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Interpretations of the DHS Bureaus

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Interpretations were created to supplement and clarify the provisions of the statute and regulations as interpreted by the courts. These materials usually are not included in the regulations because they deal generally with procedural matters and do not deal directly with application and benefit requirements. They are still a useful tool to help you understand how the DHS Bureaus performs their different immigration services and enforcement functions. Users of the Operation Instructions and Interpretations should always consult the relevant regulations and manuals in conjunction with these materials. As the DHS Bureaus have grown, the trend has been towards inclusion of more materials in the regulations and field manuals, and the Operations Instructions and Interpretations have been updated less frequently.

Sec.    
   
301.1   United States Citizenship  
301.2   Issuance of United States passports in relationship to citizenship claims  
302.1   United States Citizenship acquired in Puerto Rico  
303.1   United States Citizenship acquired in the Canal Zone; Republic of Panama  
304.1   United States Citizenship acquired in Alaska  
305.1   United States Citizenship acquired in Hawaii  
306.1   United States Citizenship acquired in the Virgin Islands  
307.1   United States Citizenship acquired in Guam  
308.1   United States noncitizen nationality  
309.1   Acquisition of United States nationality by illegitimate children  
310.1   Jurisdiction to naturalize  
311.1   Eligibility to naturalization  
312.1   Educational requirements  
312.2   Educational requirements for naturalization satisfied pursuant to the Immigration Reform and Control Act of 1986 (IRCA)  
313.1   Subversives  
313.2   Immigration and Nationality Act  
314.1   Deserters; draft evaders  
314.2   Effect of pardon and amnesty  
315.1   General application of section 315  
315.2   World War I conscription statutes  
315.3   Post World War I conscription statutes  
315.4   Effect of service by previously barred alien  
315.5   Treaty nationals  
315.6   Findings in denial cases  
316.1   Nationalization requirements  
317.1   Temporary absence of persons performing religious duties  
318.1   Lawful entry for permanent residence  
318.2   Effect of deportation proceedings upon naturalization eligibility  
318.3   Court's authority to determine legality of reentry in its bearing upon naturalization eligibility, absent deportation proceeding  
318.4   Effect of claim of nonresident alien status for income tax purposes upon prior lawful admission for permanent residence  
318.5   Effect of waiver of deportability under section 241(f) upon status as a lawfully admitted permanent resident  
319.1   Naturalization based upon citizenship of spouse  
319.2   Naturalization based upon citizenship of spouse employed abroad  
320.1   Derivation of citizenship  
320.2   Computation of age for derivative purposes  
321.1   Reference  
322.1   Naturalization of minor natural children  
322.2   Naturalization of adopted minor children  
322.3   Issues relating to both natural and adopted minor children  
324.1   Loss of citizenship by marriage  
324.2   Reacquisition of citizenship lost by marriage  
325.1   Naturalization of noncitizen nationals  
326.1   Filipino citizens statutorily regarded as lawful permanent residents  
327.1   Resumption of citizenship by persons expatriated in connection with foreign military service  
328.1   Naturalization based upon service in the armed forces.  
329.1   Naturalization based upon honorable service in the armed forces during wartime  
329.2   Act of June 30, 1950 (foreign enlistees)  
330.1   Naturalization of seamen under former statutes  
330.2   Naturalization of seamen under Immigration and Nationality Act  
331.1   Alien enemy naturalization  
332.1   Procedures of government supervision in naturalization cases  
332.2   Eligibility to file petition under the Nationality Act of 1940  
334.1   Petition for naturalization  
334.2   Declaration of intention  
335.1   Investigation and examination of petitioners for naturalization  
335.2   Transfer, withdrawal, or dismissal of petitions for lack of prosecution  
335.3   Effect of petitioner's refusal to testify during preliminary examination based on fifth amendment  
336.1   Final hearing  
337.1   Statutory terms of oath  
337.2   Obligations of oath  
337.3   Oath in relationship to petition filed before December 24, 1952  
337.4   Oath exemption accorded children  
337.5   Oath to be administered in English language only  
337.6   Special provisions relating to disabled petitioners  
337.7   Affirmation in lieu of oath  
337.8   Renunciation of hereditary titles  
338.1   Certificate of naturalization  
340.1   Origin and nature of revocation proceedings  
340.2   Revocation grounds  
340.3   Effect of revocation upon derivative rights  
340.4   Revocation procedure  
340.5   Reconsideration of naturalization decree during term of court  
341.1   Derivation through marriage  
341.2   Administration issuance of certificates of citizenship  
342.1   Administrative cancellation of documents  
343.1   Issuance of nationality documents-generally  
343.2   Issuance of nationality documents by administrative authority  
349.1   General principles of expatriation  
349.2   Expatriation by foreign naturalization  
349.3   Expatriation by foreign oath  
349.4   Expatriation by foreign military service  
349.5   Expatriation by foreign governmental employment  
349.6   Expatriation by voting in a foreign political election or plebiscite  
349.7   Expatriation by formal renunciation of United States citizenship  
349.8   Expatriation by military desertion  
349.9   Expatriation based upon treason and subversive activity  
349.10   Expatriation resulting from action to evade military service  
App. A   Attorney General's statement of interpretation concerning expatriation of United States citizens of January 18, 1969  
App. B   State Department Airgram of May 16, 1969, Afroyim decision  
App. C   State Department Airgram of November 13, 1969, Afroyim decision  
App. D   State Department Airgram of August 27, 1980, Terrazas decision  
350.1   Expatriation in the absence of elective action by persons acquiring dual nationality at birth prior to repeal of section 350  
350.2   Repeal of section 352 by Act of October 10, 1978  
351.1   Restrictions upon expatriation  
352.1   Expatriation resulting from foreign residence.  
352.2   Repeal of section 352 by Act of October 10, 1978  
353.1   Past exemptions relating to expatriation based upon foreign residence (generally)  
353.2   Repeal of section 353 by Act of October 10, 1978  
354.1   Past exemptions relating to expatriation based upon foreign residence (statutory development)  
354.2   Repeal of section 354 by Act of October 10, 1978  
355.1   Loss of nationality through parent's expatriation in the absence of elective action by dual national offspring prior to the Act of October 10, 1978  
355.2   Loss of nationality after the Act of October 10, 1978  
356.1   Expatriation as an inherent right of the individual  
356.2   Expatriation of noncitizen nationals  
357.1   Application of treaties and conventions  
358.1   Diplomatic certificate regarding loss of nationality  
359.1   Certificate of nationality for foreign use  
360.1   Declaratory judgment  
402.1   Repatriation of persons expatriated by voting in a foreign state  
405.1   Application of the savings clause to nationality issues 


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Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 30 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..
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