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8 U.S.C. § 1447 — Hearings on denials of applications for naturalization

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1447 — Hearings on denials of applications for naturalization

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Source file: Laws/federal/codes/united-states-code/title-8/section-1447-hearings-on-denials-of-applications-for-naturalization--2c5b94857b.md
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Source location: Title 8, Chapter 12, § 1447; chapter-012-immigration-and-nationality.md

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**(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 case such witnesses cannot be produced upon the hearing other witnesses may be summoned upon notice to the Attorney General, in such manner and at such time as the Attorney General may by regulation prescribe. Such subpenas may be enforced in the same manner as subpenas under [section 1446(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1446/b&num=0&edition=prelim) may be enforced. **(e) Change of name** It shall be lawful at the time and as a part of the administration by a court of 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) for the court, in its discretion, upon the bona fide prayer of the applicant included in an appropriate petition to the court, to make a decree changing the name of said person, and the certificate of naturalization shall be issued in accordance therewith.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1446 — Investigation of applicants; examination of applications

**(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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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(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

8 U.S.C. § 351 to 416 — Repealed or transferred

### Statutory Notes These sections, relating to naturalization, were in large degree affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former [section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section904&num=0&edition=prelim). See notes below for history of individual sections. Sections 351 to 354, relating to Bureau of Naturalization, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 54 Stat. 1172. Sections 351 to 353 were from act June 29, 1906, ch. 3592, § 1, 34 Stat. 596, and section 354 was from act May 9, 1918, ch. 69, § 1, 40 Stat. 544. See [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1443&num=0&edition=prelim). See also section 1551 et seq. of this title for general provisions relating to Immigration and Naturalization Service. Section 355, relating to reports of expenditures of Bureau of Naturalization, was repealed by act May 29, 1928, ch. 901, § 1, 45 Stat. 994. It was from act Mar. 4, 1909, ch. 299, § 1, 35 Stat. 982. Sections 356 to 358a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. Section 356, relating to regulations for execution of naturalization laws and use of copies of papers in evidence, was from acts June 29, 1906, ch. 3592, § 28, 34 Stat. 606, and Mar. 2, 1929, ch. 536, § 8, 45 Stat. 1515; see [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1447 — Hearings on denials of applications for

Page 514 TITLE 8—ALIENS AND NATIONALITY § 1447 whether the application should be granted or de- nied, with reasons therefor. (e) Withdrawal of application After an application for naturalization has been filed with the Attorney General, the appli- cant shall not be permitted to withdraw his ap- plication, except with the consent of the Attor- ney General. In cases where the Attorney Gen- eral 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 applica- tion shall be decided on the merits unless the Attorney General dismisses it for lack of pros- ecution. (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 ap- plication had originally been filed in the district of the Service to which the application is trans- ferred. (June 27, 1952, ch. 477, title III, ch. 2, § 335, 66 Stat. 255; Pub. L. 97–116, § 15(c), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100–525, § 9(aa), (bb), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101–649, title IV, §§ 401(c), 407(c)(16), (d)(13), Nov. 29, 1990, 104 Stat. 5038, 5041, 5043; Pub. L. 102–232, title III, § 305(f), Dec. 12, 1991, 105 Stat. 1750.) Editorial Notes AMENDMENTS 1991—Subsec. (b). Pub. L. 102–232 substituted ‘‘

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