H.R. 449

119th CONGRESS 1st Session

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

IN THE HOUSE OF REPRESENTATIVES · January 15, 2025 · Sponsor: Mrs. Radewagen · Committee: Committee on the Judiciary

Table of contents

• H.R. 449
  • SEC. 1. Waiver of certain naturalization requirements for United States nationals to become United States citizens

SEC. 1. Waiver of certain naturalization requirements for United States nationals to become United States citizens

• (a) Findings
  • The Congress finds the following:
    • Both United States citizens and United States nationals are persons who owe permanent allegiance to the United States.
    • United States nationals serve in the United States Armed Services at a very high per capita rate.
    • Commissioned military officers and certain security clearances require United States nationals to become United States citizens.
    • Many United States nationals desire to become United States citizens.
    • United States nationals attend United States Department of Education curriculum-approved and regulated schools.
    • 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 () is amended to read as follows: 8 U.S.C. 1436
    • (a) Eligibility for naturalization
      • A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may—
        • 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
        • 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—
        • any applicant for naturalization under subsection (a)(2);
        • any applicant for naturalization under section 328 or 329 who is a resident of an outlying possession of the United States; or
        • 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)—
        • 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;
        • 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
        • 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 () is amended to read as follows: 8 U.S.C. 1433(a)(5)
    • The child—
      • is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status; or
      • is present and resides in an outlying possession of the United States