Supporting Statement
(Form N-600)
Justification:
1. U.S. Citizenship and Immigration Services (USCIS) uses the information collected on the Form N-600 to determine whether the applicant meets citizenship eligibility requirements and conditions. Upon approval of the application the applicant is declared to be a citizen of the United States and USCIS issues a certificate of citizenship, pursuant to section 320 of the Immigration and Nationality Act (INA).
2. USCIS uses the data collected on this form to determine eligibility for the requested immigration benefit. The form standardizes requests for the benefit, and ensures that basic information required to assess eligibility is provided by applicants
3. The use of this form provides the most efficient means for collecting and processing the required data. In this case, USCIS does not employ the use of information technology in collecting and processing information. USCIS, however, has designated the Form N-600 for e-filing under the Business Transformation Project.
A review of the Forms Inventory Report revealed no duplication of effort, and there is no other similar information currently available which can be used for this purpose.
This collection of information does not have an impact on small businesses or other small entities.
Sections 320 and 341 of the INA provide for the issuance of a certificate of citizenship to individuals who claim to have derived U.S. citizenship through the naturalization of a parent, the naturalization or citizenship of a spouse, or under certain provisions of the law. Form N-600 provides a crucial means of establishing the authenticity of such claims and the absence of this form would impede the processing of such claims for U.S. citizenship. The information collected through this form is essential to documenting whether the applicant has met all of the eligibility requirements to receive a certificate of citizenship recognizing his or her U.S. citizenship status. The information is also collected to ensure a complete and accurate adjudication.
7. The special circumstances contained in item 7 of the supporting statement are not applicable to this information collection.
On September 27, 2011 USCIS published a 60-day notice in the Federal Register at 76 FR 59710 informing the public that it will be submitting a request to revise this rule to OMB. 4 Comments were received in connection with that publication and the following issues were raised in those comments. USCIS thanks the commenters for their comments. The comments are addressed as follows:
Issue #1
A commenter states that the instructions switches reference between the “qualifying U.S. citizen parent and the child.” The instructions are unclear as to who the instructions are directed toward; the parent or the child. This commenter suggests stating the term “intended recipient” to clarify the ambiguity.
USCIS Response
All naturalization-related forms specifically reference the applicant in the first person. The General Items section is general because USCIS requests that information from all parties who complete the application; the applicant and parent(s). The instructions refer to the applicant in the first person because USCIS is speaking to the applicant. USCIS provides further clarification under the “Required Evidence” section to help the potential applicant understand that USCIS is speaking directly to the applicant. The instructions reference the parents in the third person because the application requests data concerning the applicant’s parental information. Therefore, USCIS will maintain the verbiage as is.
Issue #2
One commenter would like to move the part requesting information from the mother to be placed before the part where USCIS requests information from the father.
USCIS Response
USCIS has consolidated the information about the applicant into one part since the current form splits the applicant’s information and this may confuse the applicant. However, USCIS has not determined not to move the part about the mother before the father. Its place on the form has been consistent over time and the public is familiar with it placement.
Issue #3
A commenter would like USCIS to rewrite and improve the filing fee section.
USCIS Response
USCIS has strived to standardize that part. As such, the filing fee part is consistent with other USCIS forms. That part is clear and concise; thus no changes will be made as a result of this comment.
Issue #4
A commenter would like the list of supporting documents to be clarified.
USCIS Response
USCIS has strived to clarify that section. USCIS now has a “Required Evidence” section providing clear and succinct information about the documentation USCIS needs from the applicant and the applicant’s parent.
Issue #5
One commenter would like the Instructions and Form to be brought into strict conformity with immigration statutes and regulations.
USCIS Response
USCIS has spent considerable amount of time consulting with USCIS legal representatives to ensure that the information conforms to statutes and regulations. This consisted of numerous meetings and discussions reviewing the documents in depth and succinctly.
Issue #6
A commenter would like to remove the “What is the Purpose of This Form” heading and title
USCIS Response
Every USCIS revised naturalization-related form provides information related to that form under that heading. The information is provided to ensure that possible applicants understand and are aware of the application they may or may not complete.
Issue #7
A commenter would like to rename the “Who Should Use this Form” heading as it may be confused with the “Who May File This Form” heading.
USCIS Response
USCIS believes there is a clear distinction between using the form and filing the form. The “Who Should Use This Form” heading is meant for the applicant who is requesting the U.S. government to acknowledge his or her U.S. citizenship. The Form does not contain a “Who May File This Form” heading but it does state a “You May File” heading. USCIS provides this distinction to assist the public. A child applying for this benefit may not be able to file a Form N-600. Therefore, USCIS helps applicants by detailing who can file this application whether it is the applicant or the applicant’s parent(s) on the applicant’s behalf. Therefore, the USCIS will maintain the verbiage.
Issue #8
A commenter would like to change the reference in the “Who Should Use This Form” heading to the third person.
USCIS Response
As previously mentioned, USCIS has engaged in a comprehensive effort to revise the form to talk to the applicant in the first person to alleviate any confusion as to who USCIS is referring to. Therefore, revising the verbiage to a third person causes confusion as to who exactly USCIS is addressing.
Issue #9
One of the commenters would like USCIS to harmonize the language with section 320 of the Immigration and Nationality Act (INA) for clarification.
USCIS Response
USCIS does not solely adjudicate Form N-600 based upon section 320 of the INA. In addition to section 320 of the INA, USCIS adjudicates this form pertaining to other sections including section 309 of the INA. USCIS has received complaints about the legal verbiage in the current N-600. Therefore, USCIS has provided sufficient information in that section to best assist the applicant.
Issue #10
One commenter would like USCIS remove the reference “regularly” from “reside” in the “Who Should Use This Form” section.
USCIS Response
USCIS does not reference “regularly” in the “Who Should Use This Form” section. USCIS does reference “regularly reside” in the “Who Should Not File This Form” section with a reference to the form N-600K because that application is contingent upon an applicant regularly residing overseas.
Issue #11
A commenter would like to revise the term “Note” which has been changed to “Law in Effect at the Time of Your Birth” in the revised version. The commenter would like USCIS to provide specific reference to previous verbiage in the section 5 and Subsections A and B.
USCIS Response
Upon reviewing the comment, USCIS is confused by the language provided and believes the public would be as well. As stated before, USCIS provided this verbiage due to extensive review by USCIS staff with a specialized knowledge of immigration-related statutes and regulations. USCIS provides the most common points of reference for applicants and encourages potential applicants to contact USCIS directly to provide further assistance should it be needed.
Issue #12
Commenter would like to move “How to Check If the Fees Are Correct” to be placed before the note dealing with members or veterans in “What is the Filing Fee” section.
USCIS Response
USCIS references the Form N-600 filing fee at the beginning of “What is the Filing Fee” to ensure public awareness. USCIS has taken the extra effort to eliminate the filing fee for a member or veteran of any branch of the U.S. Armed Forces. USCIS appreciates the efforts that those applicants have taken to support the nation. Therefore, it is important to maintain its placement to bring awareness to those possible applicants.
Issue #13
A commenter would like USCIS to request that applicants write in capital letters.
USCIS Response
USCIS does not require applicants to write in capital letters therefore will not request that applicants write in capital letters. This is consistent with all the USCIS naturalization-related forms.
Issue #14
Commenter would like the “General Instructions” section to reference the child seeking the Certificate of Citizenship or the U.S. citizen parent filing on behalf of the child.
USCIS Response
All the naturalization-related forms specifically reference the applicant in the first person. The General Items section is general because USCIS requests that information from all parties who complete the application; the applicant and parent(s). The instructions pertaining to the applicant is in the first person because USCIS is speaking to the applicant. The instructions reference the parents in the third person because the application speaks to the applicant for the applicant’s parental information.
Issue #15
One commenter would like to adjust language in “General Instructions” section (now a part of Required Evidence). The commenter would like to provide reference to both the applicant as an adult to request evidence of both the applicant and the applicant’s parents. The commenter would like to also include some language where the parent is applying on behalf of the child.
USCIS Response
As stated before, the instructions to form N-600 specifically references the applicant. The applicant may or may not be an adult. Therefore, USCIS stated in bolded letter font that USCIS requests information for “you and your U.S. citizen parent” as a clear indication that USCIS is speaking to the applicant. USCIS strongly advocates speaking to the applicant in the first person.
Issue
Commenter would like USCIS to define what an applicant is as the person completing the form or another intended recipient.
USCIS Response
USCIS has been consistent in its verbiage on Form N-600 in speaking directly to the applicant. USCIS maintains its language in the first person so that the reader knows that USCIS is speaking directly to the applicant.
Issue #16
A commenter is confused about Step 2 or “General Instructions” about documents to provide in number 1 through 5. The commenter also discusses documents referenced in the bottom of page 4 should be separated into its own section. The commenter also would like USCIS to state that the required evidence list is not exhaustive and that supplement
USCIS Response
USCIS has moved the reference to documents in “General Instructions” section to the “Required Evidence” section. As the commenter has stated, evidentiary information in the general instructions area caused confusion. USCIS has underlined “What if a Document Is Unavailable?” to make it more present to possible applicants. USCIS maintains the ability of requiring additional information therefore the required evidence is not exhaustive because more evidence can be requested in the future.
Issue #17
One commenter would like adjust the language provided under the “Photographs” section. The commenter states that the instructions should state the language “intended recipient”. The commenter also would like USCIS to request applicants to use a soft lead pencil to write information on the applicant’s photo.
USCIS Response
All the naturalization-related forms specifically reference the applicant in the first person. The General Items section is general because USCIS requests that information from all parties who complete the application, to include the applicant and the parent(s). The instructions pertaining to the applicant were written in the first person because USCIS is specifically instructing the applicant how to comply with this requirement by directly speaking to the applicant. The commenter suggested advising the applicant to use a soft lead pencil to write information on the applicant’s photo. However, USCIS accepts photographs with information written in pen or pencil.
Issue #18
A commenter would like “Step-by-Step Instructions” to be surrounded by a grey box.
USCIS Response
USCIS has renamed the “Step-by-Step Instructions” heading to “Specific Form Instructions”. In addition, USCIS placed a grey box around that verbiage. “Specific Form Instructions” is in its own clear and distinct section deserving its place within the instructions.
Issue #19
Commenter would like to replace reference to the applicant to “intended recipient”. The commenter would also like to remove notes in Parts 1 and 3.
USCIS Response
All the naturalization-related forms specifically reference the applicant in the first person. The “General Items” section is general because USCIS requests that information from all parties who complete the application; the applicant and parent(s). The instructions are written in the first person because USCIS is directly providing guidance to the applicant. The instructions reference the parents in the third person because the application requests the applicant to provide information about his or her parents. The notes have been maintained to ensure that the possible applicant and parent(s) clearly understand the information that USCIS requests from the applicant or parent(s).
Issue #20
A commenter would like USCIS to instruct the applicant to review the Form N-600 Instructions at the top of the instructions and write in capital letters.
USCIS Response
USCIS spends considerable amount of time reviewing, drafting, and submitting the forms and instructions. The instructions are always in the same vicinity on the USCIS Web site. The instructions and application are printed together and provided at the same time by USCIS. They applicant should carefully review the form and the instructions before submitting the request to USCIS. In addition, USCIS does not require applicants to provide information in Form N-600 writing in capital letters.
Issue #21
Commenter would like USCIS to define “intended recipient” as a person seeking the Certificate of Citizenship or refers to the child on whose behalf a U.S. citizen parent is filing for.
USCIS Response
While USCIS welcomes comments from the public, USCIS has stated numerous times in this document that USCIS will not use the term “intended recipient”. As such, USCIS will not define “intended recipient”.
Issue #22
A commenter would like to rename references to the applicant throughout the form by specifically stating “intended recipient” throughout the form. The commenter would also like to change the first person reference to third person reference.
USCIS Response
USCIS consistently states that the language on the instructions and the form are in the first person. USCIS provides guidance in the instructions to the applicant. Therefore, USCIS consistently uses the pronoun “you”. USCIS will not adjust the verbiage in the instructions to the third person because it believes it important for the applicant to know that USCIS considers the applicant important by directly talking to the applicant.
Issue #23
A commenter would like USCIS to state that people cannot file a Form N-600 when residing overseas except for specific populations such at the U.S. Military and certain dependents.
USCIS Response
Form N-600K, Application for Citizenship and Issuance for Certificate Under Section 322 can be filed by individuals who reside overseas claiming U.S. USCIS provides clear distinctions between the N-600 and N-600K based on that distinction. At the time of the interview, Immigration Service Officers will determine an applicant’s eligibility for that benefit based upon the information the applicant provided in the Form N-600.
USCIS has endeavored to revise the Form N-600 in such a way as to benefit and assist the public.
On January 3, 2012, USCIS published a 30-day collection information notice in the Federal Register at 77 FR 128. USCIS received 3 comments in connection with that publication and the following issues were raised within the comments:
Issue # 1
The commenter provided an in depth explanation that the child must be in located in the United States with the custodial parent, and not abroad, to be automatically naturalized. The commenter goes further with even more explanation to substantiate the reasoning.
USCIS Response
USCIS appreciates the information the public commenter provided. The public commenter has taken the time and effort to provide information and feedback about current immigration matters. USCIS understands that the commenter is passionate and well-versed about immigration and continuously shares his knowledge.
Issue # 2
Commenter states that applicants need to submit original documents with applications.
USCIS Response
Through the adjudication process, USCIS may request original documents with applications. Each application is unique and requires adjudicators to review each application with distinction.
Issue # 3
Applicant should be warned will be deported if lie on the application.
USCIS Response
USCIS thanks the commenter for providing feedback about the form revision. Form N-600 pertains to applicant who applies because the applicant claims to be a U.S. citizen. Therefore, the United States cannot state that an applicant will be deported if the applicant lies on an application.
Issue # 4
The commenter states that the supporting statement incorrectly refers to section 322 as the authority for which Certificates of Citizenship are issued for Form N-600s.
USCIS Response
USCIS agrees with the commenter and will make the adjustment.
Issue # 5
Based upon the commenter’s writing which is a bit confusing, USCIS believes that the commenter supports USCIS’s response to another public comment about the “Law in Effect at the Time of Your Birth” as being confusing. USCIS thinks that the public commenter approves of USCIS’s decision to maintain the language.
USCIS Response
USCIS thanks the commenter for his welcoming remarks and appreciates the support in this complicated endeavor.
Issue # 6
The commenter discusses “unmentionable comments” about revising the title “Law in Effect at the Time of Your Birth” to “Law in Effect at the Time the Critical Effects…” The unmentionable comment also provided USCIS Director’s support and AAO’s examples.
USCIS Response
Unfortunately, USCIS continues to be a bit confused by the comments. USCIS believes that the commenter states that USCIS has strived to incorporated as much useful information as possible for the public. USCIS agrees with that analysis because USCIS has dedicated a lot of time and effort to revise the form to support applicants and USCIS.
Issue # 7
The commenter states that “[b]ased upon reviewing the public comments, USCIS interprets the comment to state that the commenter suggested USCIS include ‘You Should File This Form, numbered statements 1 and 2 are now joined by the word ‘or’ rather than ‘and’’ to which USCIS did so.”
USCIS Response
USCIS receives comments from many entities including this particular public commenter and endeavors to improve the form to support the public.
Issue # 8
The commenter states “[b]ased upon reviewing the public comments, USCIS interprets the comment to state that the commenter suggested that USCIS further explain ‘valid unexpired U.S passport’ to include verbiage such as ‘unrestricted’, ‘issued for a full validity period’, ‘properly issued’.’
USCIS Response
USCIS welcomes the commenter’s feedback while also endeavoring to balance the needs of the public. Unfortunately, the general public may not know what "unrestricted", "issued for a full validity period", "properly issued" mean. Therefore, USCIS will maintain the language as it continues to strive to provide plain language into the instructions as has been advocated throughout the federal government.
USCIS does not provide payments or gifts to respondents in exchange for a benefit sought.
10. There is no assurance of confidentiality. The system of record notice associated with this information collection is United States Citizenship and Immigration Services Benefits Information System, which was published in the Federal Register on September 29, 2008 at 73 FR 56596. The privacy impact assessment associated with this information collection is the Reengineered Naturalization Casework System (Dated August 24, 2009).
11. There are some questions regarding marital history of parents that are considered sensitive in nature. However, this information is necessary to make a determination on the applicant’s eligibility for citizenship.
12. Annual Reporting Burden:
a. Number of Respondents 57,000
b. Number of Responses per each Respondent 1
c. Total Annual Responses 57,000
d. Hours per Response 1.6
e. Total Annual Reporting Burden 91,200
Annual Reporting Burden
Total annual reporting burden hours is 91,200. This figure was derived by multiplying the number of respondents (57,000) x (1) frequency of response x 1.6 hours (1 hour and 36 minutes) per response.
There are no capital or start-up costs associated with this information collection. Any cost burdens to respondents as a result of this collection are identified in question 14. There are fees associated with this information collection. The fee for filing the Form N-600 is $600.
14. Annualized Cost Analysis:
a. Printing Cost $ 12,000
b. Collecting and Processing $ 34,200,000
c. Total Cost to Program $ 34,212,000
d. Fee Charge $ 34,212,000
e. Total Annual Cost to Government $ 0
Government Cost
The estimated cost of the program to the Government is calculated by multiplying the estimated number of respondents (57,000) x the $600 fee charge. (The fee charges include the suggested average hourly rate for clerical, officer, and managerial time with benefits, plus a percent for the estimated overhead cost for printing, stocking, distributing and processing of this form).
The estimated annual burden cost is $ 2,803,488. This estimate is based on the number of respondents (57,000) x (1) number of responses x 1.6 hours (1 hour and 36 minutes) per response x $30.74 (average hourly rate).
The estimated annual fee cost is $34,200,000. This is based on the number of respondents 57,000 x $600 fee charge.
15. There has been an increase of 20,850 burden hours previously reported for this information collection. This change can be attributed to the fact that the number of respondents increased from 44,441 respondents to 57,000 respondents. Additionally, there has been a small increase in the hours per response from 1.583 hours to 1.6 hours
USCIS does not intend to employ the use of statistics or the publication thereof for this collection of information.
USCIS will display the expiration date in this information collection in accordance with OMB regulations.
18. USCIS does not request an exception to the certification of this information collection.
Collection of Information Employing Statistical Methods.
Not applicable.
C. Certification and Signature.
In submitting this request for OMB approval, I certify that the requirements of the Privacy Act and OMB directives have been complied with including paperwork regulations, statistical standards or directives, and any other information policy directives promulgated under 5 CFR 1320.
__________________________________ ___________________
Chief,
Regulatory Products Division,
Office of the Executive Secretariat,
| File Type | application/msword |
| File Title | Supporting Statement |
| Author | A Valued User |
| Last Modified By | Ramsay, John R |
| File Modified | 2012-09-11 |
| File Created | 2012-09-11 |