Page:United States Statutes at Large Volume 108 Part 5.djvu/816

 108 STAT. 4306 PUBLIC LAW 103-416—OCT. 25, 1994 TITLE I—NATIONALITY AND NATURALIZATION SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZEN- SHIP TO CHILDREN BORN ABROAD. (a) IN GENERAL. —Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended— (1) by striking the period at the end of paragraph (g) and inserting "; and", and (2) by adding at the end the following new paragraph: "(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.". 8 USC 1401note. (b) WAIVER OF RETENTION REQUIREMENTS.— Any provision of law (including section 301(b) of the Immigration and Nationality Act (as in effect before October 10, 1978), and the provisos of section 201(g) of the Nationality Act of 1940) that provided for a person's loss of citizenship or nationality if the person failed to come to, or reside or be physically present in, the United States shall not apply in the case of a person claiming United States citizenship DEised on such persons descent from an individual described in section 301(h) of the Immigration and Nationahty Act (as added by subsection (a)). 8 USC 1401 note. (c) RETROACTIVE APPLICATION. —(1) Except as provided in paragraph (2), the immigration and nationahty laws of the United States shall be apphed (to persons born before, on, or after the date of the enactment of this Act) as though the amendment made by subsection (a), and subsection (b), had been in effect as of the date of their birth, except that the retroactive application of the amendment and that subsection shall not affect the vaUdity of citizenship of anyone who has obtained citizenship under section 1993 of the Revised Statutes (as in effect before the enactment of the Act of May 24, 1934 (48 Stat 797)). (2) The retroactive application of the amendment made by subsection (a), and subsection (b), shall not confer citizenship on, or affect the vahdity of any denaturalization, deportation, or exclusion action against, any person who is or was excludable ifrom the United States under section 212(a)(3)(E) of the Inmiigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provision) or who was excluded from, or who would not have been eligible for admission to, the United States under the Displaced Persons Act of 1948 or under section 14 of the Refugee Rehef Act of 1953. 8 USC 1401 note. (d) APPLICATION TO TRANSMISSION OF CITIZENSHIP. —This Section, the amendments made by this section, and any retroactive application of such amendments shall not effect any residency or other retention requirements for citizenship as in effect before October 10, 1978, with respect to the transmission of citizenship. SEC. 102. NATURALIZATION OF CHILDREN ON APPLICATION OF CITI- ZEN PARENT. (a) IN GENERAL.— Section 322 of the Inmugration and Nationality Act (8 U.S.C. 1433) is amended to read as follows:

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