72.3 Decision Process.

(a) Introduction

(b) How to Make a Decision

(c) The Importance of Uniformity in Decision-Making

(d) General Considerations for All Decisions

(e) Granting an Application

(f) Continuing an Application

(g) Reexamining an Applicant Who Has Failed the First English and/or History and Government Test

(h) Request for Postponement

(i) Transferring an Application

(j) Withdrawing an Application

(k) Denying an Application

(l) The Denial Letter

(m) Supervisory Review of Denials

(n) Service of Decision

(o) Appeal/Hearing

(p) Judicial Review

(q) Decisions When Applicants Fail to Appear for the Initial Examination

(r) Decisions for Applicants Who Are in Removal Proceedings or Have Been Ordered Removed

(a) Introduction .

At the conclusion of the interview you must make a determination regarding the applicant’s eligibility for naturalization. While the applicant bears the burden of establishing that he or she meets all statutory requirements for naturalization, you must decide whether to recommend granting, continuing, transferring, or denying a case. At the district director’s discretion, you may also allow the applicant to withdraw his or her application.

You must consider many factors in the decision-making process, including the following:

· The applicant’s written responses to questions on the N–400. A completed N–400 is a critical document, because it is the documentary record of the applicant’s responses signed under penalty of perjury. It also contains amendments, which the applicant has testified to regarding his or her eligibility for naturalization; the N-400 (and sworn affidavits and oral amendments) is the agreed-upon record of the applicant’s testimony during the interview;

· The documents submitted by the applicant;

· The documents contained in the A-file; and

· The applicable laws, regulations, policies, precedent decisions, interpretations etc.

This section provides a step-by-step discussion of the proper processing steps to take after you make your decision. Specifically, this chapter includes discussions of the following:

• How to Make a Decision

• The Importance of Uniformity in Decision-Making

• General Considerations for All Decisions

• Granting an Application

• Continuing an Application

• Reexamining an Applicant Who Has Failed the First English and/or History and Government Test

• Transferring an Application

• Withdrawing an Application

• Denying an Application

• Decisions When an Applicant Fails to Appear for the Initial Examination

• Decisions When an Applicant is in Removal Proceedings or Has Been Ordered Removed

(b) How to Make a Decision .

(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 case s, 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.

(2) Case Review .

Sometimes facts of the case will automatically demonstrate the applicant's statutory ineligibility for citizenship. For example, after the reexamination, an applicant who is unable to meet the requirements for English literacy or knowledge of the history and government of the United States and who is not eligible for an exception is statutorily ineligible for citizenship. While you should thoroughly research all of your decisions, most statutory decisions are straightforward because they are based on a spec ific fact or set of facts that make the applicant statutorily ineligible for the benefit being sought.

In certain instances, however, you will have to determine an applicant's eligibility based on the totality of the evidence in the file and documents presented by the applicant. This type of decision will require you to use your critical reasoning skills to analyze the facts involved in the case. You must consider all of the facts and weigh all of the documentary evidence provided to make a final decision. You must still base your decision on the laws, regulations, policies, procedures, and precedent decisio ns governing citizenship.

(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 determi ne 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. Basin g 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.

(c) The Importance of Uniformity in Decision-Making .

Adjudicators should make uniform decisions when provided with the same set of facts, circumstances, and documentary evidence. Uniformity in decision-making and application processing is vital to improving the integrity of the naturalization process. Consistency in the decision-making process, combined with standard processing of applications, will help to ensure that the law, regulations, and policies governing naturalization are applied accurately to each case. The best way to ensure uniformity in decision -making is to make decisions that are consistent with the law, regulations, and policy. [See sections 332 and 335 of the Act, and 8 CFR 332.1 , 8 CFR 335.2 and Chapter 10.15 of this manual.]

(d) General Considerations for All Decisions .

Regardless of the decision you make about an application, you will need to adhere to the Naturalization Quality Procedures (NQP) and must document your decision in the appropriate case management system.

(1) Naturalization Quality Procedures .

You must adhere to the Naturalization Quality Procedures (NQP) throughout the naturalization process. When making a decision, you should pay particular attention to the specific NQP requirements regarding decision processing. For a complete discussion of the NQP requirements that pertain to decision-making, see Appendix 72-1 , Section V.

(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 ot her 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.

(e) Granting an Application .

(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 proce ssing 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.

(3) Name Changes .

An applicant requesting a legal name change must complete a Petition for Name Change. Use the Petition for Name Change form provided in Appendix 72-1, Attachment 5 of NQP-4, or the form required by the local district court. For a more complete discussion of the name change process, refer to Chapter 72.3(f)(6) and Appendix 72-1, NQP Section V.

(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 oa th. 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.

(5) English and Civics Tests .

Record an applicant’s English and civics test results on Form N–652, Naturalization Interview Form. You must complete this form during the interview and give it to the applicant at its conclusion.

(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 Nat uralization 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 n ot 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 C FR 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 admini stration 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).

(f) Continuing an Application .

(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.

(2) Failure of the First English and/or History and Government Test .

See Chapter 72.4(g) of this manual.

(3) Notifying the Applicant of a Continuance .

Inform the applicant in writing of the grounds to overcome or the evidence to be submitted. Generally, if you are requesting further documentary information, use Form N–14. If you are requesting that the applicant appear for another interview, use either the N–14 or the Form G–56, General Call-In Letter. Your local office policy will determine which form you should use. Either hand the form to the applicant at the time of the interview, or mail it directly to him or her. Also, explain at the time of the int erview either what additional information the applicant must provide so that the application can be adjudicated or why he or she is being called in for another interview. You should also provide the applicant with Form N–652, which would explain the results of the interview. [See 8 CFR 335.3(b).]

Ask for everything that you might possibly need to adjudicate the case, as well as the date by which the applicant must respond to the request. Make the request for additional information broad enough and specific enough so that you will not have to make another request for information. However, you should only request information that pertains to eligibility.

For example, if you have questions about an applicant’s history of paying child support during the statutory period, ask for “evidence of child support for all dependents,” rather than just asking for: “evidence of child support for John Smith.”

Local office policy should determine whether the applicant may mail in the additional information or whether a second interview is required. In some offices, local policy may permit the applicant to mail in the additional documents or to place them in a designated drop box within the USCIS office. In other offices, local policy may require the applicant to appear for a second interview, at which time he or she will present the additional documents to you. Understand your local office policy regarding this i ssue and proceed accordingly.

If you request that the applicant mail in the documents, he or she must provide the documents or respond to your request within 30 days of the date of the notification. If you schedule another interview to discuss an eligibility issue, the applicant should provide the required information at the time of that interview. In this case, clearly state in the N–14 or G–56 that the applicant must bring these documents to the second interview. USCIS has 120 days after the first interview to make a decision about th e application. [See 8 CFR 335.7, 8 CFR 335(a), and 8 CFR 336.1(a).]

The applicant must respond to your request within 30 days and failure to respond can result in adjudication of the case on the basis of the evidence in the file. [See 8 CFR 335.7.] However, if the applicant responds by noting that he or she does not yet have the required documents, use your discretion in terms of determining whether to provide additional time. For example, if the applicant states that he or she will be able to provide a court document in another week, you may wish to allow the applicant the extra time. In many cases your decision to grant extra time will depend on the availability of the requested documents; for example, a foreign document may take longer to acquire than a local document.

If the applicant doesn’t respond within 30 days, or doesn't bring the material to the second examination, adjudicate the application on its merits. For example, an applicant who fails to provide the disposition of an arrest that occurred during the statutory period may be denied for not being able to establish good moral character.

Use a Form G–56, General Call-In Letter, when you need to call an applicant in for an interview or retest an applicant. Either hand this form to the applicant at the time of the interview or mail it to him or her. Generally, Form G–56 should include the following information:

• Applicant’s name and address

• Applicant’s A-file number

• Date the form was completed

• Address of the USCIS office

• Identity of the person who will interview the applicant

• Reason for the appointment

• Types of documents the applicant must bring

• Request for postponement

• Signature of the official who completed the form

Except in the cases where the applicant must be re-tested on English language and/or history and government (which must occur between 60 and 90 days after the initial interview), the second interview must take place within 120 days after the initial examination. [See 8 CFR 335.3(b), and 8 CFR 312.5.]

Consider an applicant who appeared for the initial interview on his or her application to have failed to prosecute the application if he or she, without good cause, fails to appear for a second interview. The application must be adjudicated on its merits. [See 8 CFR 335.7.]

After the second interview you should have all of the information necessary to either grant or recommend denying the application. However, you are not prohibited from continuing the case after the second interview if you still have further questions regarding the applicant's eligibility.

(g) Reexamining an Applicant Who Has Failed the First English and/or History and Government Test .

Most applicants for naturalization must demonstrate:

• An understanding of the English language, including the ability to read, write and speak words in ordinary usage in the English language;

• A knowledge and understanding of the fundamentals of the history and of the principles and form of the Government of the United States.

However, applicants who are not exempt and do not pass one or both of these tests during the first examination must be given a second opportunity to pass them. For a complete discussion of the English, history and government requirements, including a discussion of applicants who are eligible for exceptions to these requirements, refer to Chapter 72.3. [See also section 312 of the Act, 8 CFR 312.1 and 8 CFR 312.5.]

Give the applicant a written notice (Form G–56), either by mail or at the time of the initial interview, that specifies a date for the reexamination. The reexamination should take place between 60 and 90 days after the first examination. If the applicant passes the examination on the retest and has met all other eligibility requirements for naturalization approve the application. [See 8 CFR 312.5(a).]

If the applicant fails the retest, deny the application for failing to meet the English and/or history and government or civics requirement for naturalization and for any other applicable ground for which the applicant has not established eligibility. [See 8 CFR 312.1(a) and 8 CFR 312.2(a).]

If the applicant fails to appear for the reexamination and has not established good cause for his or her failure to appear, the applicant is deemed to have failed the second examination and you must subsequently deny the application. (In many cases, clerical staff will handle the application and rescheduling of postponements.) [See 8 CFR 312.5(b).]

(h) Request for Postponement .

If the applicant requests a test date that is more than 90 days after the original examination, he or she must agree in writing to waive the requirement under section 336 of the Act that USCIS must render a decision on the application within 120 days from the initial interview. Instead, the applicant must allow USCIS to render a decision within 120 days from the second interview. [See 8 CFR 312.5(b).]

(i) Transferring an Application .

An applicant must file his or her application for naturalization with the appropriate service center that has jurisdiction over the applicant’s place of residence. In a case in which an applicant has changed residence or plans to change residence within three months, the file containing his or her application may be transferred to the appropriate office having jurisdiction over the applicant’s new residence. In most cases, this transfer will be handled before an application reaches your desk for adjudicatio n. [See 8 CFR 316.3 and 8 CFR 335.9.]

If you discover during the interview that an applicant has moved to another jurisdiction, put the applicant’s correct address on his or her N–400 in red ink, initial and date the change, and then terminate the interview. Also, be sure that the appropriate naturalization case management system is updated to reflect the applicant’s new address and that a USCIS file transfer request is made. The file containing the application is then physically sent to the office now having jurisdiction. Generally, a clerical person makes the file transfer request, updates the computer system and sends the file. Follow your local office policy on the steps that must be taken to transfer a file.

A request for transfer must include the following information about an applicant:

• Name

• Alien registration number

• Date of birth

• Complete current address, including the name of the county

• Complete address at the time the application was filed

• Reason for the request to transfer the application

• Date the applicant moved, or intends to move, to the new jurisdiction

The discretion to transfer an application lies with the district director. In most cases, the district director who originally had jurisdiction over the application will authorize you to transfer an application. [See 8 CFR 335.9(b).]

Note:

Do not transfer the application if an applicant requests a file transfer after you determine that the application will be denied. (Transferring this type of case will place the receiving office in a burdensome position by requiring it to bring the case to a conclusion or to support the denial recommendation). Therefore, when an application will be denied, the office in which it was originally filed must retain it and adjudicate it on its merits. If you deny the application, your written decision must also a ddress the reason(s) for the decision not to consent to the transfer request. If the applicant files Form N-336, Request for Hearing on a Decision in Naturalization Proceedings under Section 336.2, it must be filed with the office that has jurisdiction over his or her new place of residence. [See 8 CFR 335.9(b).]

(j) Withdrawing an Application .

An applicant may request in writing that his or her application be withdrawn. (An applicant must voluntarily withdraw his or her application. You may suggest withdrawal to an applicant, but must never direct him/her to do so since it takes away the applicant’s right to ask for a second hearing on the application.) A withdrawn application is automatically denied without prejudice to the adjudication of a future application. [See 8 CFR 335.10 and Chapter 74.2(c) of this manual.]

There is no standard withdrawal form. However, a withdrawal request, which must be signed by the applicant, should meet the following requirements:

• Be written

• Have the date it was written and the applicant’s A-number

• State the reasons for the withdrawal (if practical)

• Advise the applicant that the filing fee will not be refunded and that the application is denied without prejudice to any future application for naturalization

• Advise the applicant of the date when he or she can re-apply (if applicable)

• Note that the withdrawal constitutes a waiver of any review pursuant to 8 CFR 336.

Before accepting a withdrawal of an application from an applicant who does not understand English, you should attempt to confirm that the applicant understands the significance and finality of the withdrawal. This can include asking a translator or family member, when possible, to explain to the applicant, in the applicant's native language, the significance of this action. For more information see Policy Memorandum #50, located in Appendix 72-10.

If a district director (via an adjudicator) consents to a withdrawal, the application is denied without prejudice and without further notice to the applicant. This means that the first application and the associated withdrawal, should the applicant reapply, will not influence future applications. The applicant can apply at a later date, and that application will be judged on its own merits. However, there are cases where the applicant may not be able to reapply immediately after withdrawing his or her appli cation. [See 8 CFR 335.10.] For example, an applicant who is under 18 and files a naturalization application cannot refile until he or she turns 18. [See 8 CFR 316.10(3)(c).] There are other circumstances where an applicant may immediately re-file the application. If the applicant has prematurely filed the application, in certain instances he or she may be allowed to reapply immediately after withdrawing his or her application. For a more complete discussion of this specific circumstance, see Policy Memoran dum #54, dated June 29, 1999, and located in Appendix 72-11.

A district director has the authority to accept the withdrawn application. He or she usually delegates to you the authority to consent to a withdrawal. Some offices require consultation with your supervisor before a withdrawal is accepted. [See 8 CFR 335.10.]

Some offices send the applicant a follow-up letter confirming his or her withdrawal. It is a brief letter that reminds the applicant of his or her withdrawal, but does not discuss the reasons for the withdrawal. Consult your local office policy concerning giving the applicant written confirmation of the withdrawal.

A withdrawal constitutes a waiver of any type of further review of the application; as a result, the applicant gives up his or her right to file a request for a second hearing on the merits of the application. [See 8 CFR 335.10.]

If a district director (via an adjudicator) does not consent to a withdrawal, adjudicate the application for naturalization on its merits. In these cases, denying the application on its merits would be in the best interests of USCIS . If this occurs, prepare a written decision, citing the facts and basis for the denial, to be made an official part of the record.

See Appendix 72-1, NQP Section V and VI to learn in which situations NQP supervisory concurrence is necessary and what steps you will need to follow.

(k) Denying an Application .

The applicant bears the burden of establishing that he or she meets all of the requirements for naturalization through a preponderance of evidence. If you determine that the applicant has not satisfied all of the statutory requirements for naturalization, and you recommend the denial of the application, USCIS must serve the applicant with a written notice of denial no later than 120 days after the date of the applicant’s first interview. [See 8 CFR 336.1.]

In some cases, it may be clear by the end of the interview that you will recommend denying the application. You are not required to inform the applicant of this decision at that time. You must use your discretion when deciding whether to tell the applicant at the time of the interview. Some applicants may have a difficult time accepting the decision, while others may want to withdraw the application instead of receiving a written notice of denial. However, in some cases you will not accept an applicant's re quest for withdrawal. You should follow your local office policy regarding when applicants are informed regarding denials. [See 8 CFR 336.1, and Chapter 72.3(j) concerning withdrawal procedures.]

The strongest ground for denial is one that is based upon a statutory bar to naturalization established by indisputable evidence. For example, if the applicant’s A-file contains documentary evidence establishing that he or she has been convicted of an aggravated felony on or after November 29, 1990. Another example would be a case in which the Immigration Court issued a final finding of removability.

The next strongest denial is one that is based on a statutory eligibility requirement, but is resting on disputable evidence. For example, an applicant who was required to register for Selective Service failed to do so. The file contains evidence to establish that he was advised to register during his immigrant visa interview. However, the applicant claims he does not remember being advised to register. In this case, you may want to continue the case to investigate the matter. Give the applicant an N-14 and have him contact Selective Service to determine if the applicant was notified by Selective Service to register. Also, determine if the applicant's testimony in light of the evidence seemed to be credible. If this further review confirmed that the applicant had been notified, you could deny the applicant for failure to demonstrate that he is attached to the principles of the Constitution and well disposed toward the good order and happiness of the United States.

In general, there are several reasons why you may recommend denying an application.

(1) Lack of Good Moral Character .

The applicant failed to establish good moral character during the period required by law. For a more detailed explanation of good moral character, see section 316 of the Act, 8 CFR 316.10 and Chapters 73.6 and 74.2(g) of this manual.

(2) Lack of Attachment and Favorable Disposition .

The applicant failed to establish attachment to the principles of the Constitution and favorable disposition to the United States during the period required by law. For a more detailed explanation of attachment and disposition see section 316 of the Act, 8 CFR 316.11, and Chapters 73.7, 74.2(h) and 74.8 of this manual.

(3) Inability to Read, Write, Speak, And/or Understand English .

The applicant failed to establish the ability to read, write, speak or understand the English language. For a more detailed explanation of the English language requirement see section 312 of the Act, 8 CFR 312.1 and Chapters 73.8, and 74.2(c) of this manual.

(4) Failure to Pass the History and Government Test .

The applicant failed to demonstrate knowledge and understanding of the fundamentals of the history and the principles and form of government of the United States. For a more detailed explanation of the history and government test see section 312 of the Act, 8 CFR 312.2 and Chapters 73.8 and 74.2(c) of this manual.

(5) Failure to Reside Within the State or Service District .

The applicant did not reside for at least three months in the State or Service District having jurisdiction over the applicant’s place of residence. For a more detailed explanation of this requirement please see section 316 of the Act, 8 CFR 316.3, 316.5, and Chapters 73.4, 74.2(a) and 74.2(c) of this manual.

(6) Lack of Continuous Residence or Failure to Meet Residence Requirements .

The applicant has failed to establish continuous residence in the United States. For a more detailed explanation of the continuity requirement, see section 316 of the Act, 8 CFR 316.5(c)(1)(i), 319, 325, and Chapters 73.2, 73.3, 74.2(a) and 74.2(c) of this manual.

(7) Lack of Physical Presence .

The applicant has failed to establish physical presence in the United States for the period required by law. For a more detailed explanation of physical presence requirement, see section 316 of the Act, 8 CFR 316.2 (a)(4), 319, 325, and Chapters 73.5, 74.2(a) and 74.2(c) of this manual.

(8) Failure to Establish Lawful Admission for Permanent Residence .

The applicant failed to establish lawful admission to the United States for permanent residence. For a more detailed explanation of the lawful permanent residence requirement, see sections 316 and 318 of the Act, 8 CFR 316.2(a)(2), 316.2(b), 316.4(c), and Chapter 73.1 of this manual.

(9) Failure to Prosecute Application after Initial Examination .

The applicant who has appeared for the initial examination on the application but, without good cause, failed to appear for reexamination will be considered as failing to prosecute the application. Similarly if he or she fails to provide, within a reasonable period of time, such documents, information or testimony necessary to establish eligibility for naturalization the application can be denied. If the applicant fails to prosecute the application, your denial must be based on the applicant's failure to me et an eligibility requirement, not the failure to prosecute the application per se. Specifically, you should adjudicate the case pursuant to 8 CFR 336.1(b) which requires that the denial "recite in clear concise language, the pertinent facts upon which the determination was based, the specific legal section or sections applicable to the finding of ineligibility and the conclusions of law reached by the examining officer in rendering the decision." See Chapter 72.3 of this manual, 8 CFR 335.7 and 8 CFR 336.1(b).

(10) Application Withdrawn .

The applicant withdraws the application. For a more detailed discussion, see Chapter 72.4 of this manual, section 335(e) of the Act, and 8 CFR 335.10.

(11) Applicant Is Already a United States Citizen :

The applicant failed to establish alienage or non-citizen nationality of the United States. See section 301 through section 309 of the Act, and 8 CFR 316.2(a)(2), 316.4(a)(2), 316.4(c), and Chapter 74.2(j) of this manual.

(12) Membership in Proscribed Organizations .

An applicant who was affiliated with a proscribed organization within 10 years before filing the application, or after the filing, but before taking the oath of citizenship is barred from naturalization under section 313 of the Act, 8 CFR 313, and Chapter 74.2(i) of this manual.

(13) Relief from Military Service .

If the applicant requested, applied for and obtained an exemption or discharge from military service on the grounds that he or she is an alien, the applicant is barred from naturalization under section 315 of the INA and 8 CFR 315. See section 315 of the Act, 8 CFR 315.2, and Chapter 74.2(g)(4) of this manual.

(14) Removable .

The applicant was ordered removed or currently in removal proceedings. For a more detailed explanation please link to section 318 of the Act, 8 CFR 318.1, and Chapter 74.2(g)(10) of this manual.

(15) Unwillingness to Bear Arms, Etc.; Mental Reservation or Legally Incompetent at Final Hearing .

The applicant is unable or unwilling to take the oath of allegiance to the United States or the applicant is legally incompetent and cannot complete the naturalization process. For a more detailed explanation of this requirement, see section 316 of the Act, 8 CFR 316.11, 316.12, and Chapters 73.7 and 74.2(g)(13) .

(16) Ineligible for Naturalization under Special Naturalization Provisions .

The applicant has failed to meet an eligibility requirement of the section of law he or she has applied under. For example, a 319(a) case where the applicant failed to establish a valid marriage to a United States citizen. See sections 317, 319, 324-331, of the Act and 8 CFR 319, 324-331 and Chapter 74.2(b) of this manual.

(17) Applicant Has Died . The applicant is deceased.

(18) Applicant Is under 18 Years of Age .

The applicant is statutorily ineligible even if he or she files within the three months prior to his or her 18 th birthday. See section 334(b) of the Act, 8 CFR 316.2(a)(1) and Chapter 74.2(c) of this manual.

(l) The Denial Letter .

The denial letter, Form N-335, Decision on Application for Naturalization, should be written in the second person and explain why the applicant has failed to meet the statutory requirements. This written narrative must state in clear concise language the facts upon which the denial determination was based. The denial letter should:

• Describe the applicant’s immigration history in the United States. This information can include any information that is relevant to your decision to deny the application, such as the date when the applicant was admitted as a lawful permanent resident, under which classification the applicant was admitted, and the applicant’s N-400 history such as the date the application was filed and the dates of any interviews. For example, in a section 319(a) case give the date the applicant was granted lawful permanent resident status, and state whether he or she qualified as the spouse of a United States citizen or a lawful permanent resident.

• Cite the specific statutory and regulatory requirements including the source and the specific requirement that has not been met. For example, cite section 312 when an applicant fails to demonstrate the ability to speak English.

• Detail the exact evidence or actions, including references to any relevant documents or lack of documents, which demonstrate how the applicant has failed to meet these requirements. The facts should be arranged in chronological order, and the discussion should bring out the relevancy of the stated facts to the specific issue. You may find that a case has several grounds for denial because the applicant is unable to meet several eligibility requirements. In this case, you should discuss each of the grounds f or the denial. For example, an applicant who has not resided in the state or Service District for three months and is under 18 years of age.

Denial letters should be accompanied by Form N-336, Request for Hearing on a Decision in Naturalization Proceedings under section 336 of the Act. See 8 CFR 336.1(b). Applicants who request a hearing on the denial of an N-400 must file this form within 30 days after receiving notice of the decision (33 calendar days after the decision if the decision was mailed). See 8 CFR 335(d).

In summary, the denial letter must contain the following elements:

• the specific legal section or sections applicable to the finding of ineligibility;

• the pertinent facts upon which the determination was based;

• the conclusions of law reached by the Adjudicating officer in rendering the decision; and

• a specific statement of the applicant’s right either to accept the determination of the adjudicator, or request a hearing before an immigration officer. Refer to Forms N-335 and N-336, and 8 CFR 336.1(b).

(m) Supervisory Review of Denials .

In some cases, a Supervisory District Adjudications Officer or a designated Adjudications Officer must review certain cases before a final decision to deny an application is made. For further information on these types of cases refer to Appendix 72-1, NQP, Section VI.

Denial letters should not be issued without the signature of a district director or his or her designee. The denial letter must be reviewed very carefully to ensure that the correct legal sections of law and findings of fact and conclusions of law have been cited, and that the denial basis is sound. Also, the accuracy and currency of citations must be checked very carefully.

(n) Service of Decision .

The notice of denial may be delivered to the applicant in person, by certified mail to the applicant’s last known address, or to the applicant's attorney or representative of record as provided in 8 CFR 292. a signed copy of the notice of denial must also be placed in the file to be retained as a permanent part of the record. See 8 CFR 336.1(c).

(o) Appeal/Hearing .

(1) General .

The applicant, or his or her authorized representative, may request a hearing on the denial by filing a request for second hearing within 30 days after receiving the denial notice. The applicant must file Form N-336, Request for Hearing on a Decision in Naturalization Proceedings under Section 336.2. If the request for a second hearing is filed by an attorney or representative on behalf of a client it must be filed with a properly executed Form G-28, authorizing him or her to file the request for hearing. ( If a G-28 is already in the file, the attorney does not need to file a second G-28). [See section 336 of the Act, 8 CFR 336.1 and 8 CFR 336.2.]

(2) Unauthorized Appeal .

An unauthorized person or entity is a person or entity not recognized by the Board of Immigration Appeals (BIA) to represent aliens under 8 CFR 292. See 8 CFR 292. If the request for a second hearing is filed by an unauthorized person or entity, it is improperly filed. The filing fee already accepted will not be refunded.

When a request for a second hearing is filed by an attorney or representative without the proper Form G-28, Notice of Entry of Appearance as Attorney, authorizing that person to file the request, the request is improperly filed. As in the case of a request for second hearing filed by an unauthorized person or entity, the filing fee already accepted will not be refunded. However, in the case of a request filed by an attorney or representative without the proper Form G-28, the reviewing official shall ask the attorney or representative to submit Form G-28 to the official’s office within 15 days of the request. If Form G-28 is not submitted within the time allowed, the adjudicator may make a new decision on the application that has been rejected as improperly filed, but the attorney will not be notified about this decision. [See 8 CFR 103.5(a)(5)(i), and 336.2(c)(ii).]

(3) Untimely Appeal .

A request for a second hearing that is not filed within the time period allowed must be rejected as improperly filed. Any filing fee that has been accepted will not be refunded. However, if an untimely request for a second hearing meets the requirements of a motion to reopen as described in 8 CFR 103.5(a)(2), the request for a second hearing must be treated as a motion, and a decision must be made on the merits of the case. For example, if the applicant files a request for a second hearing untimely, and doe s not state the new facts to be proved in the reopened proceeding and does not support his or her claim with affidavits or other documentary evidence, the request does not meet the requirements for a motion to reopen. If the untimely request meets the requirements for a motion to reopen, the motion will be granted and a second hearing will take place and a decision will be made based on the facts of the case. [See 8 CFR 336.2(C)(2)(i).]

(4) Processing Appeal/Hearing Request .

When a timely request for a hearing is received, the USCIS will schedule a second hearing. This hearing must occur within a reasonable period of time, not to exceed 180 days from the date the request for hearing was filed. [See 8 CFR 336.2(b).]

The reviewing adjudicator cannot be the same adjudicator who conducted the original examination or who originally denied the application. The reviewing officer must be a grade level equal to or higher than the grade of the adjudicator who denied the application. The adjudicator designated to conduct the hearing will begin the hearing by informing the applicant of his or her official capacity. The adjudicator must have the applicant’s A-file (if available), N-400, request for hearing, and any other evidence or documentation that may be relevant to the hearing. All testimony must be taken under oath or affirmation. [See section 336 of the Act and 8 CFR 336.2(b).]

The reviewing officer has the authority to:

• review the Application for Naturalization;

• review any administrative record, file or report created as part of the examination procedure;

• receive new evidence or take additional testimony relevant to eligibility;

• interview the applicant;

• affirm the findings/determination of the original examining officer; and

• re-determine the original decision in whole or part, and conduct a full de novo review hearing or less formal review procedure as he/she deems reasonable and in the best interest of justice.

A de novo review is where the reviewing officer determines the matter anew without any reference to prior adjudicator’s decisions or findings. It can involve a new examination and taking of testimony and new evidence. A less formal review is one in which the hearing officer re-determines the matter in whole or in part. The officer may rely on prior findings of adjudicators and address only those elements which are currently in question at the second hearing and have not been satisfactorily established. [See 8 CFR 336.2(b).]

The reviewing officer must grant, continue, affirm the original decision, or deny the application on new grounds.

(p) Judicial Review .

If USCIS fails to make a determination within 120 days after initial examination, the applicant may request a hearing in the United States District Court. [See section 336(b) of the Act.]

The applicant may also request judicial review of the final administrative denial. The request for a hearing must be filed in the United States District Court having jurisdiction over the applicant’s place of residence, no later than 120 days after the final determination. The petition for review will be brought against USCIS and will be served on the Assistant U.S. Attorney for the district where the action is brought and a copy to the Attorney General of the United States and district director or officer in charge where the hearing was held. The applicant must exhaust the administrative remedies available under section 336 of the Act before he or she requests judicial review. [See section 310(c) of the Act.]

The review will be de novo on all eligibility requirements, meaning that this will be a new hearing, and the court will make its own findings of fact and conclusions of law. The court will make a determination on the matter or remand the case to determine the matter. Because the court and USCIS attorneys may review your decisions; it is important to accurately and completely document the facts of each case. [See 8 CFR 336.9.]

(q) Decisions When Applicants Fail to Appear for the Initial Examination .

An applicant who does not appear for the initial examination on the application will be deemed to have abandoned his or her application. The applicant must notify USCIS of the reason for non-appearance within 30 days of the scheduled examination. The notification must be in writing and must contain a request to reschedule the examination. If the applicant fails to provide a written request for rescheduling of the examination within the required time period, you may administratively close the application wit hout making a decision on the merits. [See 8 CFR 335.6(a).]

An applicant may reopen an administratively closed application by submitting a written request to USCIS within one year from the date the application was closed. The applicant will not be required to pay any additional fees, and the date of the request for reopening will be the date of filing the application for purposes of determining eligibility for naturalization. [See 8 CFR 335.6(b).]

If the applicant does not request the reopening of an administratively closed application within one year from the date the application was closed, USCIS will consider the application to have been abandoned, and will dismiss the application without further notice to the applicant. [See 8 CFR 335.6(c).]

Note:

[Note added 04-15-2009] For specific processing instructions regarding Applications for Naturalization filed by members of the U.S. Armed Forces or veterans under sections 328 or 329 of the INA, please refer to Appendix 15-4 , “Processing N-400s Filed under INA 328 and 329 When Applicant Fails to Respond to a Request for Evidence or for Appearance.”

(r) Decisions for Applicants Who Are in Removal Proceedings or Have Been Ordered Removed .

Except in section 328 and 329 cases, no person who has been served with an NTA or OSC or has an outstanding final order of removal or deportability, under the provisions of the INA or any other Act, will be naturalized (either administratively or judicially). Except in INA 328 and 329 cases, no application for naturalization will be considered if removal proceedings are pending against an applicant under the provisions of the Act. A notice to appear issued under 8 CFR 239, or a charging document issued to c ommence proceedings under sections 236 of the Act and 242 prior to April 1, 1997, will be regarded as a warrant of arrest. Further, when it appears at any stage of the naturalization proceedings that the applicant is removable upon a ground arising before, at the time of, or subsequent to entry, the matter should be referred for consideration of the issuance of a notice to appear. You should know your local office procedures regarding who should receive the referral. For a complete list of the general class es of removable aliens refer to sections 212 and 237 of the Act. Interpretations 318.2(c)(1)(iii) contains a discussion of what happens if the applicant was ordered removed by a judge because he or she obtained LPR status illegally. However, removal proceedings may be canceled to permit naturalization if the applicant is prima facie eligible and there are exceptionally appealing humanitarian factors involved. See 8 CFR 239.2(f).

There are several ways you can tell if the applicant is in removal proceedings, or has been ordered removed:

• In most cases, a notice to appear or order to show cause (warrant of arrest), or a removal order signed by an immigration judge will be contained in the A-file. Some applicants may have other A-files, which may contain a notice to appear, or other evidence to establish that he/she is in removal proceedings, or was ordered removed. In these cases, the additional A-files will have to be retrieved, and consolidated into the principal file prior to the adjudication of the application.

• When reviewing an applicant’s A-file, you may discover an FBI rap sheet, indicating that the applicant was arrested either by the Service, by ICE, or some other law enforcement agency. The FBI rap sheet may also indicate that the applicant has another A-file. In these cases, further research may be necessary to determine whether the arrest resulted in the applicant being placed in removal proceedings or was ordered removed. You should also check the Central Index System (USCIS) to determine if the applicant has other A-files, and the location of any additional A-files. See Chapter 72.2(b) for a more complete discussion of file review and the USCIS.

• The N-400 asks if the applicant is in removal proceedings or has been removed, ordered removed, or ever applied for suspension of removal. However, you should not rely solely on the applicant’s response to this question, as the applicant may not be aware that he or she is in removal proceedings or was ordered removed. The applicant may not have received the Notice to Appear (Form I-862) advising him or her that removal proceeding were pending against the applicant as he or she may have failed to inform USCIS of a change of address. In other cases, the applicant may try to conceal this information by providing false information on the application and when questioned by you.

• You can also access the Deportable Alien Control System (DACS), or the Central Index System (USCIS), database systems which can help you to find out whether the applicant is in removal proceedings, or was ordered removed.

• You can telephone the Immigration Court Information System, which is supervised by the Executive Office of Immigration Review (EOIR), to access an automated telephone system that contains information regarding aliens who have been issued a notice to appear, or were ordered removed. This system tracks the removal proceeding process from the time the notice to appear is filed with the Immigration Court, until a final decision is made by the immigration judge. To access this system, you must call (1-800-898-71 80) and key in the applicant’s A-number when prompted to do so.

If the applicant is in removal proceedings, you should continue the case until after the judge has issued an order or terminated the proceedings. When an applicant has been served with a final order of removal, you should first conduct the interview, as the applicant may be able to provide some additional information that could be used to support the written decision to deny the application. You must then deny the application in accordance with section 318 of the Act, and contact investigations about the ca se. You should consult your local policy about what steps should be taken when an applicant has been ordered removed. If the proceedings have been terminated you must then conduct an interview with the applicant.

Note:

Even if the applicant has already been interviewed once, you may need to conduct a second interview after the proceedings have been terminated. The applicant must still establish that he or she meets all of the eligibility requirements for naturalization.