8 U.S.C. § 1445 — Application for naturalization; declara-

Page 512 TITLE 8—ALIENS AND NATIONALITY § 1445 (b) Three identical photographs of the appli- cant shall be furnished by each applicant for— (1) a record of lawful admission for perma- nent residence to be made under section 1259 of this title; (2) a certificate of derivative citizenship; (3) a certificate of naturalization or of citi- zenship; (4) a special certificate of naturalization; (5) a certificate of naturalization or of citi- zenship, in lieu of one lost, mutilated, or de- stroyed; (6) a new certificate of citizenship in the new name of any naturalized citizen who, subse- quent to naturalization, has had his name changed by order of a court of competent ju- risdiction or by marriage; and (7) a declaration of intention. One such photograph shall be affixed to each such certificate issued by the Attorney General and one shall be affixed to the copy of such cer- tificate retained by the Service. (June 27, 1952, ch. 477, title III, ch. 2, § 333, 66 Stat. 253; Pub. L. 101–649, title IV, § 407(c)(14), (d)(11), Nov. 29, 1990, 104 Stat. 5041, 5042; Pub. L. 103–416, title II, § 219(w), Oct. 25, 1994, 108 Stat. 4318.) Editorial Notes AMENDMENTS 1994—Subsec. (b)(1). Pub. L. 103–416 substituted ‘‘1259’’ for ‘‘1259(a)’’. 1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘appli- cant’’ for ‘‘petitioner’’ after ‘‘by each’’, and ‘‘Attorney General’’ for ‘‘clerk of the court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1445. Application for naturalization; declara- tion of intention (a) Evidence and form An applicant for naturalization shall make and file with the Attorney General a sworn ap- plication in writing, signed by the applicant in the applicant’s own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be mate- rial to the applicant’s naturalization, and re- quired to be proved under this subchapter. 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 natu- ralization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement. (b) Who may file No person shall file a valid application for nat- uralization unless he shall have attained the age of eighteen years. An application for naturaliza- tion by an alien shall contain an averment of lawful admission for permanent residence. (c) Hearings Hearings under section 1447(a) of this title on applications for naturalization shall be held at regular intervals specified by the Attorney Gen- eral. (d) Filing of application Except as provided in subsection (e), an appli- cation for naturalization shall be filed in the of- fice of the Attorney General. (e) Substitute filing place and administering oath other than before Attorney General A person may file an application for natu- ralization other than in the office of the Attor- ney General, and an oath of allegiance adminis- tered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the person has an ill- ness or other disability which— (1) is of a permanent nature and is suffi- ciently serious to prevent the person’s per- sonal appearance, or (2) is of a nature which so incapacitates the person as to prevent him from personally ap- pearing. (f) Declaration of intention An alien over 18 years of age who is residing in the United States pursuant to a lawful admis- sion for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application pre- scribed and approved by the Attorney General. Nothing in this subsection shall be construed as requiring any such alien to make and file a dec- laration of intention as a condition precedent to filing an application for naturalization nor shall any such declaration of intention be regarded as conferring or having conferred upon any such alien United States citizenship or nationality or the right to United States citizenship or nation- ality, nor shall such declaration be regarded as evidence of such alien’s lawful admission for permanent residence in any proceeding, action, or matter arising under this chapter or any other Act. (June 27, 1952, ch. 477, title III, ch. 2, § 334, 66 Stat. 254; Pub. L. 97–116, § 15(b), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 101–649, title IV, §§ 401(b), 407(c)(15), (d)(12), Nov. 29, 1990, 104 Stat. 5038, 5041, 5042; Pub. L. 102–232, title III, § 305(d), (e), (m)(7), Dec. 12, 1991, 105 Stat. 1750.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f), was in the original a reference to this Act, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the 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)(F), added subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which related to time to file, substitute filing place, and investigation into reasons for substitute fil- ing place, respectively. Subsecs. (f), (g). Pub. L. 101–649, § 407(c)(15), (d)(12)(D), (E), redesignated subsec. (f) as (g), substituted ‘‘An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declara- tion of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General.’’ for ‘‘Any alien over eighteen years of age who is residing in the United States pursuant to a lawful admission for permanent residence may, upon an application prescribed, filed with, and approved by the Service, make and file in du- plicate in the office of the clerk of court, regardless of the alien’s place of residence in the United States, a signed declaration of intention to become a citizen of the United States, in such form as the Attorney Gen- eral shall prescribe.’’, and substituted ‘‘an application’’ for ‘‘a petition’’ in last sentence. 1981—Subsec. (a). Pub. L. 97–116 struck out ‘‘and duly verified by two witnesses,’’ after ‘‘able to write,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 305(d), (e) of Pub. L. 102–232 ef- fective as if included in the enactment of the Immigra- tion Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105 Stat. 1750, provided that the amendment made by sec- tion 305(m) is effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101–649. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1446. Investigation of applicants; examination of applications (a) Waiver Before a person may be naturalized, an em- ployee of the Service, or of the United States designated by the Attorney General, shall con- duct a personal investigation of the person ap- plying for naturalization in the vicinity or vi- cinities in which such person has maintained his actual place of abode and in the vicinity or vi- cinities 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 des- ignees; record The Attorney General shall designate employ- ees of the Service to conduct examinations upon applications for naturalization. For such pur- poses any such employee so designated is au- thorized to take testimony concerning any mat- ter touching or in any way affecting the admis- sibility of any applicant for naturalization, to administer oaths, including the oath of the ap- plicant for naturalization, and to require by sub- pena 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 in- voke 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 rel- evant books, papers, and documents if de- manded, 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 con- ducted by an immigration officer under section 1447(a) of this title. Any such employee shall, at the examination, inform the applicant of the remedies available to the applicant under sec- tion 1447 of this title. (c) Transmittal of record of examination The record of the examination upon any appli- cation 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