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8 U.S.C. § 1446 — Investigation of applicants; examination of applications
Federal law — U.S. Code and appendices · legal_authorities
**(a) Waiver** Before a person may be naturalized, an employee of the Service, or of the United States designated by the Attorney General, shall conduct a personal investigation of the person applying for naturalization in the vicinity or vicinities in which such person has maintained his actual place of abode and in the vicinity or vicinities in which such person has been employed or has engaged in business or work for at least five years immediately preceding the filing of his application for naturalization. The Attorney General may, in his discretion, waive a personal investigation in an individual case or in such cases or classes of cases as may be designated by him.
**(b) Conduct of examinations; authority of designees; record** The Attorney General shall designate employees of the Service to conduct examinations upon applications for naturalization. For such purposes any such employee so designated is authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any applicant for naturalization, to administer oaths, including the oath of the applicant for naturalization, and to require by subpena the attendance and testimony of witnesses, including applicant, before such employee so designated and the production of relevant books, papers, and documents, and to that end may invoke the aid of any district court of the United States; and any such court may, in the event of neglect or refusal to respond to a subpena issued by any such employee so designated or refusal to testify before such employee so designated issue an order requiring such person to appear before such employee so designated, produce relevant books, papers, and documents if demanded, and testify; and any failure to obey such order of the court may be punis
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Source file: Laws/federal/codes/united-states-code/title-8/section-1446-investigation-of-applicants-examination-of-applications--ad2dcf688b.md
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Source location: Title 8, Chapter 12, § 1446; chapter-012-immigration-and-nationality.md
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**(a) Waiver** Before a person may be naturalized, an employee of the Service, or of the United States designated by the Attorney General, shall conduct a personal investigation of the person applying for naturalization in the vicinity or vicinities in which such person has maintained his actual place of abode and in the vicinity or vicinities in which such person has been employed or has engaged in business or work for at least five years immediately preceding the filing of his application for naturalization. The Attorney General may, in his discretion, waive a personal investigation in an individual case or in such cases or classes of cases as may be designated by him.
**(b) Conduct of examinations; authority of designees; record** The Attorney General shall designate employees of the Service to conduct examinations upon applications for naturalization. For such purposes any such employee so designated is authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any applicant for naturalization, to administer oaths, including the oath of the applicant for naturalization, and to require by subpena the attendance and testimony of witnesses, including applicant, before such employee so designated and the production of relevant books, papers, and documents, and to that end may invoke the aid of any district court of the United States; and any such court may, in the event of neglect or refusal to respond to a subpena issued by any such employee so designated or refusal to testify before such employee so designated issue an order requiring such person to appear before such employee so designated, produce relevant books, papers, and documents if demanded, and testify; and any failure to obey such order of the court may be punished by the court as a contempt thereof. The record of the examination authorized by this subsection shall be admissible as evidence in any hearing conducted by an immigration officer under [section 1447(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1447/a&num=0&edition=prelim). Any such employee shall, at the examination, inform the applicant of the remedies available to the applicant under [section 1447 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1447&num=0&edition=prelim).
**(c) Transmittal of record of examination** The record of the examination upon any application for naturalization may, in the discretion of the Attorney General be transmitted to the Attorney General and the determination with respect thereto of the employee designated to conduct such examination shall when made also be transmitted to the Attorney General.
**(d) Determination to grant or deny application** The employee designated to conduct any such examination shall make a determination as to whether the application should be granted or denied, with reasons therefor.
**(e) Withdrawal of application** After an application for naturalization has been filed with the Attorney General, the applicant shall not be permitted to withdraw his application, except with the consent of the Attorney General. In cases where the Attorney General does not consent to the withdrawal of the application, the application shall be determined on its merits and a final order determination made accordingly. In cases where the applicant fails to prosecute his application, the application shall be decided on the merits unless the Attorney General dismisses it for lack of prosecution.
**(f) Transfer of application** An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred.
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority in Attorney General** The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General.
**(b) Court authority to administer oaths**
(1) **Jurisdiction** — Subject to [section 1448(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/c&num=0&edition=prelim)—
(A) *General jurisdiction* — Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under [section 1448(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/a&num=0&edition=prelim) administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligible court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court.
(B) *Exclusive authority* — An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under [section 1448(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1448/a&num=0&edition=prelim) to persons residing within the jurisdiction of the court during the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to such persons during such period.
(2) **Information**
(A) *General information* — In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General—
(i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and
(ii) the Attorney Gener
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Request for hearing before immigration officer** If, after an examination under [section 1446 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1446&num=0&edition=prelim), an application for naturalization is denied, the applicant may request a hearing before an immigration officer.
**(b) Request for hearing before district court** If there is a failure to make a determination under [section 1446 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1446&num=0&edition=prelim) before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.
**(c) Appearance of Attorney General** The Attorney General shall have the right to appear before any immigration officer in any naturalization proceedings for the purpose of cross-examining the applicant and the witnesses produced in support of the application concerning any matter touching or in any way affecting the applicant’s right to admission to citizenship, and shall have the right to call witnesses, including the applicant, produce evidence, and be heard in opposition to, or in favor of the granting of any application in naturalization proceedings.
**(d) Subpena of witnesses** The immigration officer shall, if the applicant requests it at the time of filing the request for the hearing, issue a subpena for the witnesses named by such applicant to appear upon the day set for the hearing, but in c
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Federal law — U.S. Code and appendices · legal_authorities
Page 513
TITLE 8—ALIENS AND NATIONALITY
§ 1446
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1991—Subsec. (a). Pub. L. 102–232, § 305(m)(7), struck
out ‘‘, in duplicate,’’ after ‘‘file with the Attorney Gen-
eral’’.
Pub. L. 102–232, § 305(e), made technical correction to
directory language of Pub. L. 101–649, § 407(d)(12)(B). See
1990 Amendment note below.
Subsecs. (f), (g). Pub. L. 102–232, § 305(d), redesignated
subsec. (g) as (f).
1990—Pub. L. 101–649, § 407(d)(12)(A), substituted ‘‘Ap-
plication for naturalization; declaration of intention’’
for ‘‘Petition for naturalization’’ in section catchline.
Subsec. (a). Pub. L. 101–649, § 407(c)(15), (d)(12)(B), as
amended by Pub. L. 102–232, § 305(e), substituted ‘‘with
the Attorney General’’ for ‘‘in the office of the clerk of
a naturalization court’’, ‘‘under this subchapter’’ for
‘‘upon the hearing of such petition’’, and ‘‘application’’
for ‘‘petition’’ wherever appearing.
Pub. L. 101–649, § 401(b), inserted at end ‘‘In the case
of an applicant subject to a requirement of continuous
residence under section 1427(a) or 1430(a) of this title,
the application for naturalization may be filed up to 3
months before the date the applicant would first other-
wise meet such continuous residence requirement.’’
Subsec. (b). Pub. L. 101–649, § 407(c)(15), (d)(12)(C), sub-
stituted ‘‘application’’ for ‘‘petition’’ in first sentence,
and struck out ‘‘(1)’’ before ‘‘he shall have attained’’,
‘‘and (2) he shall have first filed an application therefor
at an office of the Service in the form and manner pre-
scribed by the Attorney General’’ after ‘‘eighteen
years’’, and ‘‘petition for’’ after ‘‘An application for’’.
Subsecs. (c) to (e). Pub. L. 101–649, § 407(d)(12)(
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