Speech #900204402

I yield myself such time as I may consume. Mr. Speaker. the purpose of H.R. 15147 is to provide for the expeditious naturalization of aliens who have served in an activeduty status in the Armed Forces of the United States in an area designated by the President as an area Involving armed conflict with a hostile foreign force. This bill extends to such aliens the same naturalization benefits which have been extended to aliens who served honorably in our Armed Forces during World War I. World War II. and the Korean hostilities. In order to put the provisions of this bill in their proper perspective. I would like to review the basic naturalization requirements which are involved. and to note the naturalization benefits presently available to aliens who have served or are now serving in our Armed Forces under both wartime and peacetime conditions. The physical presence and residence requirements for naturalization are in section 316 of the Immigration and Nationality Act. as amended. In order tc qualify for naturalization. an alien must establish that during the 5 years immediately preceding the date of filing a naturalization petition. he has resided continuously within the United States after being lawfully admitted for permanent residence. he has been physically present in the United States for periods totaling at least onehalf of the 5year period. he has resided within the State in which the petition is filed for at least 6 months. and he is at least 18 years of age. In addition. a waiting period of at least 30 days must elapse between the date of filing his petition and his admission to citizenship. and such admission to citizenship cannot be conferred during the 60 days immediately preceding a general election in the State. Section 319 provides that in the case of an alien married to a U.S. citizen. the above 5year period is reduced to 3 years if the alien has continuously lived in marital union with the citizen spouse during these 3 years. The two basic exceptions of these residence and physical presence requirements pertaining to honorable. activeduty service in the Armed Forces of the United States are found in sections 328 and 329 of the Immigration and Nationality Act. Section 328 deals essentially with peacetime service. and provides that an alien who served honorably at any time in the Armed Forces of the United States for a total of 3 years may be naturalized without regard to the requirements concerning residence or physical presence in the United States or in the State where the petition is filed. or any waiting periods. If the alien has been separated from the Armed Forces. such separation must have been under honorable conditions and the naturalization petition must be filed within 6 months after the termination of such qualifying service. Section 329 deals with wartime service and provides that an alien or noncitizen national who has served honorably in an activeduty status in the U.S. Armed Forces during World War I. World War II. or the Korean hostilities. may be naturalized without regard to the requirements concerning age. residence. physical presence. court jurisdiction. or a waiting period. Furthermore. the wartime serviceman can substitute for the lack of lawful admission for permanent residence his enlistment or induction while in the United States or its possessions. and he can petition anytime after separation if separated under honorable conditions. There are thus three basic differences between these two sections.