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Chapter 3: Evidence and the Record


A. Applicant Testimony


Issues relevant to the GMC requirement may arise at any time during the naturalization interview. The officer’s questions during the interview should elicit a complete record of any criminal, unlawful, or questionable activity in which the applicant has ever engaged regardless of whether that information eventually proves to be material to the GMC determination.


The officer should take into consideration the education level of the applicant and his or her knowledge of the English language. The officer may rephrase questions and supplement the inquiry with additional questions to better ensure that the applicant understands the proceedings.[1] See Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing [12 USCIS-PM E.2], for guidance on rephrasing questions.


The officer must take a sworn statement from an applicant when the applicant admits committing an offense for which the applicant has never been formally charged, indicted, arrested or convicted.[2] See 8 CFR 316.10(b)(2)(iv). See Chapter 2, Adjudicative Factors, Section E, Admission of Certain Criminal Acts [12 USCIS-PM F.2(E)].  


B. Court Dispositions


In general, an officer has the authority to request the applicant to provide a court disposition for any criminal offense committed in the United States or abroad to properly determine whether the applicant meets the GMC requirement. USCIS requires applicants to provide court dispositions certified by the pertinent jurisdiction for any offense committed during the statutory period. In addition, USCIS may request any additional evidence that may affect a determination regarding the applicant’s GMC. The burden is on the applicant to show that an offense does not prevent him or her from establishing GMC. 


An applicant is required to provide a certified court disposition for any arrest involving the following offenses and circumstances, regardless of whether the arrest resulted in a conviction:


  • Arrest for criminal act committed during the statutory period;



  • Arrest for murder;


  • Arrest for any offense that would render the applicant removable;


  • Arrest for offenses outside the statutory period, if when combined with other offenses inside the statutory period, the offense would preclude the applicant from establishing GMC; and


  • Arrest for crime where the applicant would still be on probation at the time of adjudication of the naturalization application or may have been incarcerated for 180 days during the statutory period.

 

These procedures are not intended to limit the discretion of any officer in requesting documentation that the officer needs to properly assess an applicant’s GMC.


In cases where a court disposition or police record is not available, the applicant must provide original or certified confirmation that the record is not available from the applicable law enforcement agency or court.


C. Failure to Respond to Request for Evidence


In cases where the initial naturalization examination has already been conducted, the officer should adjudicate the naturalization application on the merits where the applicant fails to respond to a request for additional evidence.[4] See Part B, Naturalization Examination, Chapter 4, Results of the Naturalization Examination [12 USCIS-PM B.4], for guidance on decisions on the application, to include cases where the applicant fails to respond. The officer should not deny the application for lack of prosecution after the initial naturalization examination.[5] See INA 335(e). See 8 CFR 335.7.





Footnotes


1. [^] 

 See Part E, English and Civics Testing and ExceptionsChapter 2, English and Civics Testing [12 USCIS-PM E.2], for guidance on rephrasing questions.

2. [^] 

 See 8 CFR 316.10(b)(2)(iv). See Chapter 2, Adjudicative FactorsSection E, Admission of Certain Criminal Acts [12 USCIS-PM F.2(E)]. 

3. [^] 

 See INA 101(a)(43). See Chapter 4, Permanent Bars to GMCSection B, Aggravated Felony [12 USCIS-PM F.4(B)].

4. [^] 

 See Part B, Naturalization ExaminationChapter 4, Results of the Naturalization Examination [12 USCIS-PM B.4], for guidance on decisions on the application, to include cases where the applicant fails to respond.

5. [^] 

 See INA 335(e). See 8 CFR 335.7.



Resources


Legal Authorities
INA 101(f) - Good moral character definition
INA 316(e), 8 CFR 316.10 - Good moral character requirement


Updates


Date Details
September 30, 2013
Technical Update

Certified Court Dispositions

This technical update adds language addressing existing policy on circumstances where an applicant is required to provide a certified court disposition.

January 7, 2013
POLICY ALERT

Comprehensive Citizenship and Naturalization Policy Guidance

​USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.

Read more »


Current as of July 1, 2014