Page:United States Statutes at Large Volume 104 Part 6.djvu/649

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5039 States in which the applicant filed the application for at least three months". SEC. 403. WAIVER OF ENGLISH LANGUAGE REQUIREMENT FOR NATU- RALIZATION. Section 312(1) (8 U.S.C. 1423(1)) is amended by striking "is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence" and inserting "either (A) is over 50 years of age and has been living in the United States for periods totaling at least 20 years subsequent to a lawful admission for permanent residence, or (B) is over 55 years of age and has been living in the United States for periods totalling at least 15 years subsequent to a lawful admission for permanent residence". SEC. 404. TREATMENT OF SERVICE IN ARMED FORCES OF A FOREIGN COUNTRY. Section 315 (8 U.S.C. 1425) is amended— 8 USC 1426. (1) in subsection (a), by inserting "but subject to subsection (c)" after "section 405(b)", and (2) by adding at the end the following new subsection: "(c) An alien shall not be ineligible for citizenship under this section or otherwise because of an exemption from training or service in the Armed Forces of the United States pursuant to the exercise of rights under a treaty, if before the time of the exercise of such rights the alien served in the Armed Forces of a foreign country of which the alien was a national.". SEC. 405. NATURALIZATION OF NATIVES OF THE PHILIPPINES THROUGH 8 USC 1440 note. CERTAIN ACTIVE-DUTY SERVICE DURING WORLD WAR II. (a) WAIVER OF CERTAIN REQUIREMENTS. —(1) Clauses (1) and (2) of section 329(a) of the Immigration and Nationality Act (8 U.S.C. 1440(a)) shall not apply to the naturalization of any person— (A) who was born in the Philippines and who was residing in the Philippines before the service described in subparagraph (B); (B) who served honorably— (i) in an active-duty status under the command of the United States Armed Forces in the Far East, or (ii) within the Philippine Army, the Philippine Scouts, or recognized guerrilla units, at any time during the period beginning September 1, 1939, and ending December 31, 1946; (C) who is otherwise eligible for naturalization under section 329 of such Act; and (D) who applies for naturalization during the 2-year period beginning on the date of the enactment of this Act. (2) Subject to subsection (c), in applying section 329 of the Immigration and Nationality Act, service described in paragraph (I)(B) is considered to be honorable service in an active-duty status in the military, air, or naval forces of the United States. (b) WAIVER OF RESIDENCY REQUIREMENT.— Section 340(d) of the Immigration and Nationality Act (8 U.S.C. 1451(d)) shall not apply to a person who is naturalized pursuant to subsection (a). (c) STATUTORY CONSTRUCTION. — The enactment of this section shall not be construed as affecting the rights, privileges, or benefits of a person described in subsection (a)(l) under any provision of law