(1) General. All applicants for naturalization must meet the statutory requirements for eligibility, and your decision to approve or deny an application must be based on the legal requirements found in the laws and regulations. (Never allow personal bias to factor into your decision.) In some cases, certain actions automatically make an applicant ineligible for citizenship. For example, conviction for certain crimes in and of themselves may make an applicant permanently ineligible for citizenship. However, in other cases, you will need to consider several factors in order to determine an applicant's eligibility including:

• The contents in the file
• The documentary evidence provided by the applicant
• The applicant’s testimony

This section will discuss how to make decisions both when there is clear disqualifying evidence and when the decision is less straightforward. Use your critical reasoning skills when analyzing the factors involved in the case, and use your good judgment to make a final decision. Whatever the situation, you must base your decision to grant or deny an application on the laws, regulations, precedent decisions, and policies governing the benefit being sought. In addition, your decisions must be:

• Accurate,
• Coherent,
• Well founded, and
• Well reasoned.
• When you must write a decision, it should always demonstrate that:
• You are thoroughly familiar with the entire case
• You recognize all of the facts and issues involved
• Your decision is based on the laws, regulations, policies, and precedent decisions

Your written decision should state in clear, concise language the facts on which you based your determination and in case of a denial should cite the specific statutory requirements not met by the applicant. See paragraph 72.3(l) for a more detailed discussion about what a written denial decision should contain.

(3) Evaluation Factors. Keeping in mind the laws, regulations, policies, procedures, and precedent decisions, base your decision to approve or deny a case on these important factors:

• Do the documents submitted support the applicant's claim of eligibility?
• Does the file contain documents submitted by the applicant that constitute evidence that the applicant is ineligible? For example, tax returns showing that he has filed as head of household for the past three years and is qualifying under 319(a).
• Does the file contain derogatory information that leads you to believe that the applicant does not qualify for the benefit being sought? For example, a rap sheet, or the negative results of a field investigation conducted by the Service, ICE, or USCIS at the applicant's address of record?
• Is the applicant's oral testimony credible?
  
  

(4) Documenting Your Decision. The applicant's statutory eligibility or ineligibility is based on consideration of the totality of the evidence presented in the file and at the interview. The basis for a denial must be well documented. If the applicant asks for a second hearing or a de novo hearing, the second officer or judge will more likely understand and arrive at the same decision if you have clearly articulated your reasoning, evidence, facts and line of argument in the denial. See Chapter 72.4(j) for a discussion of denial preparation.

Here is a possible scenario for a section 319(a) case, where no single document or evidence clearly establishes that the applicant has met the requirements for naturalization under this provision. The applicant must establish that she has been living in marital union with her United States citizen spouse for the past 3 years immediately preceding the date of filing for naturalization. The evidence in the file and testimony presented at the interview are as follows:

Example 1 [(b)(2) or (b)(7)(E)]
[(b)(2) or (b)(7)(E)]
Example 2 [(b)(2) or (b)(7)(E)]

(5) Conclusion: Grounding Your Decisions. While you must always use your critical reasoning skills to analyze the facts of the case and your good judgment to make a final decision, you must base your decision to approve or deny an application on the legal requirements found in the laws, regulations, policies, and precedent judicial/administrative decisions. You will draw from all of these sources the knowledge of the applicable laws and procedures that will enable you to make accurate and consistent decisions. These sources will help you to determine whether the applicant has met the statutory requirements of the benefit being sought, and to demonstrate the basis upon which you made your decision.

The statutes are the primary source of law. The regulations are the USCIS's published policies and procedures stating how the statutes will be applied. Precedent decisions are cases in which one or more statutes have been interpreted by a Federal court or an appellate body empowered to decide immigration matters. Precedent decisions have the force of law and are binding upon adjudicators for cases within the jurisdiction of the court or the appellate body making decision. These decisions will help guide your thinking and ultimately your decisions to grant or deny benefits. Basing your decisions on prior administrative and judicial precedent decisions will also ensure that you will make consistent decisions and uniformly administer the naturalization process.

In some cases, you will need to perform extensive research before you make a decision. It is important that you know where to look when researching issues in a case. See Chapter 14 of this manual for a discussion on conducting research.

(2) Naturalization Case Management System. Depending on your office, you will have access to various computer systems, including a naturalization case management system (CLAIMS, RNACs, or a local system) that provides information about the history and status of an application. This system also tracks an application throughout the naturalization process—from the time an application is filed and processed, through adjudication and oath, to case close-out. When an application is approved, continued, withdrawn, transferred or denied an adjudicator or other authorized personnel must update the system to reflect the decision.

In addition to its tracking features, the naturalization case management systems also have other important functions useful to adjudicators:

• Printing naturalization interview notices
• Printing the Certificate of Naturalization
• Printing notifications to the applicant about when and where to report for the naturalization oath ceremony
• Managing caseloads and work flow
• However, most systems cannot print a Certificate of Naturalization or an oath ceremony notice if it has not been updated to reflect that the application has been approved.
  
  

(1) General. You must grant an application if the applicant meets all statutory requirements for naturalization (see 8 CFR 335). In order to understand each of the specific statutory requirements, familiarize yourself with the sections of this manual relating to: residence, Chapter 73.1 - 73.5; good moral character, Chapter 73.6; English and Civics, Chapter 73.8 and Attachment to the Constitution, Chapter 73.7.)

You must make a decision whether to grant an application either at the time of the initial examination or within 120 days after the initial examination. [See section 335 of the Act and 8 CFR 335.3.) If a case does not require NQP supervisory concurrence, you may tell the applicant at the end of the interview that his or her application has been approved and that he or she must take the oath of allegiance to complete the citizenship process. Also provide the applicant with an N–652, a form used to record the applicant’s interview results. See also Chapter 72.2(d) for a more complete discussion of forms used during the process. Once you decide to grant the application, you should take the following processing steps that are detailed in the following questions and corresponding answers below:

(2) Applicant Photographs. Every applicant is required to provide USCIS with three identical passport style color photographs. However, most offices will generally allow the applicant to submit two photographs. [See 8 CFR 333.1.] During the interview, inspect the photographs to make sure that they are actually of the applicant and that they meet all required specifications. [See section 333 of the Act and 8 CFR 333.1(a).]

Note: Although Form M-378, Photo Specification Sheet gives many of the above specifications, do not use this form when instructing applicants regarding photos; the exterior dimensions for photos for Form I-551 do not match those for the naturalization certificate. Photos that meet the specifications outlined in Form M-378 will be too small to cover the entire area designated for the photo on the naturalization certificate.

After the interview and the certificate preparation sheet has been completed, if the correct photographs are submitted, advise the applicant to sign the front of each photograph with his or her full name (if the applicant is changing his or her name, the applicant should sign with the new name). Ensure that the applicant’s signature does not obscure the facial features of the photograph. An applicant who is unable to write may place a mark on the photograph in lieu of a signature. [See 8 CFR 333.1(b).] If the applicant is physically unable to mark or sign the photos, you or the applicant’s guardian must sign the photographs as provided in 8 CFR 333.1(c)(2).

An applicant for naturalization must sign his or her photograph in English script, unless he or she is exempt from the English language requirement. In this case, the photographs may be signed in any language/script. [See 8 CFR 333.1(b).]

If incorrect photographs are submitted, advise the applicant to provide proper photographs before the oath ceremony. If the oath ceremony is not occurring that day, give the applicant a Form N–14, Form Letter for Deficient Application or Petition, requesting that he or she mail or bring the photos to the office. If the applicant is being sworn in that day, advise the applicant to bring the photos to the district office before the ceremony for certificate preparation.

When you give an applicant an N–14, indicate that he or she should write (lightly in pencil to avoid marking the photo) his or her file number on the back of the photographs before mailing or bringing them to the USCIS office. Consult your local office policy concerning the proper procedures to request photos. (This option may vary depending on when the applicant will be administered the oath of allegiance)

Consult your local office policy concerning the proper procedures to request photos.

(4) Oath of Allegiance. During the interview, an applicant should establish either that:

• He or she will assume and discharge the obligations of the oath of allegiance, and his or her attitude toward the Constitution and laws of the United States renders the applicant capable of fulfilling the obligations of the oath of allegiance, or

• He or she is eligible to take a modified oath of allegiance.

Once an applicant establishes his or her willingness to take the oath of allegiance, the applicant must legibly sign his or her full true name on Form N–649: Certificate Preparation Sheet and Oath Declaration. If you determine that an applicant is eligible to take a modified oath, before the applicant signs on the N-649, draw a line through the designated portions of the oath (that can be modified under the statute) that do not apply. Also flag the file to indicate that the applicant is taking a modified oath. If someone reviews the file before the oath ceremony, he or she will be able to note on the oath ceremony list that the applicant is taking a modified oath. Consult your local office policy to determine whether you are required to flag the file if the applicant is taking a modified oath.

See 8 CFR 337.1(b), Interpretations 337.2(b)(2) and Appendix 72-1, NQP Attachment 5. regarding modified oath requirements. See also, Chapter 73.7 of this manual.

(6) Form N–400. During the interview, you should review all biographical information on the applicant’s Form N–400 to make sure that it is complete, accurate, and up-to-date, because much of this information will be transferred to his or her Certificate of Naturalization. At times, you may have to have the applicant fill in areas that are incomplete or change information in the biographic information section of N–400. Making changes to the application during the interview will ensure that the applicant’s Certificate of Naturalization will contain the correct information. For a more complete discussion of how changes should be made, see Appendix 72-1, NQP Section V.

Subject to cases that require your supervisor’s review, stamp the applicant’s N–400 with your USCIS authorized approval stamp, and sign your complete name within the space provided.

(7) Naturalization Case Management System. You must update the naturalization case management system when you make changes to the biographical information on the N-400. An applicant approved for citizenship will receive an N–550, Certificate of Naturalization at the oath ceremony as evidence that he or she is now a United States citizen. Although a naturalization clerk will print the certificate, it is important that all biographic information in the N-400 is accurate because much of this information will be recorded on the N-550. Even when you do not make any changes to the application, you should check the computer system to ensure that the information is correct prior to granting a case.

Follow your local office policy, to ensure that any changes that you make to the N–400 are updated in the naturalization case management system (CLAIMS, RNACS, or a local system) that prints the applicant’s information onto the certificate. The following information about the applicant will appear on the Certificate of Naturalization:

• A-number
• Number of the Certificate of Naturalization
• Date of naturalization
• Name (Always make sure the applicant's name is complete and correct).
• Place of residence
• Signed photograph
• Age
• Sex
• Marital status
• Country of former nationality
• Location of the district office where the application was filed
• Title, authority, and location of the official or court administering the oath of allegiance See section 338 of the Act and 8 CFR 338.
  
  

(8) Naturalization Quality Procedures (NQP). NQP requires that you take several steps when approving an N–400. For details regarding the specific NQP requirements, see Appendix 72-1, NQP Sections V, VI, and VII.

In certain situations, NQP requires that a supervisor review a naturalization case before it can be officially granted. To review these specific situations and the nature of the review, see Appendix 72-1, NQP Section VI.

To ensure that all steps in the processing of the N–400 have been followed and annotated on the processing worksheet, and as a final check to ensure that USCIS does not naturalize an ineligible applicant, the NQP includes a reverification procedure for all approved applications. To review the reverification procedures, see Appendix 72-1, NQP Section VII.

Make sure that you understand and comply with the NQP. First, you should have received the required NQP training and you should stay abreast of any NQP changes. Second, carefully and completely fill out the N–400 adjudications processing worksheet while you are conducting the interview. Complying with the NQP procedures and properly filling out the worksheet will ensure that anyone who reviews your work will see a file that accurately and clearly reflects the quality work you have done.

A re-verifier is not responsible for re-adjudicating cases. However, as a USCIS officer, if he or she notices that an applicant has not established eligibility, the officer has the responsibility to take the appropriate action. Moreover, re-verification does not replace normal supervisory responsibilities and duties.

(9) Notification to Appear for the Naturalization Oath Ceremony. If you inform the applicant at the time of the interview that his or her application has been approved, you should inform the applicant of his or her choice to take the Oath of Allegiance in an administrative hearing before USCIS or take the Oath of Allegiance in the appropriate court having jurisdiction over his or her place of residence (subject to exclusive jurisdiction).

No person who has applied for naturalization shall be admitted to United States citizenship without having taken the Oath of Allegiance to the United States in a public ceremony either before the USCIS or the court. See Chapter 75 of this manual for a discussion of the oath ceremony.

Whether an applicant is notified at the interview or subsequently via the mail, he or she will receive Form N–445, Notification of Oath Ceremony, advising the applicant of the time, place, and date of the oath ceremony. In most offices, a clerical staff member prints out this form and mails it to the applicant. If the applicant is to be administered the oath on the day of the interview, either you or a clerical staff member (depending on your local office policy) would give the applicant this form. [See 8 CFR 335.3(a).] The Form N–445 also contains questions to determine whether the applicant, after his or her application has been approved, has continued to be a person of good moral character and is still attached to the fundamental principles of the Constitution of the United States. The applicant will have to answer these questions, and an officer will review the form immediately before the oath ceremony. [See 8 CFR 337.2.]

(10) Derogatory Information Received After Applicant’s N–400 Has Been Approved. If derogatory information about an applicant is received after the application has been approved, remove the applicant’s name from the list of eligible persons. He or she will not be administered the oath of allegiance until the matter is resolved favorably. If the resolution is not favorable, the applicant will be notified and provided with an opportunity to overcome derogatory information.

USCIS will notify the applicant in writing about the receipt of derogatory information, via a motion to reopen the previously granted application. The applicant will have 15 days to respond to this motion. If the applicant will not receive this notice before the date an applicant is scheduled to appear for an oath ceremony, you should also contact him or her by telephone. If the applicant overcomes the derogatory information, grant the application and the applicant will be scheduled to appear for the administration of the oath of allegiance.[See 8 CFR 335.5.]

If the applicant is unable to overcome the derogatory information, the motion to reopen will be granted, and the application will be denied pursuant to 8 CFR 336.1. For a more detailed discussion on the denial of N–400, see Chapter 72.4(j).

(1) General. Continue a case when you do not have sufficient documentary evidence, testimony, or legal research to either recommend granting or denying the application. Depending on the case, you may either:

• request that the applicant send you more information, or
• schedule a second interview to give the applicant an opportunity to overcome deficiencies with his
  or her application that arose during the initial interview.

[See 8 CFR 335.3(b).]

Remember that an application may be continued for more than one reason; for example, the application may be continued for a residency issue in addition to a good moral character issue. Try to cover all possible reasons with one continuance.

Generally, N–400s are continued for the following reasons:

• An applicant has failed the English literacy and/or history and government tests at the initial examination and must be re-tested;
• An applicant must appear to execute a sworn statement to resolve any issues involving good moral character, residence, taking a modified oath, etc.;
• Additional documentary evidence is required to complete the adjudication of the applicant’s N–400;
• Further legal research or a legal opinion is needed.