OI 336.1	Directory of naturalization courts
OI 336.2	Court calendars
OI 336.3	Name change after petition filed and before final hearing
OI 336.4	Order to show cause
OI 336.5	Final hearings
OI 336.6	Record of final hearing
OI 336.7	Form of recommendations for denial
OI 336.8	Introduction is evidence of preliminary examination and supporting documents
OI 336.9	Lists of petitions and others of court
OI 336.10	Distribution of message from the President and the pamphlet "A welcome to U.S.A. Citizenship"
OI 336.11	Admission to citizenship over objection
OI 336.12	Notification of decision
OI 336.13	Surrender of foreign passport or naturalization certificate
OI 336.14	Lists of naturalized citizens

OI 336.1 Directory of naturalization courts.

When a naturalization court has become active or inactive, or has other wise made changes in the exercise of its jurisdiction to naturalize, or when administrative jurisdiction to file petitions is transferred form one office to another, or when any other change takes place requiring amendment of the directory, there shall be submitted to the Assistant Commissioner, Naturalization, Central Office, referring to 310.1-p, a regional report on January 1 and July 1 only, indicating the exact change and the pag e number on which an amendment of the directory shall be made. Copies of the regional report shall be furnished the other regional offices at the same time. If no changes are to be made in the directory, the Assistant Commissioner, Naturalization, shall be so advised.

OI 336.2 Court calendars.

A separate calendar, reflecting dates of final hearings and other information required by Chapter 4, Naturalization Examiner's Guide, and exhibit thereto, shall be completed for each State, possession, an commonwealth immediately following January 1st, and 5 copies forwarded to the regional office. The regional office will collate the calendars for the region, and transmit 3 of the copies to the Assistant Commissioner, Naturalization.

The Assistant Commissioner, Naturalization, shall be kept informed on a continuing, prompt basis, of any changes required in the calendars after original submission.

OI 336.3 Name change after petition filed and before final hearing.

Whenever a petitioner's name is changed after the petition is filed and before the final hearing, the new name shall be shown parenthetically in the "Change of Names" column of the list of petitioners, followed by "by marriage," or "by divorce," or "by judicial action," as appropriate.

OI 336.4 Order to show causes.

When, following issuance of a petition is requested pending final adjudication in the deportation proceeding (see INTERP 318), documentary evidence shall be offered and made part of the record to prove that such proceedings are pending.

OI 336.5 Final hearings.

(a) Notice of final hearing and questionnaire. As appropriate, Form N-445 or Form N-445B shall be mailed to the petitioner by the Service or the clerk of court, with the appropriate signature filled in on the notification side. When the notice is from the Service, the signature shall be "Immigration and Naturalization Service" and the form shall be processed as a notice, rather than a letter, without salutation, complimentary closing, and signature of an individual.

The questionnaire on Form N-445B shall not be completed and executed in section 322 and 323 cases when the beneficiary children will be under 13 years of age on the date of the final hearing. In such circumstances, the instruction on Form N-445B requiring completion of the questionnaire shall be stricken. Moreover, the letter "X" shall be entered in the 5th box down on the face of the form and the sentence "DO NOT ANSWER THE QUESTIONS ON THE OTHER SIDE OF THIS NOTICE" shall be entered in capital lette rs after the word "OTHER". When cases in this category are calendared for final hearing, and the Forms N-445B are to be sent out by the clerk of court, the Service office shall prepare for each such case a Form N-445B, amended as described herein, and shall forward them to the clerk of court at the same time the preliminary list of scheduled cases is transmitted, with instructions that the amended forms be used for the related cases in lieu of any other forms N-445B which the clerk may have on hand.

The Service officer in attendance at the final hearing shall go over the questionnaire on Form N-445 or Form N-445B with the petitioner immediately before the hearing. If affirmative questionnaire answers are resolved in favor of the petitioner, or the beneficiary in a section 322 or 323 case, that fact shall be appropriately endorsed in the file by the officer; otherwise, a motion for continuance of the petition shall be made at the hearing so that the petitioner's, or beneficiary's, eligibility may b e further developed. Each questionnaire shall then be placed in the respective petitioner's file.

If a Service officer will not attend the final hearing, the petitioner shall be required to complete the questionnaire portion of Form N-445, or Form N-445B where the child is not exempt by age and submit it to the Service office at least one week before the final hearings. If satisfactory, this completed form shall be forwarded to the clerk of court with the other forms required by 8 CFR 336.13, with a request that it be returned tot he Service office after the hearing. The clerk shall be instructed to communicate telephonically wit the Service office when the petitioner change a negative answer to an affirmative one on the questionnaire portion of Form N-445 or Form N-445B. The advice furnished to the clerk at the time of his call shall be noted in the Service file by the instructing officer.

OI 336.6 Record of final hearing.

(a) United States district courts. The official court reporter will make a verbatim record of all final hearings in United States district courts unless the Service and the petitioner, with the court's approval, agree that no record be made. Nonrecording shall not be proposed or agreed to without prior approval from the regional commissioner.

Since the court reporter may charge the Service a fee for a transcript, one shall not be requested without approval form the regional commissioner. In making such a request, the need for the transcript and the estimated fee shall be stated. The Service will not advance payment. After a transcript is furnished, the reporter may submit a bill.

(b) State courts. In State courts where naturalization hearings are not ordinarily reported, an effort shall be made to have the hearing reported by an official stenographer when denial of a petition is recommended.

OI 336.7 Form of recommendations for denial.

Recommendations for denial of petitions shall be stated on Form N-484 or the individually drawn denial lists, and on the memorandum required by 8 CFR 335.12 , in the following language:

(1) Good moral character lacking:

Failed to establish good moral character during the period required by law.

(2) Attachment and disposition lacking:

Failed to establish attachment to the principles of the Constitution and favorable disposition to the United States during the period required by law.

(3) Legally incompetent to file a petition:

Petitioner was legally incompetent to make a file a valid petition.

(4) Inability to read, write, or speak English:

Petitioner cannot speak (read, write) the English language.

(5) Not resident within court's jurisdiction:

Petitioner not resident within the jurisdiction of the court.

(6) Continuity of residence broker or residence requirements otherwise lacking:

Petitioner has failed to establish continuous residence in the United States (State, United States and States) for the period required by law.

(7) Physical presence requirements lacking:

Petitioner has failed to establish physical presence in the United States for the period required by law.

(8) Lawful admission for permanent residence lacking:

Petitioner has failed to establish lawful admission to the United States for permanent residence.

(9) Verifying witnesses or depositions not satisfactory: *

Petition is not supported by required affidavits of witnesses (depositions, oral testimony).

(10) Unable to sign petition:

Petition was not signed in petitioner's own handwriting.

________________________________________________________________

* Witness requirements repealed by Act of December 29, 1981. (95 Stat. 1611).

(11) Petition not prosecuted:

Lack of prosecution.

(12) Petition withdrawn:

Withdrawn by petitioner.

(13) Petitioner already a United States citizen:

Petitioner has failed to establish alienage or noncitizen nationality of the United States.

(14) Relief from military service; membership in proscribed organizations:

Petitioner has failed to establish that he is not ineligible for naturalization under section 315 (section 313) of the Immigration and Nationality Act.

(15) Failure to pass educational examination:

Petitioner lacks knowledge and understanding of the fundamentals of the history and the principles and form of government of the United States.

(16) Deportable:

A final finding of deportability is outstanding.

(17) Unwillingness to bear arms, etc.; mental reservation or qualification as to oath of allegiance; legally incompetent at final hearing:

Petitioner is unable to take the oath of allegiance to the United States.

(18) Cannot meet requirements under special naturalization provisions:

Petitioner has failed to establish (insert the specific special prerequisite which is lacking, such as a valid marriage to a United States citizen, or marital union, or length or type of military service, or validity of adoption, or service as seaman, or other special provisions not met and not covered by any of the other numbered recommendations in this OI), as required by section_____of the Immigration and Nationality Act.

(19) Petitioner has died:

Petitioner has deceased.

OI 336.8 Introduction in evidence of preliminary examination and supporting documents.

The officer in attendance at the final hearing shall introduce into evidence the record of the preliminary examination together with the memoranda containing the findings, conclusions and recommendations of the designated examiner and the regional commissioner, the sworn Form N-400 and supplements thereto, and any other documentary evidence required to support a recommendation for denial on the merits or "grant--facts to court." Such action shall be taken even though the petitioner fails to appear, if the recommendation is for denial on the merits.

The Service officer shall obtain a ruling on the admissibility of the evidence and have the record show whether the evidence was admitted or rejected. If the documents, after acceptance in evidence, are returned to the Service for safekeeping, they must be marked by the clerk of court or court reporter to show their acceptance.

OI 336.9 Lists of petitions and orders of court.

(a) Table of lists and orders. The following table shows all of the published forms of lists and orders specified in 8 CFR 336.13(a) and indicates their uses:

N-480 Naturalization Petitions Recommended to be Granted (by designated examiner) (and) Order of Court Granting Petitions for Naturalization.

N-481 Naturalization Petitions Recommend to be Granted (continuation of Form N-480; corresponding Order of Court Granting Petitions is the Order on Form on Form N-480).

N-485 Naturalization Petitions Recommended to be Granted (by designated examiner in behalf in behalf of children) (and) Order of Court Granting Petitions for Naturalization.

N-484 Naturalization Petitions Recommended to be Denied (by designated examiner) (and) Order of Court Denying Petitions for Naturalization.

(b) Preparation of grant lists an court orders relating to petitions filed in behalf of children. A single list and court order on Form N-485 (12-1-66) shall be prepared for a given final hearing, even though some beneficiaries take the oath, while others do not. When both waiver and non-waiver cases are listed, the names of those beneficiaries in whose cases the taking of the oath is waived shall be preceded by an asterisk.

The court order on the reverse of Form N-485 shall be amended by inserting, in the space and line after the word "petitioners," the words "and beneficiaries noted by '*', in whose cases the taking of the oath is waived" and by substituting for the present word "waived" the word "taken."

OI 336.10 Distribution of message from the President and the pamphlet "A Welcome to U.S.A. Citizenship."

"A Message from the President of the United States," and the pamphlet, "A Welcome to U.S.A. Citizenship," constitute the Federal Government's welcome to the new citizen and shall be given to him at the time of naturalization, preferably by the presiding judge. If he prefers not to present the messages and the pamphlet, the presentation shall be made by the naturalization examiner or the clerk of court. At the same time, there shall be distributed House Document No. 225, "Pledge of Allegiance to the Flag." No additional folds shall be made in the document when distributed. There shall also be distributed a notice from the passport Office of the Department of State, title "Notice to Newly Naturalized Citizens Regarding Passports," which contains information concerning the advantages of making timely application for a United States passport, and Which urges the new citizens to apply for and maintain a valid passport at all times.

OI 336.11 Admission to citizenship over objection.

(a) Report to U.S. Attorney and regional counsel. Whenever the court overrules a recommendation for denial or for continuous because of pending deportation proceedings, the U.S. Attorney shall be promptly notified to file a timely protective notice of appeal, and the complete file and a report shall be transmitted without delay to the regional counsel. Telephonic notification of the recommendation as to whether to pursue an appeal shall be made immediately to the regional counsel and General Counsel; the file and written report must reach the General Counsel no later than the 25th day of the 60-day appeal period. See O.I. 103.1(e) (8) (ii).

(b) Form of report. Immediately after a final hearing in which the court takes adverse action, the examiner in attendance shall prepare a full report in order that a proper determination may be made as to whether the court record justifies an appeal. If witnesses testified, the report should include the substance of their testimony. The complete file and report shall be transmitted to the regional counsel by memorandum, containing a recommendation for or against appeal with reasons therefore, and setting for th that the United States Attorney has been notified to file a timely protective notice of appeal. In State court cases, the time for filing an appeal shall be given.

OI 336.12 Notification of decision.

When a denial recommendation has been made and the court does not dispose of the case at the hearing but takes it under advisement and subsequently renders its decision, every efforts shall be made to ensure that the petitioner or his representative is promptly notified of the court's decision.

OI 336.13 Surrender of foreign passport or naturalization certificate.

At the final hearing, the officer in attendance shall announce that nationals of Colombia should surrender their Colombian passports, Colombian citizenship identification cards or other official documents which identify them as citizens of Colombia, to Colombian authorities in the United States; that Australian citizens should surrender their Australian passports and other travel documents to Australian authorities in the United States; and that Indian nationals should surrender their Indian passports to In dian authorities in the United States; and that Ecuadorian nations should surrender their Ecuadorian passports and other documents of that nationality to the Embassy of Ecuador in Washington, D.C.

OI 336.14 Lists of naturalized citizens.

A listing, by state, of all persons naturalized during the preceding month will be prepared and furnished to each member of the Congress from that state by the 10th day of the following month. The lists shall contain the names and addresses of those naturalized and shall indicate Mr., Mrs., Miss or Ms. by each name. Where appropriate, the lists will indicate whether petitioners are husband and wife or brothers/sisters. Ages of children naturalized and the name of the petitioning parent(s) will be shown.