Personal Investigation by USCIS before Granting Naturalization

[kcoyclay1 98]

INA: ACT 335 - INVESTIGATION OF APPLICANTS; EXAMINATIONS OF APPLICANTS

Sec. 335. [8 U.S.C. 1446]

(a) Before a person may be naturalized, an employee of the Service, or of the United States designated by the Attorney General, shall conduct a personal investigation of the person applying for naturalization in the vicinity or vicinities in which such person has maintained his actual place of abode and in the vicinity or vicinities in which such person has been employed or has engaged in business or work for at least five years immediately preceding the filing of his application for naturalization. The Attorney General may, in his discretion, waive a personal investigation in an individual case or in such cases or classes of cases as may be designated by him.

(b) The Attorney General shall designate employees of the Service to conduct examinations upon applications for naturalization. For such purposes any such employee so designated is hereby authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any applicant for naturalization, to administer oaths, including the oath of the applicant for naturalization, and to require by subpoena the attendance and testimony of witnesses, including applicant, before such emplo yee so designated and the production of relevant books, papers, and documents, and to that end may invoke the aid of any district court of the United States; and any such court may, in the event of neglect or refusal to respond to a subpoena issued by any such employee so designated or refusal to testify before such employee so designated issue an order requiring such person to appear before such employee so designated, produce relevant books, papers, and documents if demanded, and testify; and any failu re to obey such order of the court may be punished by the court as a contempt thereof. The record of the examination authorized by this subsection shall be admissible as evidence in any hearing conducted by an immigration officer under section 336(a) . Any such employee shall, at the examination, inform the applicant of the remedies available to the applicant under section 336 .

© The record of the examination upon any application for naturalization may, in the discretion of the Attorney General, be transmitted to the Attorney General and the determination with respect thereto of the employee designated to conduct such examination shall when made also be transmitted to the Attorney General.

(d) The employee designated to conduct any such examination shall make a determination as to whether the application should be granted or denied, with reasons therefor.

(e) After an application for naturalization has been filed with the Attorney General, the applicant shall not be permitted to withdraw his application, except with the consent of the Attorney General. In cases where the Attorney General does not consent to the withdrawal of the application, the application shall be determined on its merits and a final order determination made accordingly. In cases where the applicant fails to prosecute his application, the application shall be decided on the merits unless the Attorney General dismisses it for lack of prosecution.

An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred.

[onye uwaoma 131]

INA: ACT 335 - INVESTIGATION OF APPLICANTS; EXAMINATIONS OF APPLICANTS

Sec. 335. [8 U.S.C. 1446]

(a) Before a person may be naturalized, an employee of the Service, or of the United States designated by the Attorney General, shall conduct a personal investigation of the person applying for naturalization in the vicinity or vicinities in which such person has maintained his actual place of abode and in the vicinity or vicinities in which such person has been employed or has engaged in business or work for at least five years immediately preceding the filing of his application for naturalization. The Attorney General may, in his discretion, waive a personal investigation in an individual case or in such cases or classes of cases as may be designated by him.

(b) The Attorney General shall designate employees of the Service to conduct examinations upon applications for naturalization. For such purposes any such employee so designated is hereby authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any applicant for naturalization, to administer oaths, including the oath of the applicant for naturalization, and to require by subpoena the attendance and testimony of witnesses, including applicant, before such emplo yee so designated and the production of relevant books, papers, and documents, and to that end may invoke the aid of any district court of the United States; and any such court may, in the event of neglect or refusal to respond to a subpoena issued by any such employee so designated or refusal to testify before such employee so designated issue an order requiring such person to appear before such employee so designated, produce relevant books, papers, and documents if demanded, and testify; and any failu re to obey such order of the court may be punished by the court as a contempt thereof. The record of the examination authorized by this subsection shall be admissible as evidence in any hearing conducted by an immigration officer under section 336(a) . Any such employee shall, at the examination, inform the applicant of the remedies available to the applicant under section 336 .

© The record of the examination upon any application for naturalization may, in the discretion of the Attorney General, be transmitted to the Attorney General and the determination with respect thereto of the employee designated to conduct such examination shall when made also be transmitted to the Attorney General.

(d) The employee designated to conduct any such examination shall make a determination as to whether the application should be granted or denied, with reasons therefor.

(e) After an application for naturalization has been filed with the Attorney General, the applicant shall not be permitted to withdraw his application, except with the consent of the Attorney General. In cases where the Attorney General does not consent to the withdrawal of the application, the application shall be determined on its merits and a final order determination made accordingly. In cases where the applicant fails to prosecute his application, the application shall be decided on the merits unless the Attorney General dismisses it for lack of prosecution.

An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred.

Do you have any question about your case?

[krishna12 0]

I didn't understand..Does it mean that for every applicant that filed for Citizenship, an officer will come and investigate to see if i am employed or not(employee based GC) or if i am staying in same house with my spouse(family based GC)?

[JimmyHou 610]

I didn't understand..Does it mean that for every applicant that filed for Citizenship, an officer will come and investigate to see if i am employed or not(employee based GC) or if i am staying in same house with my spouse(family based GC)?

No.

I'm not sure what the OP's question was... perhaps her post was truncated.

The quoted text is just the legal basis used by USCIS so that they can conduct naturalization interviews.

If you look at the USCIS policy manual, the same section quoted above is under the INA 335 link under "Legal Authorities" in the Naturalization Examination section.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartB.html

You should expect the typical process described elsewhere on this forum.

Edited July 26, 2014 by JimmyHou

[krishna12 0]

No.

I'm not sure what the OP's question was... perhaps her post was truncated.

The quoted text is just the legal basis used by USCIS so that they can conduct naturalization interviews.

If you look at the USCIS policy manual, the same section quoted above is under the INA 335 link under "Legal Authorities" in the Naturalization Examination section.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartB.html

You should expect the typical process described elsewhere on this forum.

I still didn't get it.. In what instances INA 335 is applicable.

[kcoyclay1 98]

Do you have any question about your case?

Just giving information based on what I read. Someone might benefit from the information. However, thank you for asking . I've heard of cases where officers visit applicants homes. One lady said that the officer came to a party that she attended with her husband. Can you imagine that! That was while she had filed for adjustment of status. Anyway sorry for the misunderstanding.

Edited July 27, 2014 by kcoyclay1