I-850" and "I-850A".

PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION

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

Authority: 8 U.S.C. 1103, 1181, 1182, 1443, 1447; 8 CFR part 2.

26. Section 316.4 is amended by:

a. Adding the word "and" at the end of paragraph (a)(2);

b. Removing paragraph (a)(3);

c. Redesignating paragraph (a)(4) as paragraph (a)(3);

d. Redesignating paragraph (b) as paragraph (c); and by

e. Adding a new paragraph (b), to read as follows:

§ 316.4 Application; documents.

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(b) Each applicant who files Form N-400, Application for Naturalization, shall be fingerprinted on Form FD-258, Applicant Card, as prescribed in § 103.2(e) of this chapter.

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PART 332--NATURALIZATION ADMINISTRATION

27. The authority citation for part 332 continues to read as follows:

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

§ 332.2 [Amended]

28. Section 332.2 is amended by:

a. Removing the words "and fingerprinting" from the section heading; and by

b. Removing the phrase ", fingerprinting services or both" from the end of the first sentence.

PART 335--EXAMINATION ON APPLICATION FOR NATURALIZATION

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

Authority: 8 U.S.C. 1103, 1443, 1147.

30. Section 335.2 is amended by:

a. Redesignating paragraphs (b) through (e) as paragraphs (c) through (f), respectively; and by

b. Adding a new paragraph (b), to read as follows:

§ 335.2 Examination of applicant.

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(b) Completion of criminal background checks before examination . The Service will notify applicants for naturalization to appear before a Service officer for initial examination on the naturalization application only after the Service has received a definitive response from the Federal Bureau of Investigation that a full criminal background check of an applicant has been completed. A definitive response that a full criminal background check on an applicant has been completed includes:

(1) Confirmation from the Federal Bureau of Investigation that an applicant does not have an administrative or a criminal record;

(2) Confirmation from the Federal Bureau of Investigation that an applicant has an administrative or a criminal record; or

(3) Confirmation from the Federal Bureau of Investigation that two properly prepared fingerprint cards (Form FD-258) have been determined unclassifiable for the purpose of conducting a criminal background check and have been rejected.

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March 10, 1998 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.