Chapter 3 - Naturalization Examination

A. Roles and Responsibilities

1. USCIS Officers

Authority to Conduct Examination

USCIS officers have authority to conduct the examination (commonly referred to as the naturalization interview) and verify the investigation has been completed or was waived.^[1] The officer introduces himself or herself and explains the purpose of the naturalization examination and places the alien under oath at the start of the interview.

USCIS’ authority^[2] includes the legal authority for officers to:

• Place an individual under oath;
• Obtain oral and written testimony during an in-person interview;
• Subpoena witnesses;
• Request evidence; and
• Administer the Oath of Allegiance (when delegated by the Field Office Director).

Questions on Eligibility

An officer’s questioning of an alien during the alien's naturalization interview must cover all of the requirements for naturalization.^[3] In general, the officer’s questions focus on the information in the naturalization application, documentation provided, and any information obtained from an investigation that may need additional questioning. The officer may ask any questions that are pertinent to the eligibility determination. The officer provides the alien with suitable opportunities to respond to questions in all instances.

In general, the officer’s questions may include, but are not limited to, the following questions:

• Biographical information, to include marital history and military service;
• Admission and length of time as a lawful permanent resident (LPR);
• Absences from the United States after becoming an LPR;
• Places of residence and employment history;
• Knowledge of English and of U.S. history and government (civics);
• Moral character and any criminal history;
• Loyalty to the United States and attachment to the principles of the U.S. Constitution;
• Affiliations or memberships in certain organizations;
• Willingness to take an Oath of Allegiance to the United States; and
• Any other topic pertinent to the eligibility determination.

In most cases, the officer conducting the naturalization interview administers the required tests relating to the alien’s ability to read and write English, and his or her knowledge of U.S. history and government (civics), unless the alien is exempt.^[4] However, the officer who conducts the naturalization interview and who determines the alien’s ability to speak and understand English is not required to also administer the English reading and writing, and civics tests.

Grounding Decisions on Applicable Laws

An officer must analyze the facts of each case to make a legally sound decision on the naturalization application. The officer must base his or her decision to approve or deny the application on the relevant laws, regulations, precedent decisions, and agency guidance.

• The Immigration and Nationality Act (INA) is the primary source of pertinent statutory law.^[5]
• The corresponding regulations explain the statutes further and provide guidance on how the statutes are applied.^[6]
• Precedent decisions have the force of law and are binding on cases within the jurisdiction of the court or appellate body making the decision.^[7]
• USCIS guidance provides the agency’s policies and procedures supporting the laws and regulations. The USCIS Policy Manual is the primary source for agency guidance.^[8]

2. Authorized Representatives

An alien may request the presence and counsel of a representative, to include attorneys or other representatives, at the alien’s in-person interview. The representative must submit to USCIS a properly completed notice of entry of appearance.^[9]

In cases where an alien requests to proceed without the assistance of a representative, the alien must sign a waiver of representation. If the alien does not want to proceed with the interview without his or her representative, the officer must reschedule the interview. Officers should consult with a supervisor if the representative fails to appear for multiple scheduled interviews.

The representative’s role is to ensure that the alien’s legal rights are protected. A representative may advise his or her client on points of law but should not respond to questions the officer has directed to the alien.

An alien may be represented by any of the following:

• Attorneys licensed in the United States;^[10]
• Certain law students and law graduates not yet admitted to the bar;^[11]
• Certain reputable individuals who are of good moral character, have a pre-existing relationship with the alien and are not receiving any payment for the representation;^[12]
• Accredited representatives from organizations accredited by the Board of Immigration Appeals (BIA);^[13]
• Accredited officials of the government to which a person owes allegiance;^[14] or
• Attorneys licensed outside the United States.^[15]

No other person may represent an alien.^[16]

3. Interpreters

An alien may bring an interpreter at their own expense, if eligible to use an interpreter. The interpreter must:

• Translate what the officer and the alien say word for word to the best of his or her ability without providing the interpreter’s own opinion, commentary, or answer; and
• Complete an interpreter’s oath and privacy release statement and submit a copy of his or her government-issued identification at the naturalization interview.

A disinterested party should be used as an interpreter. If the USCIS officer is fluent in the alien’s native language, the officer may conduct the examination in the alien’s language of choice. 

USCIS reserves the right to disqualify an interpreter provided by the alien if an officer considers that the integrity of the examination is compromised by the interpreter’s participation.

B. Preliminary Review of Application

A USCIS officer who is designated to conduct the naturalization interview should review the alien’s “A-file” and naturalization application before the interview. The A-file is the alien’s record of his or her interaction with USCIS, legacy Immigration and Naturalization Service (INS), and other governmental organizations with which the alien has had proceedings pertinent to his or her immigration record. The officer addresses all pertinent issues during the naturalization interview.

1. General Contents of A-File

The alien’s A-file may include the following information along with his or her naturalization application:

• Documents that show how the alien became an LPR;^[17]
• Other applications or forms for immigration benefits submitted by the alien;
• Correspondence between USCIS and the alien;
• Memoranda and forms from officers that may be pertinent to the alien’s eligibility; or
• Materials such as any criminal records,^[18] correspondence from other agencies, and investigative reports and enforcement actions from DHS or other agencies.

2. Jurisdiction for Application^[19]

In most cases, the USCIS office having jurisdiction over the alien’s residence^[20] at the time of filing has the responsibility for processing and adjudicating the naturalization application.^[21] An officer should review whether the jurisdiction of a case has changed because the alien has moved after filing his or her naturalization application. The USCIS office may transfer the application to the appropriate office with jurisdiction when appropriate.^[22] In addition, an alien applying for naturalization as a battered spouse of a U.S. citizen^[23] or child may use a different address for safety which does not affect the jurisdiction requirements. 

In cases where an officer becomes aware of a change in jurisdiction during the naturalization interview, the officer may complete the interview and then forward the alien’s A-file with the pending application to the office having jurisdiction. The officer informs the alien that the application’s jurisdiction has changed. The alien will receive a new appointment notice from the current office with jurisdiction.

3. Results of Background and Security Checks^[24]

An officer must ensure that all of the appropriate background and security checks have been conducted on the alien applying for naturalization and that the results of those checks remain valid at time of adjudication. The results of the background investigation and security checks should be included as part of the record.

4. Other Documents or Requests in the Record

Requests for Accommodations or Disability Exceptions

USCIS accommodates aliens with disabilities by making modifications to the naturalization examination process.^[25] An officer reviews the application for any accommodations request, any oath waiver request, or for a medical disability exception from the educational requirements for naturalization.^[26]

Previous Notice to Appear, Order to Show Cause, or Removal Order

An officer reviews an alien’s record and relevant databases to identify any current removal proceedings or previous proceedings resulting in a final order of removal from the United States. If an alien is in removal proceedings, a Notice to Appear or the previously issued “Order to Show Cause” may appear in the alien’s record.^[27] Except for certain cases involving naturalization based on military service, USCIS lacks the authority to grant naturalization to an alien against whom there is a pending removal proceeding initiated by a warrant of arrest.^[28]

The officer should deny the naturalization application if the alien has already received a final order of removal from an immigration judge,^[29] unless:

• The order has been vacated;
• The alien departed the United States and later was lawfully admitted for permanent residence under a different visa from the one under which the alien was previously admitted and then ordered removed; or
• The alien is filing for naturalization under the military naturalization provisions.^[30]

USCIS is not precluded from considering the circumstances underlying the final order of removal in such cases if they are relevant to the alien’s eligibility for naturalization (for example, if they impact the alien’s moral character). However, the alien is not ineligible for naturalization under the provisions of INA 318 that relate to an outstanding final finding of deportability or a pending removal proceeding.

C. Interview

All aliens applying for naturalization must appear for an in-person examination before a USCIS officer after filing an Application for Naturalization (Form N-400).^[31] The alien’s examination includes both the interview and the administration of the English and civics tests. The alien’s interview is a central part of the naturalization examination. The officer conducts the interview with the alien to review and examine all factors relating to the alien’s eligibility.^[32]  

The officer places the alien under oath and interviews the alien on the questions and responses in the alien’s naturalization application.^[33] The initial naturalization examination includes:

• An officer’s review of information provided in the alien’s naturalization application;
• The administration of tests on the educational requirements for naturalization;^[34] and
• An officer’s questions relating to the alien’s eligibility for naturalization,^[35]any derogatory information identified as a part of the investigation,^[36]and information and documentation provided as part of the application.^[37]

The alien’s written responses to questions on his or her naturalization application are part of the documentary record signed under penalty of perjury. The officer reviews the alien’s written responses and examines the evidence of record and asks follow-up questions to resolve any outstanding issues. The written record includes any amendments to the responses in the application that the officer makes in the course of the naturalization interview as a result of the alien’s testimony. 

During the interview, an officer may also take a sworn statement regarding any requirement or question relevant to the alien’s eligibility for naturalization.^[38] The testimony recorded in a sworn statement may be critical in determining eligibility for the benefit sought and may be particularly important in complex cases, such as those involving national security or fraud concerns.^[39] The amendments, sworn affidavits, and oral statements and answers document the alien’s testimony and representations during the naturalization interview. 

At the officer’s discretion, he or she may record the interview by a mechanical, electronic, or videotaped device. The officer also may have a transcript made or may prepare an affidavit covering the testimony of the alien.^[40] The alien or his or her authorized attorney or representative may request a copy of the record of proceedings through the Freedom of Information Act (FOIA).^[41]

The officer provides the alien with a notice of results at the end of the examination regardless of the outcome.^[42] The notice provides the outcome of the examination and should explain what the next steps are in cases that are continued.^[43]

D. Subsequent Interview

USCIS may schedule an alien for a subsequent examination (re-examination) to determine the alien’s eligibility.^[44] During the re-examination:

• The officer reviews any evidence provided by the alien in a response to a Request for Evidence issued during or after the initial interview.
• The officer considers new oral and written testimony and determines whether the alien meets all of the naturalization eligibility requirements, to include re-testing the alien on the educational requirements (if necessary).

In general, the re-examination provides the alien with an opportunity to overcome deficiencies in his or her naturalization application. Where the re-examination is scheduled for failure to meet the educational requirements for naturalization during the initial examination, the subsequent re-examination is scheduled between 60 and 90 days from the initial examination.^[45]

If the alien is unable to overcome the deficiencies in his or her naturalization application, the officer denies the naturalization application. An alien or his or her authorized representative may request a USCIS hearing before an officer on the denial of the alien’s naturalization application.^[46]

Footnotes

[^ 1] See INA 335(b). See 8 CFR 335.2.

[^ 2] See INA 335(a) and INA 335(b). See 8 CFR 335.1 

[^ 3] See Part D, General Naturalization Requirements [12 USCIS-PM D]. 

[^ 4] See Part E, English and Civics Testing and Exceptions [12 USCIS-PM E].

[^ 5] See Pub. L. 82-414 (June 27, 1952), as amended. 

[^ 6] See Title 8 of the Code of Federal Regulations (8 CFR). Most of the corresponding regulations have been promulgated by legacy INS or USCIS.

[^ 7] Precedent decisions are judicial decisions that serve as an authority for deciding an immigration matter. Precedent decisions are decisions designated as such by the Board of Immigration Appeals (BIA), Administrative Appeals Office (AAO), and published appellate court decisions. Decisions from district courts are not precedent decisions in other cases.

[^ 8] The Adjudicator’s Field Manual (AFM) and policy memoranda also serve as key sources for guidance on topics that are not covered in the Policy Manual.

[^ 9] See 8 CFR 335.2(a). The representative must use the Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28).

[^ 10] See 8 CFR 292.1(a)(1).

[^ 11] See 8 CFR 292.1(a)(2).

[^ 12] See 8 CFR 292.1(a)(3).

[^ 13] See 8 CFR 292.1(a)(4) and 8 CFR 292.2.

[^ 14] See 8 CFR 292.1(a)(5).

[^ 15] See 8 CFR 292.1(a)(6). In naturalization cases, attorneys licensed only outside the United States may represent an alien only when the naturalization proceeding can occur overseas and where DHS allows the representation as a matter of discretion. Attorneys licensed only outside the United States cannot represent an alien whose naturalization application is processed solely within the United States unless the attorney also qualifies under another representation category.

[^ 16] See 8 CFR 292.1(e).

[^ 17] See Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Resident Admission for Naturalization, Section D, Underlying Basis for Admission [12 USCIS-PM D.2(D)].

[^ 18] For example, a Record of Arrest and Prosecution (“RAP” sheet).

[^ 19] See Part D, General Naturalization Requirements, Chapter 6, Jurisdiction, Place of Residence, and Early Filing [12 USCIS-PM D.6].

[^ 20] See INA 101(a)(33). This is the same as the applicant’s actual domicile.

[^ 21] An alien who is a student or a member of the U.S. armed forces may have different places of residence that may affect the jurisdiction requirement. See 8 CFR 316.5(b). 

[^ 22] See 8 CFR 335.9.

[^ 23] See INA 319(a). 

[^ 24] See Chapter 2, Background Investigation and Security Checks [12 USCIS-PM B.2].

[^ 25] See Part C, Accommodations [12 USCIS-PM C]. For additional instructions on how to submit a disability accommodation request, see the Disability Accommodations for the Public webpage.

[^ 26] See Part E, English and Civics Testing and Exceptions, Chapter 3, Medical Certification for Disability Exceptions (N-648) [12 USCIS-PM E.3]. See Part J, Oath of Allegiance, Chapter 3, Oath of Allegiance Modifications and Waivers [12 USCIS-PM J.3]. 

[^ 27] An Order to Show Cause was the notice used prior to enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Pub. L. 104–208 (PDF), 110 Stat. 3009 (September 30, 1996).

[^ 28] See INA 318. See INA 328(b)(2) (aliens currently in the U.S. armed forces and eligible for military naturalization under INA 328(a)). See INA 329(b)(1) (aliens eligible for military naturalization under INA 329(a)). See Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Resident Admission for Naturalization, Section F, Removal Proceedings, Subsection 2, Pending Removal Proceedings [12 USCIS-PM D.2(F)(2)]. 

[^ 29] Officers should consult with OCC where an applicant is subject to an order of deportation or removal or was subject to an order of deportation or removal at the time of adjustment of status.

[^ 30] See INA 328(b)(2) and INA 329(b)(1).

[^ 31] See 8 CFR 335.2(a).

[^ 32] See Part D, General Naturalization Requirements [12 USCIS-PM D].

[^ 33] If an alien who is applying for naturalization is unable to undergo any part of the naturalization examination because of a physical or developmental disability or mental impairment, a legal guardian, surrogate or an eligible designated representative completes the naturalization process for the applicant. See Part J, Oath of Allegiance, Chapter 3, Oath of Allegiance Modifications and Waivers [12 USCIS-PM J.3].

[^ 34] See Part E, English and Civics Testing and Exceptions [12 USCIS-PM E]. USCIS may administer the test separately from the interview.

[^ 35] See Part D, General Naturalization Requirements [12 USCIS-PM D] for the specific eligibility requirements for each naturalization provision. For example, that the alien has demonstrated maintenance of continuous residence as a lawful permanent resident (LPR) in the United States and did not break continuity of residence.

[^ 36] See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section G, Derogatory Information Unknown to the Benefit Requestor [1 USCIS-PM E.6(G)].

[^ 37] For example, the alien’s responses to interview questions that conflict with the responses to the Form N-400 or evidence submitted with the Form N-400, such as documentation of name change.

[^ 38] See 8 CFR 103.2(b)(7)

[^ 39] For example, engaging in or suspected of terrorist activities or espionage or related activities or providing false testimony during the statutory period to obtain any immigration benefit.

[^ 40] See 8 CFR 335.2(c).

[^ 41] The alien or authorized attorney or representative may request a copy of the record of proceedings by filing a Freedom of Information/Privacy Act Request (Form G-639).

[^ 42] The officer must use the Naturalization Interview Results (Form N-652).

[^ 43] See Chapter 4, Results of the Naturalization Examination [12 USCIS-PM B.4].

[^ 44] A USCIS field office may allow the alien to provide documentation by mail in order to overcome any deficiencies without scheduling the alien to come in person for another interview. 

[^ 45] See 8 CFR 335.3(b) (Re-examination no earlier than 60 days from initial examination). See 8 CFR 312.5(a) (Re-examination for educational requirements scheduled no later than 90 days from initial examination). In cases where an alien does not meet the educational requirements for naturalization during the re-examination, USCIS denies the application. See Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing [12 USCIS-PM E.2].

[^ 46] See Chapter 6, USCIS Hearing and Judicial Review [12 USCIS-PM B.6]. See Section A, Roles and Responsibilities [12 USCIS-PM B.3(A)], for a list of authorized representatives. See 8 CFR 292.1.