Page:United States Statutes at Large Volume 104 Part 6.djvu/648

This page needs to be proofread.


104 STAT. 5038 PUBLIC LAW 101-649—NOV. 29, 1990 (2) SANCTION FOR FAILURE TO APPEAR,—If an alien is provided an order to show cause under paragraph (1) and fails to appear at such proceedings, except for exceptional circumstances, the alien may be deported in absentia under section 242B of the Immigration and Nationality Act (inserted by section 545(a) of this Act) and certain discretionary forms of relief are no longer available to the alien pursuant to such section. TITLE IV—NATURALIZATION SEC. 401. ADMINISTRATIVE NATURALIZATION. (a) NATURALIZATION AUTHORITY.—Section 310 (8 U.S.C. 1421) is amended to read as follows: "NATURALIZATION AUTHORITY "SEC. 310. (a) AUTHORITY IN ATTORNEY GENERAL.— The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General. " (b) ADMINISTRATION OF OATHS.— An applicant for naturalization may choose to have the oath of allegiance under section 337(a) administered by the Attorney General or by any District Court of the United States for any State or by any court of record in amy State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited. The jurisdiction of all courts in this subsection specified to administer the oath of allegiance shall extend only to persons resident within the respective jurisdiction of such courts. "(c) JUDICIAL REVIEW. —A person whose application for naturalization under this title is denied, after a hearing before an immigration officer under section 336(a), may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5, United States (IJode. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application. "(d) SOLE PROCEDURE. — A person may only be naturalized as a citizen of the United States in the manner and under the conditions prescribed in this title and not otherwise.". (b) FILING OF APPLICATIONS.— Section 334(a) (8 U.S.C. 1445(a)) is amended by adding at the end the following new sentence: "In the case of an applicant subject to a requirement of continuous residence under section 316(a) or 319(a), the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.". (c) NOTIFICATION.— Section 335(b) (8 U.S.C. 1446(b)) is amended by adding at the end the following new sentence: "Any such employee shall, at the examination, inform the petitioner of the remedies available to the petitioner under section 336.". SEC. 402. SUBSTITUTING 3 MONTHS RESIDENCE IN INS DISTRICT OR STATE FOR 6 MONTHS RESIDENCE IN A STATE. Section 316(a)(l) (8 U.S.C. 1427(a)(l)) is amended by striking "and who has resided within the State in which the petitioner filed the petition for at least six months" and inserting "and who has resided within the State or within the district of the Service in the United