The following text is taken from the CIS Adjudicator's Field Manual, Chapter 74. This chapter is informative in that it provides instructions from the CIS to its adjudicators as to how to question applicants concerning each section of form N-400.

74.1 General Information and Introduction to Form N-400.

(a) Introduction. This chapter contains information about conducting examinations on N-400 applications and your responsibilities as an adjudicator. Before conducting an examination, you should review the other chapters in the Naturalization portion of this manual, especially Chapter 72, Processes/Procedures for Conducting Naturalization Examinations, and Chapter 73, Eligibility Requirements for Naturalization. These chapters contain information about eligibility requirements and the processing that takes place in order to give you information about the applicant at the time of examination – FBI clearances, file receipt, fingerprint requirements, and other processing requirements. You should also review the requirement for the applicant to appear for an examination and what to do if the applicant fails to appear, which is discussed in Chapter 72. The major objectives of this chapter are to:

• Guide you in formulating and asking questions
• Explain how information affects eligibility
• Provide information about conducting examinations
• Remind you of standards set out in various memos and wires
• Provide a single source for guidance and procedures set out in memos and wires
• Assist field offices to prepare local training on naturalization
• Standardize naturalization decisions
• Guide you if you are unsure of eligibility requirements
• Serve as a reference tool to help you find additional information about a particular question or eligibility issue
• Improve your technical skills and knowledge of the statutes, regulations, policies and procedures concerning naturalization
• Serve as a model of the way to adjudicate N-400s
• Serve as a cross-reference for those who work in offices that may have slipped from accepted

operations because of resource constraints, local conditions, fraud trends, or community needs. The information in this chapter is about procedures for conducting examinations. In many places, there are links to the statute, regulations, policy memos, and procedural instructions. There are also links to the chapters that discuss the decision-making process, policies, customer service and other sections of the field manual that have a direct bearing on the issues discussed.

You may not be doing things exactly as described in this chapter and you may feel that some of these approaches are unrealistic given resource and facility constraints. However, the manual discusses how applications should be adjudicated, not how they are presently adjudicated at particular offices. Note that in many instances there are circumstances that require or permit local discretion; these will be noted in the text. Be familiar with the statute; it tells you the requirements for naturalization that you must apply as an officer and that the applicant must meet in order to qualify for naturalization. Be familiar with the regulations; they tell you how to apply the statute to cases and set out the details of the requirements. Be familiar with policy memos and Interpretations that give you guidance in situations that are not clearly covered in the regulations, or when you need clarification about what the statute and regulations mean. With this in mind, be sure to ask enough questions to satisfy yourself or a reasonable observer that the applicant is eligible. [See 8 CFR 316.14.]

Note that withdrawals are without prejudice, and allow an applicant to re-file when the grounds for ineligibility have been overcome, or at a later date, at the applicant’s convenience. [See Chapter 72.2(i) of this manual.]

(b) Period of Time Covered by Adjudicator’s Questioning. As the adjudicator, you should not limit your questions to the statutory period, especially if the applicant’s conduct during the statutory period does not demonstrate reformation or if the earlier conduct and acts appear relevant to the applicant's present moral character. See 8 CFR 316.10(a)(2).

(c) Topics Covered by Questioning. Your questioning of an applicant must cover all the requirements for naturalization. If the applicant responds to any question on the N-400 in such a way that you believe that he or she may not meet any of the eligibility requirements, you must focus your attention particularly on that issue. In particular, see the discussion in 8 CFR 316.10(b)(1) and 316.10(b)(2) relating to good moral character. Your conclusions in this regard may be based on the applicant’s testimony, credibility, or evasiveness, as well as documents available to you during the examination.

If you believe that the applicant’s testimony is not credible when answering your questions, or there is a rap sheet, other documentation, or an indication in the file that the applicant may be ineligible, you should ask follow-up questions and carefully record the answers on the application.

The N-400 has been revised. The Part-by-Part discussion in Section 74.2 below follows the questions provided on the 1991 version of the N-400. However, this information is still relevant for adjudication of naturalization applications filed on the 2001 version of the N- 400. Your questions should relate to the questions on the N-400. However, the questions on the N-400 are just a starting point. You must evaluate the applicant’s testimony and compare it with other sources of information, such as the applicant’s history found in the ‘A’ or ‘T’ file, the rap sheet, driver’s license, tax returns, and other documents.

You must ask the applicant as many questions as appropriate to allow the applicant to demonstrate that, during the statutorily prescribed period, he or she has been and continues to be a person of good moral character. This includes the period between the filing of the application and the date of the oath. [See 8 CFR 316.10(b)(1).] The material in this chapter covers the application process up to and including the examination. See Chapter 75 of this manual, The Oath Ceremony, for information covering the period of time after the examination through the oath ceremony.

(d) Available Reference Material. The naturalization chapters of this manual, along with the Immigration and Nationality Act and title 8 of the Code of Federal Regulations are the primary sources of information relevant to the adjudication of naturalization applications.

In addition, USCIS has a series of Interpretations published in I-LINK. The Interpretations are statements of the law, the position of USCIS on issues which arise in naturalization cases, and the findings from various court cases which may be referred to when adjudicating a naturalization application. The information contained within the Interpretations may be useful, especially for good moral character issues. The Interpretations are organized so that the contents follow the naturalization and citizenship statute. For example, if you are looking up an issue involving Good Moral Character, look in Interpretations 316. Some Interpretations material has been overtaken by later policy memos and more recent court decisions or BIA certified opinions; you should verify with your district counsel before relying strictly on Interpretations for denials.

Interpretations citations appear frequently in this chapter with many of the topics discussed. They are useful for the guidance they provide in specific sets of circumstances, but also because they discuss the underlying principles of naturalization. Reading these will give you a bigger picture and a better understanding of the naturalization process as it has changed over the years.

The following material will help you determine whether an applicant meets the general requirements for naturalization. The material is organized according to the questions as they appear on the N-400. After each N-400 question, you will find information that should help you conduct the examination.

74.2. Part-by-Part Discussion of Form N-400 Data.
74.2(a) Part 1: Information About You
74.2(b) Part 2 of the N-400
74.2(c) Part 3 of the N-400
74.2(d) Part 4 of the N-400
74.2(e) Part 5 of the N-400
74.2(f) Part 6 of the N-400
74.2(g) Part 7 of the N-400
74.2(h) Part 8: Allegiance to the U.S.
74.2(i) Part 9 of the N-400
74.2(j) Part 10 of the N-400
74.2(k) Part 11 of the N-400
74.2(l) Part 12 of the N-400
(Note:This discussion follows the questions provided on the 1991 version of the N-400).

(a) Part 1: Information About You.

(1) Introduction. Part One of the application contains applicant biographic information that you must verify during the examination. In this part of the examination you must determine that the applicant is who he or she claims to be. You must be satisfied that you know to whom you are speaking. You must also establish that the file and all its contents relate to the person before you. Once you are sure of those facts, you must determine whether you have jurisdiction over the application. The information in this section of the N-400 review will help you in these important tasks.

Before beginning your review of the Form N-400, please note that there might be reasons to ask the questions on the form in an order other than that in which they are printed. For example, to the extent that information in Part 1, relating to mailing address, and Part 4, relating to residence and employment, are inter related, it may be preferable to review those sections together.

Prior to beginning any oral examination on the application, you must place the applicant under oath. During the examination, you may also need to ask questions that do not appear on Form N-400, to bring out all the facts that establish the applicant’s eligibility. Before starting the examination, you should inform the applicant that you will ask additional questions about his or her answers on the application. You should also rephrase or repeat questions to the applicant until you are satisfied that he or she understands your questions or is unable to comprehend English. See 8 CFR 335.2(c) Procedure.

(A) Identification. 8 CFR 103.2(b)(17) states “Verifying claimed citizenship or permanent resident status. The status of an applicant or petitioner who claims that he or she is a permanent resident of the United States will be verified from official records of the Service.”

You must verify an applicant’s identity before examining him or her for naturalization eligibility. In relation to naturalization, identification can be viewed as a three-step process. First, review the applicant’s A-file, paying close attention to personal identifying information and old photographs contained in the file. Second, review the pending naturalization application itself. Ensure that the latest information and photographs on the application match the previous information and photographs contained in the file. Third, physically verify the applicant’s identity after you have called the applicant into your office but before you begin the examination. You should ask the applicant for any identification documents that he or she has brought to the examination. This documentation should match the information in both the A-file and on the application.

Note: The term identification document means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, when completed with information concerning a particular individual, which is of a type intended or commonly accepted for the purpose for identification of individuals. An officer should consider the identity document(s) satisfactory if the document(s) identify the applicant. See Chapter 51 of this field manual.

(B) Evaluate the Documents. The Examination Notice (Form N-430) directs the applicant to bring his or her permanent resident card and any immigration documents to the naturalization examination. If the case is scheduled in CLAIMS 4, Form I-797C (Request for Applicant to Appear for Naturalization Initial Interview) will be sent to the applicant instructing him/her where to go and what to bring to the examination, including permanent resident card (PRC) and other INS or USCIS-issued documentation. At the time of examination or promptly thereafter, the applicant shall surrender all entry documents in his or her possession for which he/she has no use prior to naturalization, such as an immigrant identification card, border crossing card, certificate of registry or lawful entry, reentry permit, alien registration receipt card (other than Form I-551) or similar documents. Form I-551 shall be exhibited but retained by the applicant until naturalization, at which time he or she must surrender said document. All documents surrendered or presented by the applicant will need to be evaluated to make sure that the individual in front of you is the rightful holder of the permanent resident card and not an imposter (See Chapter 17.3 of the Inspector’s Field Manual regarding fraudulent documents). A thorough knowledge of the security features on the current permanent resident cards and knowledge of detection techniques for photo substitutions will help you detect counterfeit and altered cards. DHS provides numerous aids, such as document alerts, to assist you in developing proficiency in this area. See Chapter 32.5 of the Inspector’s Field Manual. When you are faced with a potential imposter, it may also be useful to question the applicant regarding the basis for his or her original immigration or adjustment of status. Codes and explanations of current and past immigrant classifications are included in Appendix 13-1 of the Inspector’s Field Manual. The nationality code included on each permanent resident card can also be helpful in verifying if the bearer is the rightful holder. (See Appendix 13-2 of the Inspector’s Field Manual.)

(2) Review of Part One. There are 6 questions listed in Part One:

• Family name, given name, and middle name (Question 1)
• U.S. Mailing Address-Care of, Street Number and Name, Apt. #, City, County, State, and Zip Code (Question 2)
• Date of Birth (month/day/year) (Question 3)
• Country of Birth (Question 4)
• Social Security # (Question 5)
• Alien Registration # (Question 6)

1. Name (Family, Given, Middle Initial).

(A) Full, True and Correct Name. The applicant’s full, true and correct name (or legal name) is the name that must be written on the application. The legal name is either: 1) the applicant’s name at birth; 2) the applicant’s name following a legal name change or 3) the recognized, anglicized version of the applicant’s legal name. You must question the applicant and amend the application in red ink to reflect the applicant’s full, true, and correct name without abbreviation. In all cases, you must verify the spelling of the applicant’s name. An initial is not a complete given name unless it is entered as such on an official birth or legal record. Check the name on the application against the name on the file, PRC, reentry documents, passports, birth certificates or recognized documentation from their prior country, as well as other identification such as driver’s license and social security card. Compare these sources with the applicant’s testimony. The applicant’s name should be a complete full name. The applicant should demonstrate that he/she has a legal right to use the name he/she is using. If the applicant has no evidence of a name change but believes that his or her name has been changed, indicate that the applicant must have his or her name changed through a naturalization ceremony administered by the court.

An applicant’s legal name may be changed through a formal legal proceeding undertaken specifically to change his or her name. A legal name change may also occur through other legal proceedings, such as annulment or divorce. The Foreign Affairs Manual can be used for guidance as to what would be accepted as a legal document by any given country. See www.foia.state.gov/famdir/Fam/fams.asp? level=2&id=10&fam=0. Scroll down to 9 FAM appendix C.

In addition, a name change can occur under principles of the common law recognized in some jurisdictions. Marriage, for example, may result in a legal name change absent a court order. When it appears that a name has been assumed without formal legal proceedings, ask the applicant how and when he or she changed names. Ask the applicant for evidence that his place of residence authorized this change of name. You must then determine whether the appropriate jurisdiction allows for common law name changes, including through common law marriage. If you are not sure, speak with your supervisor or district counsel. Also, see Appendix 21-1 for a list of states recognizing common law marriages and their requirements. Where available, you can do initial research by checking the Internet for the civil procedures of your state. See Chapter 14 of this field manual,

Sources of Information/Conducting Research.

If the jurisdiction allows common law name changes, you must then determine the circumstances of the name change to ensure that this was properly done. That name will only be considered the individual’s legal name under common law if adopted for other than illegal or fraudulent purposes. To determine this you should ask the applicant to explain why he or she changed names.

When questioning the applicant about the name, it is essential to ask him/her why, when, and where he/she assumed the name. You should explore the extent and nature of the usage of the assumed name. For example, was the applicant employed and issued licenses under the assumed name, did he/she pay taxes under the assumed name, did the applicant use the name for legitimate purposes throughout an extended period of time? These questions will help resolve any issues. If the name has been adopted for illegal purposes or to commit fraud, it would not be a name change under the common law. [During this questioning, the applicant may also disclose information pertinent not only to the name issue but also to other aspects of naturalization eligibility. For example, an applicant may have used another name when working “off the books;” this would be pertinent to the questions in Part 7 regarding payment of income taxes. (See Part 7, question 8)]

Please note that a correct Anglicization of a name can be used by a naturalization applicant as their legal name. See Interpretations 334.1(b) for a discussion about names, including Anglicization and name changes. You should use a table of foreign names and titles, and their English equivalents, to determine whether a correct Anglicization is used. If it is not correctly used, then the non-Anglicized name must be used as the legal name on the naturalization application, and in this instance a formal name change petition is necessary.

Once you are satisfied that the name listed in Part 1 is the full, true and correct name, you should use this information as a reference for other areas of testimony. For example, does the name on Part 1 match the name on the most recent marriage certificate? Also, verify the applicant’s signature at the end of the examination (the jurat, found in Part 12 of the application); the signature there should also be the full true and correct name.

The 1991 edition of the N-400 only asked for a middle initial. The current version, however, now requires the applicant to provide his or her full middle name (if any). If there is a change from what is on the N-400 at the time the application was data-entered into CLAIMS 4, you must follow local procedures to update the system, including spelling out the full middle name. See Chapter 72.3, Stepby-Step Discussion of the Decision Process in this Field Manual. See Chapter 72.3, Decision, part 4, “Granting an application,” subsection “Naturalization Case Management System.” This will allow the system to print an accurate naturalization certificate, if the applicant is eligible for naturalization. (B) Name Change. If the applicant wants to change his or her name as it will appear on the certificate of naturalization, then the applicant must petition the court for a name change. You should assist the applicant with preparing the name change petition at the examination. However, USCIS does not have the authority to grant any name changes. See 8 CFR 337.4 and 8 CFR 338.2.

2. U.S. Mailing Address.

(A) After verifying identity, the first questions you ask should address this issue. [(b)(2) or (b)(7)(E)]

3. Date of birth.

Section 334(b) of the Act and 8 CFR 316.2 require applicants filing for naturalization to be at least 18 years of age. You should confirm the applicant’s date of birth first with the PRC and file information, and then on a driver’s license or other government or state-issued identification, employment identification, and/or other similar documents. In general, even if other documents support one date, the official date of birth is that recorded on the birth record. If there is a discrepancy between dates that cannot be clearly explained, check with your supervisor on which date should be used. You would not usually change a date of birth that is already established in the file unless the applicant presents irrefutable evidence that another birth date is correct. Such cases would include a file where there is clear and convincing evidence that the translation was incorrect, or the applicant’s date of birth was erroneously determined on a calendar different from the Gregorian calendar not calculated on the basis of the standard conversion system. Where proof of birth, marriage, divorce or death is required, an official civil record shall be requested; if such proof cannot be produced secondary evidence may be accepted. The applicant may present copies of official records as provided under 8 CFR 103.2(b)(4) and USCIS has the right to request the original as provided under 8 CFR 103.2(b)(5). If there is doubt as to the authenticity of the record produced, you can verify the information using official records.

You can check document availability in the Department of State’s (DOS) Foreign Affairs Manual (FAM). The FAM is available through the DOS web site. See 9 FAM Appendix F, 700, titled Guides on Proper Names and Name Citing. The address is: www.foia.state.gov/refer.asp

You may encounter cases where the documents (such as refugee processing documents), list the date of birth as “5 Jun, 1973” but when the data was entered into USCIS or on the PRC listed the date of birth as 05/06/1973, (“May 6, 1973”). After verifying the correct date of birth from official records, provided there is a clear discrepancy, you should update the N-400, USCIS and CLAIMS 4 before the naturalization certificate is prepared so that it will reflect the correct date of birth. You must record any corrections in red ink on the application and in CLAIMS 4 before the applicant is naturalized. The recorded date of birth cannot be changed after naturalization, except to correct a clerical error on the certificate. See 8 CFR 338.5.

See Interpretations 334.1(c) for the history and a discussion regarding the age of an applicant. See General Counsel Opinion 93-81 regarding an applicant who used an assumed name and date of birth to obtain Permanent Resident status, and sought to resume his true identity during the naturalization examination.

4. Country of Birth.

To determine country of birth, check any available birth certificate, the visa and underlying documents, other documents in the file, and any entry documents such as a passport for information relating to place of birth.

The country of birth and the country of nationality are not always the same. An applicant may have acquired nationality/citizenship in a country other than his or her country of birth. The applicant may hold a passport from the country of acquired nationality/citizenship, and another from the country of birth.

Applicants who have legitimate claims to dual or multiple nationalities must pick one of those nationalities for certificate purposes. You should stress to the applicant that upon taking the oath of allegiance he or she is renouncing allegiance to all former countries of nationality/citizenship, not merely the one listed on the application and certificate.

No one can have “stateless” listed on the certificate of naturalization. In some cases, applicants, such as refugees, may wish to sever all ties or completely disassociate themselves from their country of birth and may not complete this item or respond to your question until you explain that the information is necessary for identification and statistical purposes. See the Oath Ceremony discussion in Chapter 75 of this field manual.

You may encounter a situation where the applicant, asks you to record a different country of former citizenship than the country that issued the applicant’s last passport (e.g., a refugee from the former USSR). As the USSR no longer exists, the “country of last citizenship or nationality” would no longer have that name. The applicant can have their choice of listing the country name that existed when the applicant was born or the current name of the country that includes the place where the applicant was born. For example, an individual who was born in the section of Ethiopia now recognized as the independent country of Eritrea can list either Ethiopia or Eritrea as the country of birth.

5. Social Security Number.

(A) Verify the number on the Social Security Card against any documents in the file, such as previously filed affidavits of support; tax and employment records; financial statements; and identification cards such as a driver’s license. You may also check USCIS to verify the applicant’s Social Security number. If there is a discrepancy, explore it and depending on the circumstances, you may need to contact your supervisor.

6. A Number

(A) The applicant should bring his or her permanent resident card and any immigration documents to the examination. Compare the information on the PRC with information on this line and with the name and number on the file folder. Also check the contents of the file, including the visa packet if there is one, to be sure that there is no other relating file that has not yet been consolidated into the file containing the application. If there is a relating file, you should finish the examination, request the relating file, and continue the case until you receive and review the relating file. The relating file may contain information that has a bearing on the applicant’s eligibility.

If the applicant claims loss or destruction of Form I-551 or any other entry document, carefully question him or her to determine the validity of the claim. Check the file to see if there is a history of lost Permanent Resident Cards. If you are satisfied that there is no fraud, and that the applicant is not attempting to retain the PRC after naturalization, you should complete the NQP4 affidavit regarding the loss of the I–551 (See NQP4 TOC in Appendix 72-1). You do not need to continue the case if you are satisfied that the applicant is telling the truth regarding the loss of his or her PRC. If you believe that the applicant is engaged in fraud, or is not telling the truth, discuss the situation with your supervisor. Local resources may be available to investigate the circumstances surrounding repeated loss of the PRC.

If the applicant’s PRC is about to expire, or has expired, you will need to take additional steps. Please see Chapter 73.1(a) of this field manual concerning Residency: Lawfully admitted as permanent resident, and requirements when the PRC is not available at the time of scheduled initial examination.

(b) Part 2: Basis for Eligibility. (check one)

(1) Introduction to Part 2. Part 2 of the N-400 should clearly note the section of law under which the applicant is filing his/her application. You should review the case for eligibility under any provisions of the law rather than to deny a case under the strictest provisions of the law. In other words, if an applicant can establish eligibility under any section of law, then you should adjudicate the application under that section of law. If the applicant in ignorance or error overlooked a section of law favorable to him/herself, you are responsible for correcting that error.

The applicant bears the burden of establishing by a preponderance of the evidence that he or she meets all of the requirements for naturalization. See 8 CFR 316.2(b). Remember, as you examine applicants for eligibility, to conduct the examination so that you determine eligibility under any provision applicable, covering all aspects of eligibility under the appropriate section. For example, if an applicant is not eligible under section 329 but appears eligible under section 319, ask the appropriate questions for that section. For a complete discussion of the eligibility requirements please refer to Chapter 73 of this field manual.

(2) Filing the Application for Naturalization. The filing date of the application controls the eligibility of the applicant. The date of filing a naturalization application is the date when the application is properly received by the Service Center having jurisdiction, which requires that the application be signed and accompanied by the appropriate fee, 8 CFR 103.7. The application will be stamped to show the date of actual receipt and unless otherwise specified, should be regarded as properly filed when so stamped, if it is signed and executed and the required filing fee is attached or a waiver of the filing fee is granted. By statute good moral character must be established throughout the requisite periods of continuous residence in the United States. Issues such as residence and good moral character will be affected by the filing date. Therefore you will need to be aware of the filing date from which to start counting when determining eligibility. If the applicant was not eligible for naturalization at the time of filing, the applicant will continue to be ineligible on any request for a new or de novo hearing. There are two exceptions to this. The first exception is when an applicant’s case is administratively closed because the applicant failed to appear for his or her initial examination and failed to notify the Service or USCIS of the reason for not appearing. If the applicant submits a written request to reopen his or her case within one year, the case will be reopened and the date of the request for reopening will be considered the new filing date. In this situation, an applicant initially ineligible may become eligible upon reopening. The second exception is when the applicant files an application three months or less before meeting the residence and jurisdiction requirements. See section 334 of the Act.

Section 316(a) of the Act requires the applicant, immediately preceding the filing of the application, to have resided continuously in the U.S. for at least 5 years after having been lawfully admitted for permanent residence. Section 319(a) of the Act requires the applicant, immediately preceding the filing of the application, to have resided continuously in the United States for at least 3 years after having been lawfully admitted for permanent residence. Section 334 of the Act provides that an application for naturalization may be filed up to 3 months prior to the completion of the required period of residence for applicants filing under section 316(a) or 319(a). Even though applicants may file their applications up to three months early pursuant to section 334(a) of the Act, the statutory period must be fulfilled prior to the time of examination. This rule applies to section 316(a) and section 319(a) cases. (8 CFR 310.2; 8 CFR 316.2(a)(5)). Only applicants filing under section 316(a) or 319(a) may file 3 months early. An applicant under any other section of law must complete the requisite residency period prior to filing.

(4) Application Based on Having Five Years of Residence in the United States. The N- 400 reads:

a. I have been a permanent resident for at least five (5) years.

(A) Section 316(a) of the Act. Most applicants fall into this category. Eligibility requirements under this section of law are:

• at least 18 years of age
• at least 5 years as a lawful permanent resident
• continuous residence, no trip of six months or longer that disrupt the continuity of residence
• physical presence, at least half the required time (i.e. 30 months under section 316(a) of the Act)
• at least 3 months residence in Service District or State
• knowledge of English and civics, unless the applicant qualifies for an exception
• during the statutory period, has been and continues to be a person of good moral character
• during the statutory period, has been and is attached to the principles of the Constitution of the United States and favorably disposed toward the good order of happiness of the United States

For additional information pertaining to the general eligibility requirements for naturalization, see 8 CFR 316.

(B) Section 316(b) of the Act. This section of the Act provides exemptions to the general physical presence requirements. For specific requirements and guidelines when determining eligibility under this section of law, refer to Chapter 73.3, Residency: Continuity and Chapter 73.5, Residency:

Physical Presence . See also Appendix 74-24 of this field manual regarding the Form N-470, “Application to Preserve Residence for Naturalization Purposes”.

(C) Section 317 of the Act. This section refers to the temporary absence of applicants performing religious duties and obligations during the statutory period. For further discussion refer to Chapter 73.3, Residency: Continuity and Chapter 73.5, Residency: Physical Presence of this field manual for specific requirements and guidelines when determining eligibility under this section of law. See Appendix 74-24 of this field manual regarding the Form N-470, “Application to Preserve Residence for Naturalization Purposes.”

(5) Application Based on Being the Spouse of a U.S. Citizen. The N-400 reads:

b. I have been a permanent resident for at least three (3) years and have been married to a United States Citizen for those three years

(A) Section 319(a) of the Act. An applicant whose spouse is a United States citizen may be naturalized upon compliance with all the requirements of Title III except paragraph (1) of section 316

(a) if such a person immediately preceding the date of filing his/her application has satisfied the following:

• resided continuously, after being lawfully admitted for permanent residence, within the U.S. for at least three years, and
• has been living in marital union with the citizen spouse during the three years immediately preceding the date of filing his/her application, and
• the citizen spouse must have been a U.S. citizen for those three years.
• been physically present in the U.S. for periods totaling at least half of that time (18 months) and
• resided within the State or district in the United States in which the applicant filed his/her application for at least three months.

Public Law 106-386 amended section 319(a) of the Act by extending the benefit of this section to persons who obtained status as a lawful permanent resident by reason of being a spouse or child of who was subjected to battering or extreme cruelty by a United States citizen. For further guidance please see Appendix 74-25 for a copy of Policy Memorandum 89 dated October 15, 2002, “Instructions Regarding the Expanded Meaning of Section 319(a)”.

See Interpretations 319.1, naturalization based upon citizenship of spouse for a discussion of the history of this provision, and whether the applicant must be married to the same USC, marital union, separations and related topics. For further discussion refer to Chapter 74.2(e) of this field manual, Part 5 of the N-400.

(6) Application Based on Being the Child of a U.S. Citizen. The N-400 reads:

c. I am a permanent resident child of United States citizen parent(s)

(A) Question of Citizenship. For a complete discussion see Chapter 71: Citizenship: Acquisition and Derivation.

(7) Application Based on Military Service. The N-400 reads:

d. I am applying on the basis of qualifying military service in the Armed Forces of the U.S. and have attached completed Forms N-426 and G-325B

(A) Military Service. In cases involving military service, whether the applicant is or is not applying under a military service-related section of law, you will still have to check his/her military record. For applicants who have ever served, or are serving in the Armed Forces of the United States during the statutory period, you must check their military record. This information can be found in Form G-325B, which should be filed with the naturalization application regardless of what section of law the applicant is applying under. In cases where the Form G-325B has not been filed, the applicant must complete Form G-325B after the interview and you must continue the case until a response has been received. See Chapter 72.2 on Preparation.

(B) Form G-325B: Biographic Information. Those applicants who have ever served in the armed forces of the United States, must file Form G-325B, Biographic Information. Regardless of what section of law the applicant is applying under, this form must be completed. It is used to confirm honorable service in the military, and will show whether the applicant has/had any derogatory information in his/her military record. Applicants with military convictions, and or disciplinary actions, may be found to lack good moral character (GMC). (See to Chapter 73.6).

This form contains questions regarding the applicant’s biographic information, places of residence, places of employment, past and present memberships, and military disciplinary actions. Military disciplinary proceedings are not conducted by the judicial systems, and the records from those proceedings are housed at military record holding centers. Under the facilitated military N-400 filing procedure, the military will front-end the processing of the Form G-325B check. For additional ways to submit the Form G-325B refer to memo dated April 7, 2000, on Military G- 325B Processing contained in Appendix 72-21 of this field manual.

(C) Form N-426: Request for Certification of Military or Naval Service. Only those applicants who are applying under section 328 or section 329 of the Act must submit, in addition to the Form G-325B, Form N-426 Request for Certification of Military or Naval Service. See 8 CFR 328.4, and 8 CFR 329.4. This form is used to obtain a certified copy of the applicant’s service record to determine whether he/she served honorably in an active duty status, and to determine whether he/she was excused or released from military service based on a claim of alienage. As in the case of the Form G-325B, a copy of this form, containing the results of the investigation, should be in the file. For information discussing the streamlined processing of naturalization applications filed under sections 328 and 329 see Appendix 72-19 of this field manual for a copy of the memo dated February 3, 2000, on Facilitated Military Service Member Naturalization.

The Adjudicator must review this form very carefully to determine if there are any issues pertaining to GMC. See Chapter 73.6 of this field manual. In addition, you should carefully examine the form to determine if the applicant was excused or released from service in the United States Armed forces based on a claim of alienage. If this occurred you must deny the application under section 315 of the Act, which states that no person shall be naturalized if they were discharged from the military on the grounds that he/she was an alien. Refer to 8 CFR 315.2(b) for specific exemptions to this rule. Moreover, the records from the Selective Service and the military department in which they served are considered conclusive evidence of service and discharge. (See 8 CFR 315.3 and Chapter 73.6 on Good Moral Character, Chapter 72.3 on Interview Preparation, and the discussion in Chapter 74.2 (g), part 7, Question 6 concerning discharge due to alienage.)

For additional information regarding military service please see the following:

• 32 CFR, Part 41, sets forth the types of discharges from military service, the basis therefor, and procedures for effecting discharges.

(D) Section 328 of the Act. Applicants filing their applications under section 328 of the Act must meet the following criteria:

• Be in the U.S. Armed Forces and have served for at least 3 years (or will be filing his/her application within 6 months of an honorable discharge),
• Be a LPR at the time of examination,
• Have the ability to demonstrate English and civics knowledge;
• • Have been, during any period within the 5 years preceding the filing of the naturalization application and continue to be, of good moral character,
• Be attached to the Constitution of the United States, and
• Be favorably disposed to the good order and happiness of the U.S.

Note: All continuous residence, physical presence, and time in the District or state requirements are waived.

For additional information, please see 8 CFR 328, Special Classes of Persons Who May Be Naturalized: Persons with Three Years Service in Armed Forces of the United States. If an applicant was in the U.S. Armed Forces for less than 3 years or if he or she was in the U.S. Armed Forces for 3 years or more but was discharged more than 6 months ago, he or she must apply under section 316(a) and must be a LPR for 5 years. If an applicant was out of the country as part of their service, this time out of the country does not break their “continuous residence.” It is treated like time spent in the U.S. Time in the U.S. Armed Forces counts as time “physically present” in the United States, no matter where. For applicants who are serving in the Armed Forces of the United States but do not qualify under section 328, the applicant’s residence may be:

• The location where he or she had been physically present for three months preceding filing (see 8 CFR 316.5 (b)),
• The home of the applicant’s spouse or minor children, or
• The home of record as indicated by official military records.

See paragraphs (i), (ii) and (iii) of 8 CFR 316.5 (b).

(E) Section 329 of the Act. Section 329 of the Act provides that special classes of persons may be naturalized based upon active duty service in the United States Armed Forces during specific periods of hostilities. This law allows any person who, while an alien or non-citizen national of the United States, has served honorably in an active duty status in the military, air or naval forces of the United States during:

• World War I (11/11/16-4/6/17),
• World War II (9/1/39-12/31/46),
• Korea (6/25/50-7/1/55),
• Vietnam (2/28/61-10/15/78),
• Grenada Conflict (10/25-11/3/83),
• Persian Gulf (8/2/90-4/11/91),
• Operation Enduring Freedom (9/11/ 01- a date yet to be determined), or
• any other period in which Armed Forces of the United States are or were engaged in military operations involving conflict with a hostile foreign force that the President designates by executive order and who, if separated from such service, was separated under honorable conditions. Honorable service and separation means service and separation from service which the executive department under which the applicant serviced determines to be honorable.

An applicant who applies for naturalization under this section of law is not required to meet the lawfully admitted for permanent residence requirement to qualify for naturalization. However, to be exempt from this requirement, the applicant must establish that he or she, at the time of enlistment or induction into the Armed Forces of the United States, was physically present in the U.S. or its outlying possessions. See section 101(a)(29) of the Act for outlying possessions of the U.S. An applicant who cannot meet this requirement must be a lawful permanent resident on the day he or she files an application for naturalization. For additional information see 8 CFR 329 – Special Classes of Persons Who May Be Naturalized: Naturalization Based upon Active Duty Service in the United States Armed Forces During Specified Periods of Hostilities.

(F) Section 405 of the Immigration and Nationality Act of 1990. Section 405 of the Immigration and Nationality Act of 1990 (IMMACT90) provides for another special class of aliens who have served honorably in the U.S. Armed Forces during a certain time period to naturalize provided certain requirements are met. In accordance with section 405 of the IMMACT90, natives of the Philippines with active duty service during World War II may naturalize in compliance with 8 CFR 329.5 provided that they meet all other requirements that are unique to this special class of aliens. This special class of aliens are also exempt from the lawfully admitted for permanent residence requirement as with other applicants that file for naturalization under 8 CFR 329.5. However, in order for an application for naturalization under section 405 of IMMACT90 to be considered, the application must have been filed with the Service no earlier than November 29, 1990, and no later than February 3, 1995. To qualify for naturalization under Section 405 of IMMACT90, an applicant must, in addition to meeting the eligibility requirements stated in 8 CFR 329.5, establish that he or she:

• Was born in the Philippines;
• Served honorably during the period of September 1, 1939-December 31, 1946, in an active duty status under the command of the United States Armed Forces in the Far East or within the Commonwealth Army of the Philippines, the Philippine Scouts, or recognized guerrilla units; and
• Resided in the Philippines prior to the service described in bullet number two Regulations require these applicants to submit certain documents to establish eligibility. Also, the examination on an application filed under Section 405 of IMMACT 90 may be conducted in the United States or in the Philippines depending on the applicant’s place of residence. In addition, the administrative oath ceremony for these applicants may be held within the geographical limits of the Philippines, provided the examination on the application was conducted in the Philippines.

(8) Application Based on Other Provisions of Law. The N-400 reads:

e. Other. (Please specify section of law)

(A) Special Cases. In certain cases involving confidentiality or national security, some A-files will not be released to the field. This situation is covered in the Naturalization Quality Procedures; please refer to Appendix 74-23 of this field manual for a copy of Policy Memo 35 dated June 2, 1998, “NQP compliance for Cases Requiring Special Handling” for further guidance.

(B) Section 316(f) of the Act. This section of law concerns the naturalization of an applicant otherwise eligible for naturalization who has made an extraordinary contribution to the national security of the United States or to the conduct of United States intelligence activities.

• An applicant may be naturalized without regard to the residence and physical presence requirement of section 316:
  • He or she is not held to the prohibitions of section 313 of the Act.
  • He or she is not required to reside within a particular State or district in the United States.

INSERTS/Adjudicator's Field Manual - Redacted Public Version/Chapter 74 Examination of Form N-400. (7 of 7) For additional information regarding the Communist Party/totalitarian party, refer to Chapter 74.2(g), part 7 of the N-400.

(B) Membership or Affiliation with Terrorist Organizations.

Information concerning an applicant’s membership in a terrorist organization may implicate national security issues. Such information is extremely important when determining the applicant’s eligibility for naturalization, both in terms of attachment to the Constitution and favorable disposition towards the good order and happiness of the U.S., as well as ability to establish good moral character. Membership or affiliation with a terrorist organization also renders an applicant subject to removal pursuant to sections 212(a)(3) and 237(a)(4) of the Act. Finally, it cannot be stressed enough that membership or affiliation with a terrorist organization implicates issues concerning national security. Accordingly, admitted or suspected membership in such an organization must be brought to the attention of a supervisor and to the national security unit through your local chain of command. After notifying the NSU prior to issuance of a decision on the naturalization application, you will need to receive a definitive response from the NSU before proceeding further. For information regarding the designation of a foreign terrorist organization see section 219 of the Act.

For a list of terrorist organizations described at section 212(a)(3)(B)(vi)(I) of the Act see www.state.gov/s/ct/rls/fs/2003/17067.htm. These are Foreign Terrorist Organizations designated by DOS under section 219 of the Act. This link is particularly helpful as it explains the designation process and its ramifications and includes the relevant subsections of 212(a)(3)(B) of the Act. For a list of terrorist organizations described at section 212(a)(3)(B)(vi)(II) of the Act see www.state.gov/s/ct/rls/fs/2002/15222.htm. These are organizations on the Terrorism Exclusion List, designated by DOS in consultation with the AG, under section 411 of the Patriot Act. Persons who solicit funds for, solicit members for, or provide material support to, any group, on either of the two previously mentioned lists, are inadmissible. See paragraphs (IV)(bb), (V)(bb) and (VI)(bb) of section 212(a)(3)(B)(vi) of the Act.

Executive Order 13224, signed by President Bush on September 23, 2001, blocks the assets of organizations and individuals linked to terrorism. There are now 189 such groups, entities, and individuals covered by the Executive Order. For a list of Foreign Terrorist Organizations and for a comprehensive list of terrorists and groups identified under Executive Order 13224 at http://www.treas.gov/offices/enforcement/ofac/sanctions/terrorism.html. This link is a list of Specially Designated Global Terrorists designated by the Department of Treasury, Office of Foreign Assets Control (OFAC) under Executive Order 13224. This link is constantly updated and the most comprehensive, including hundreds, if not thousands, of entities. Unlike the organizations of the first two lists, this list is not specifically referenced by the Act. However, persons who solicit funds for, or provide material support to, any terrorist organization, if he knew or should have known it was a terrorist organization are inadmissible. See paragraphs (IV)(cc), (V)(cc) and (VI)(dd) of section 212(a)(3)(B)(iv) of the Act.

(j) Part 10. Complete only if you checked block “c” in Part 2.

(1) General. This section will help you determine if the applicant already has a claim to United States citizenship. The N-400 reads:

1. How many of your parents are U.S. citizens? Give the following about one U.S. citizen parent
2. Family Name
3. Given Name
4. Middle Name
5. Address
6. Basis for citizenship
7. Relationship to you

You should ask enough questions as part of the N-400 review to be sure that the person is an foreign national or immigrant. You need to be sure that the applicant is not a United States citizen by birth in the United States. If this is not the case, you should then verify that the applicant did not derive or acquire citizenship through his or her parent(s).

The parent’s complete name will help you establish the US citizen parent’s identity. Any difference in name should be resolved with documents such as birth, marriage, and death certificates, or court orders including divorce decrees. The parent’s address will be useful if you need to contact the parent for additional information.

Answers concerning the parent’s citizenship may range from “Birth in the United States” to “Not sure.” You will have to go over the information in this section carefully to develop all the information known to the applicant. You should compare the information against the citizenship charts in Appendix 71 to help you determine if the applicant is ineligible to apply for naturalization since he or she acquired or derived citizenship.

You are looking not only for information about whether the applicant’s mother or father is a US citizen, but also whether the applicant was adopted, legitimated, legitimate, or born out of wedlock. If the applicant’s parents were not married at the time of the applicant’s birth, this may have an affect on the applicant’s citizenship. Section 101(c)(1) of the Act defines a child for the purposes of citizenship and naturalization. Where documentary and other evidence establish an applicant's United States citizenship within any of the classes specified in section 320, section 322, and section 341 of the Act, advise him or her to apply for a certificate of citizenship, and continue the N-400 pending the disposition of the application. Please refer to section 301, section 302, section 303, section 304, section 305, section 306, section 307, section 309, section 320, and section 322 of the Act. In addition see Interpretations 301.1, Interpretations 302.1, Interpretations 303.1, Interpretations 304.1, Interpretations 305.1, Interpretations 306.1, Interpretations 307.1, and Interpretations 309.1.

You can also find guidance on this subject in the Nationality Charts contained in the following appendices to this field manual:

Appendix 71-1 Nationality Chart # 1 - Children Born Outside U.S. in Wedlock

Appendix 71-2 Nationality Chart # 2 - Children Born Outside U.S. out of Wedlock

Appendix 71-3 Nationality Chart # 3 - Derivative Citizenship of Children

Appendix 71-4 Nationality Chart # 4 – Children’s Citizenship Through Application

(Guidelines for all Section 322 adjudications on or after 2/27/01)

Note: Please see Chapter 71 of the AFM for a discussion of persons who acquire or derive citizenship.

(k) Part 11: Signature

(1) Name and Signature on the Application. The N-400 reads:

Signature and Date

Please Note: If you do not completely fill out this form, or fail to submit required documents listed in the instructions, you may not be found eligible for naturalization and this application may be denied. An applicant must legibly sign his or her full, true and correct name without abbreviation or initials, in his/her own handwriting, if physically able to do so. Applicants with disabilities may need an accommodation when signing his or her application. See Appendix 74-21 of this field manual for a copy of Policy Memo 92: Guidance on Making the Naturalization Process Accessible to Applicants with Disabilities, dated January 21, 2003. See Appendix 72-13 of this field manual for a copy of Policy Memo 47: Section 312 Disability Naturalization Adjudications, dated April 07, 1999. Unless the applicant is eligible for the general exemption from the English literacy requirements, he/she must sign the naturalization application in the English language. Part 11 of the N-400 should be completed prior to the applicant filing the application. When the applicant signs Part 11, he or she is certifying (or if outside the United States swearing or affirming,) under penalty of perjury under the laws of the United States of America, that his or her N-400 application, and the evidence submitted with it, is all true and correct. Also, by signing this section of the N-400, he or she is authorizing the release of any information from his or her records which the USCIS may need to determine eligibility for the benefit he or she is seeking. See section 334 of the Act.

A “preparer” may complete the application for someone who is physically unable to do so and who has requested that this person assist him or her with the application. The “preparer” would then sign his or her name in the space provided in Part 12 of the N-400 (see Chapter 74.2 (l)) as the person preparing the form and to 8 CFR 334.2(a).

(l) Part 12. Signatures.

Note: This section will also include information pertaining to the applicant’s signature and officer’s signature at the naturalization examination.

(1) Signature of Person Preparing Form If Other than Above. The N-400 reads:

Signature – Print your Name – Date – Firm name and address

This section of the N-400 is completed if someone other than the applicant completed the application. In many cases, a family member, a member of a Community Based Organization or an attorney will prepare the application for the applicant.

If you notice a significant amount of errors with how the application was prepared, without criticizing the preparer to the applicant, courteously ask the applicant if anyone assisted him or her in preparing the application. If the preparer does not routinely prepare applications, this would explain some or all of the discrepancies. If the preparer regularly prepares N-400 applications for others, bring this situation to the attention of your supervisor. The supervisor or other management representatives may be able to work with the preparer to improve the quality of the applications submitted, thereby assisting future applicants and officers examining applicants for naturalization.

(2) The Jurat. The N-400 Reads:

Do Not Complete the Following Until Instructed to do so at the Interview

(A) Signing the Jurat. The jurat serves as evidence that everything in the application is now true and correct. The application is one of the primary bases for your decision. At the conclusion of the examination, all corrections made on the application and all supplemental material should be consecutively numbered and listed in the space provided on the applicant's affidavit contained in the application. You should review the numbered changes that have been made to the application with the applicant so that you and the applicant are both certain that the application now contains a full and accurate record of the applicant’s testimony. For a discussion of how to decide a case, refer to Chapter 72.3 of this field manual.

If you believe that the applicant has provide false information, remind him or her of the need for the truth and that part your decision on the application will be based on whether the applicant has demonstrated good moral character. Knowingly providing false information can result in denial of the application and is also punishable by criminal statute. False testimony provided in order to obtain naturalization may lead to a separate finding of a lack of good moral character. If you believe that the applicant has willfully misrepresented facts you will need to proceed carefully. See Interpretations 316.1(g)(3) regarding false testimony, good moral character, and materiality. Also, see Chapter 74.2 (g), question 12 regarding false testimony.

If an applicant will not swear to an oath but will affirm, you must substitute the word "affirm" for the word "swear" in the related affidavit, and the word "affirmed" should be substituted for the words "sworn to" in the related jurat. Where the quoted alternatives are already printed on the form, strike through the words "swear" and "sworn to.” Any other verbiage inconsistent with an affirmation should be deleted or modified as appropriate (example: omit the words "SO HELP ME (US) GOD").

When the applicant signs the N-400 he or she is acknowledging that what is on the form is now true. The applicant, if physically able to do so, should legibly sign his or her full, true and correct name. See section 334 of the Act. He or she must sign all of the letters of each part of their name, no abbreviations, no initials, and in cursive script if they can do so on the jurat. Hand printing is also an acceptable signature. (See Interpretations 334.1(b)(2) and 8 CFR 334.2(a).) The applicant’s signature should be in English, unless they qualify for an exception under one of the 312 exceptions. See Appendix 72-13 of this field manual for a copy of Policy Memo 47: Section 312 Disability Naturalization Adjudications, dated April 07, 1999, (including attachments) for a discussion of signatures and reasonable accommodations. Also see Appendix 74-21 of this field manual for a copy of Policy Memo 92: Guidance on Making the Naturalization Process Accessible to Applicants with Disabilities.

If the applicant requests a name change, he or she must sign the jurat in his or her full, true name as it exists at the time of the examination.

(B) Officer’s Signature. Once the application is subscribed and sworn to, or affirmed, by the applicant, you, as the adjudicator, must also sign the application. Your signature bears witness to the applicant’s testimony as recorded on the application and in the amendments and attachments listed.

An officer’s full name signature is defined as the signature they consistently use when signing the approval stamp on official immigration documents, or when signing an application/petition as the USCIS official.

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

The official signature to each officer bearing the approval stamp with the officer’s official signature, and current date, is to be completed upon issuance of the approval stamp. The signature card is then to be forwarded to the FDL for retention. Officers may not record more than one of official signature, and only the current signature maintained on record, may be used by the officer for signing official immigration documents.

In those instances where the officer’s signature has been altered (i.e., abbreviated as discussed above,) form that which appears on the original signature card, a new signature card must be completed and forwarded to the FDL. For further discussion see Appendix 74-22 of this field manual for a copy of the policy memo dated December 26, 2002, on “Use of Adjudications Officer’s Full Name/ Signature on Official Immigration Documents.

Sometimes the adjudicator conducting the initial examination and the adjudicating officer are not the same person. If you examined the applicant, you must sign as the examining officer on the application. If you approved the application, you must sign your name in the approval stamp. When you approve the naturalization application, you must inform the applicant of his or her choice to take the Oath of Allegiance in an administrative hearing before USCIS or in the appropriate court having jurisdiction over his or her place of residence. (See 8 CFR 337.7.) No person who has applied for naturalization can be admitted to United States citizenship without having taken the Oath of Allegiance to the United States in a public ceremony either before USCIS or the court. (See 8 CFR 337.1(a).) For additional information about the oath administration ceremony, please see Chapter 75 of this field manual, Oath Administration.