Make use of the option of renewing your green card online in US!

online renew green card

 

At the time the naturalization application is filed the applicant should generally be above the age of 18 years of age and also should submit proof that the applicant was lawfully admitted for permanent residency to the United States. In case by any kind of fraud, by mistake or any other option not in agreement with the law if the permanent residency was obtained by the applicant and also not according to the provisions of the Immigration and Nationality Act (INA) then it’s not lawful admission.

Do you hold a PRC?

So it’s important to ascertain that the applicant is not only possessing a permanent resident card but also that the status was obtained lawfully while determining the applicant’s naturalization eligibility by USCIS. So even though an applicant is holding a permanent resident card if the status was not obtained through lawful means and not admitted lawfully and in agreement with the INA provisions then the applicant is not eligible for naturalization.

Also it’s important to renew green card on time and make sure it is valid always. At the time of filing for naturalization an applicant must have resided in US continuously for minimum five years. If the green card holder was a business person who traveled frequently he/she should make sure of renewing your green card online and hold a valid resident card always. Even 90 days before the continuous residence period requirement of minimum 5 years is met applicant can file for naturalization if properly the criterion is met.

Continuous resident requirements

According to conditional residence provisions all the requirements must have been met by a conditional permanent resident (CPR) who is applying for naturalization based on meeting the minimum five years permanent resident requirement. Unless and until the condition on their residence is not removed the CPRs should not apply for naturalization since according to all applicable provisions of the INA he/she is not admitted as a permanent resident yet. The applicant cannot file for US citizenship unless the Form I-751, Petition to Remove the Conditions of Residence has been approved by the USCIS.

Who are eligible for exceptions?

The nationals of the United States who are not citizens are provided with an exception for naturalization from the LPR requirement by law. If you are born in American Samoa or Swains Island which is the remote possessions of the United States you will be considered as US nationals and so without meeting the lawful permanent residency requirement such non citizen nationals can become a resident of any US state and naturalize. The INA do not list such persons as ‘aliens’ and a PRC is not possessed by the nationals.

Exemption is also given to certain members of US armed forces that are in service under specific conditions outside US. Under which grouping a person was issued the LPR status and the date information can be found in a PRC. In accordance with all applicable provisions of the INA whether the card was obtained cannot be proved by just holding a PRC. But as proof of the lawful permanent status it’s important for all above the age of 18 years to carry along the PRC.

Wondering how to get a duplicate US citizenship certificate?

duplicate US certificate

 

Person’s identification and his/her US citizenship confirmation information are the contents of a certificate of citizenship. On the certificate of citizenship the information of the applicant which includes the Registration ‘A’ number of United States Citizenship and Immigration Services (USCIS), complete name, place of residence, country of birth, marital status, photograph, other descriptors like the date of birth, sex, height etc and the applicant’s signature.

The certificate of citizenship issued after becoming a US citizen also contains the certificate number, the date on which he/she became US citizen, date the certificate was issued, statement by the USCIS Director indicating that with all the US citizenship eligibility requirements under law of the United States had been fulfilled by the applicant. The certificate would also contain as the authority responsible for the issuance of certificate the DHS seal and Director’s signature.

How to file for certificate replacement?

In case an applicant after becoming a US citizen has lost or if the certificate of citizenship is stolen and he/she would like to know how to get a duplicate US citizenship certificate, they can file Form N-565 to get a replacement for the certificate. The filing fee for Form N-565, Replacement of Citizenship document is $345.

Due to marriage or divorce there may be changes to the name and to request to update the new name on the certificate Form N-565 should be filed with USCIS. Also applicant could apply for replacement of certificate with information about new gender in addition if an applicant has gone through a gender change after legal approval. Marital status which is already listed on the certificate may also need a change in such cases of gender change. Under the Defense of Marriage act (DOMA) if accordingly any gender change request affecting the validity of marriage to the USCIS headquarters the case should be referred.

Who issues Certificate of Citizenship?

After a person’s citizenship application is approved and the Oath of Allegiance is administered, if required in the presence of a designated USCIS officer, generally USCIS issues a Certificate of citizenship. As evidence for lawful permanent residence persons are issued a permanent resident card (PRC) or an Alien Registration card (ARC). Only after the US citizenship applicant surrenders it the USCIS will issue a Certificate of citizenship to him/her. The requirement of surrendering the card will be waived off by the USCIS if the US citizenship applicant is able to prove that the card got lost or was destroyed.

After the US citizenship application is approved the USCIS will issue citizenship certificate in cases where the person has been given a waiver by USCIS from taking the Oath of Allegiance. If such a person or applicant if below the 18 years of age the certificate is issued to him/her in person, to the parent by certified mail or legal guardian. To applicant above the age of 18 years of age the certificate of citizenship is issued to the person or a legal guardian.

Beware of about what to do if you lost your naturalization certificate.

form N-565 image

 

After the applicant submits immigration forms to the USCIS the citizen certificate is issued. The form which need to be submitted in order to obtain it by an applicant who has resided in the United States and has acquired or derived citizenship automatically at birth or after birth by filing the Form N-600, application for certificate of citizenship. For a child of a US citizen who is residing outside United States by filing Form N-600K , an application for citizenship and issuance of certificate under section 322. If in case you are thinking about what to do if you lost your naturalization certificate, for any changes to the already issued certificate, replace lost one or to correct any mistake Form N-565 must be filed.

Who can file for citizen certificate?

Along with the fee applicable the form instructions must be followed in order to submit the forms. Supporting proof or documents if required should be submitted additionally. Only for children who are under the age of 18 years an application for Citizenship and Issuance of Certificate under Section 322 can be filed. Either after or before the child turns 18 years of age an application for certificate of citizenship can be filed.

Applicant should ascertain that he/she meets the requirements to be eligible for US citizenship and issuance of the certificate if the person who is claiming citizenship is above the age of 18 years. Important to prove that the applicable requirements of eligibility have been met by an applicant who is below 18 years of age by the person filing an application on his/her behalf.

Certificate replacement required?

For either the Certificate of citizenship or Certificate of Naturalization replacement generally an application for replacement, Form N-565 should be submitted by an applicant. Along with the proper fee and in agreement with the instructions in the form the Application for Replacement Naturalization/Citizenship Document should be filed. In case of any damage, mistake or if the form is lost or stolen Form N-565 should be filed for a replacement.

Request for certificate replacement could be filed with a waiver in fee if to the facts available on the applicant’s naturalization or citizenship application is not conventional to the data on the USCIS issued certificate. If there was a clerical error during the certificate preparation by USCIS also fee is waived.

Valid reasons for certificate replacement

To the USCIS requests can be submitted for a replacement of citizenship certificate for a new certificate which has the new or changed name after marriage or divorce of the applicant. Also possible for some applicants to have gone through a gender change and Form N-565 can be filed for a new citizenship certificate with the new changed gender information. This may also change the applicant’s marital status from the one already shown on the certificate.  Such cases are referred to the USCIS headquarters where the gender change will affect the validity of the marriage according to the Defense of Marriage Act (DOMA).

Eligible for exception in the process of becoming a US citizen?

 

disability exception

 

After applicant files the Form N-400 for US citizenship due to any mental or physical impairment he/she can file for an exception fromcitizenship tests in the process of becoming a US citizen. If the form is found sufficient the process of naturalization would be completed normally and applicant is issued citizen certificate. Sometimes the medical exception Form N-648 filed would be found insufficient by the USCIS officer. If the form has not been completed properly, no proper explanation is given about applicant’s medical condition because of which he/she is not able to meet the civics, English or both requirements the officer decided the request for exception is insufficient. Also if there is discrepancy between names of the naturalization applicant and the name on form filled by the medical professional requesting for exception the officer decided Form N-648 is insufficient for granting exception.

Decision on exception request at different levels

Initial interview level

If the applicant who is not qualified for exception has passed the same English and Civics Tests the officer will check if the applicant meets with the rest of the eligibility requirements and proceed with the naturalization examination. Just for the only reason that the applicant after submitting the disability exception form has passed the same English and civics tests the officer should not determine that the applicant has no good moral character (GMC) or was engaged in any kind of fraud. With regards to the applicant’s relationship with the medical profession who filled the exception form and about the reason for filing it questions will be asked by officer to the applicant though.

If the applicant doesn’t qualify for the disability exception and also fails the citizenship tests, regarding the issues with the exception form for medical disability a request for evidence must be issued by the USCIS officer. A second chance should be given to applicant to meet English and civics requirements within 60 to 90 days of the initial examination by rescheduling a re-examination by the USCIS office.

Re-examination Level

A request for evidence (REF) mentioning the deficiencies of the form must have been issued by the officer if an applicant’s disability exception form was found to be insufficient at the initial examination by an officer. The evidence which is submitted in response to the REF issued at the initial examination must be reviewed by the officer conducting the re-examination. If during the re-examination the applicant is submitting disability exception form for the first time the officer administering reexamination should review it and determine if its sufficient or not. If form is found sufficient the applicant should be exempted from educational requirements and using an interpreter the officer should proceed with the naturalization examination.

The officer should give another opportunity to the applicant to take the English and civics tests if the form is found to be insufficient by the officer. If in response to the REF the evidence submitted is found insufficient the officer should proceed with the reexamination in English and not consider the disability exception form submitted. Second opportunity to take any portion of the English and civics tests that applicant previously failed must be provided by the officer. No third opportunity to neither take the tests nor file exception form.

Based on the applicant’s failure to meet the educational requirements for naturalization and if he/she fails any portion of the test or declines to answer the test question during reexamination the officer must deny the naturalization application. Reasons for finding the medical exception form insufficient must be provided in detail in the denial notice by the officer.

Hearing on denial stage

Including a review on the disability exception forms submitted an officer may conduct during the hearing on the naturalization denial a full hearing from scratch on a denied naturalization application. Additional documents can be submitted for review at the hearing including a new disability exception form by an applicant at the hearing. So again Form N-648 is checked for sufficiency and if found insufficient retest on any portion of the test failed previously by the applicant should be done by officer.

Case of inconsistency and falsification

Questions about whether even the certifying medical profession examined the applicant may arise in some cases. If certifying medical profession did not examine the applicant of the form or if the naturalization applicant is different from the applicant on exception form the officer according to inconsistency and falsification found by the officer the disability exception form should be found insufficient. Such fraud cases should be referred to Fraud Detection and National Security (FDNS) by the officer after consultation with the supervisor. Such fraud findings should be explained in the denial notice by the officer.

Renew green card on time to be eligible for US citizenship.

US PRC gc

 

Under special provisions of the Immigration and Nationality Act (INA) on the basis of their marriage spouses of the United States citizens would be eligible for naturalization which includes overseas processing too. The general naturalization requirements have to be met by spouses of US citizens generally. Modifications to these requirements are provided though by the special provisions.

Following are those various provisions:

  1. Applicants who have resided in the United States for at least five years after becoming a lawful permanent resident (LPR) and are spouses of US citizens may naturalize under the general naturalization provisions. It’s also important to renew green card on time. In order to hold a valid green card applicants should opt to at least renewing your green card online.
  2. After residing in the United States for three years after becoming a lawful permanent resident rather than five years that’s generally required spouse of a US citizen may naturalize.
  3. Without residing the required period or any physical presence in the United States after becoming a lawful permanent resident spouse of a US citizen who is working abroad for the US government which also includes the armed forces or other entities which are qualified may become a citizen in the United States.
  4. For purposes of the general five year or three year provisions for spouses spouse of a US citizen serving abroad in the US armed forces may complete naturalization process abroad while staying with his/her spouse. In such cases time spent outside US is considered under residence and physical presence in the United States.
  5. After becoming a lawful permanent resident without any required period of residence or physical presence surviving spouse of a US citizen who dies during honorable service period in an active duty status in the US armed forces or who was granted posthumous citizenship may naturalize in United States.

On the basis of being battered or after being subjected to extreme cruelty by their US citizen spouse those who obtained lawful permanent resident status as spouses, former spouses or intended ones may additionally file for naturalization in US.

Information on background

Reflections of the legislation dated back to 1922 are the latest provisions for naturalization for the spouse of US citizens. Before naturalization the requirement for the spouse of a US citizen to wait for five years were considered inefficient and undesirable by the Congress. To include a period of three years of residence requirement an amendment was further made by Congress in 1934.Substantially similar to the 1922 and 1934 acts Congress incorporated provisions in 1940 into the Nationality act of 1940.

In order to facilitate the naturalization process for spouses of US citizens and to provide the spouses with the protections which US citizenship could afford is what is in today’s statutes and a reflection of the long standing aim of the Congress.

Aware of what to do if you lost your naturalization certificate in US?

What to do if you lost your naturalization certificate?

 

From United States Citizenship and Immigration Services (USCIS) applicants are eligible to receive a certificate documenting their US citizenship who either meet the eligibility requirements to derive or obtain citizenship or who become naturalized United States citizens. For issuance of a certificate the burden of proof to establish that he or she meets all of the relevant eligibility requirements is on the applicant. An official record issued to an applicant who has obtained citizenship at the time of birth or derived it after birth is the Certificate of Citizenship. To the applicant who is a naturalized US citizen the official record issued is the Certificate of Naturalization.

To minimize the unlawful distribution and falsified use of certificates USCIS guards the physical security of the certificates strictly. If you wonder what to do if you lost your naturalization certificate you could get it replaced filing Form N-565. Same is the case if you want to know how to get a duplicate US citizenship certificate from USCIS.

Who gets certificate?

To obtain from USCIS a Certificate of Citizenship or a Certificate of Naturalization generally a applicant should follow steps mentioned below:

  • Along with the supporting evidences appropriate form like Form N-400 should be filed.
  • If required applicant might have to appear for an interview before an officer.
  • As evidences by approval of the form by USCIS applicant should meet the relevant eligibility requirements and
  • Lastly if required take the Oath of Allegiance.

To administer during the oath ceremonies under administration of USCIS the Oath of Allegiance and to issue certificates authority has been delegated among the USCIS District Directors, Field Office Directors, and other acting USCIS officers on their behalf.

Information on legal authorities

Authority for naturalization and issuance of certificates is according to Immigration and Nationality Act (INA) Section 310(b) (4) title 8 of Code of Federal Regulations. INA Section 332 (e) title 8 of CFR regulates the Certificates of Citizenship and Naturalization issuance. INA Section 338 title 8 of CFR regulates the content and certificate of naturalization issuance. INA Section 340 (f) title 8 of CFR regulates after revocation of naturalization the cancellation of certificates. INA Section 341 title 8 of CFR is responsible for Citizenship certificates. Lastly the Immigration and Nationality Act (INA) Section 342 title 8 of CFR is responsible for cancellation of certificates, related documents and records administration.

When and how will certificate be issued?

After a person’s application is approved and has taken the Oath of Allegiance in presence of a designated USCIS officer if required generally the Certificate of citizenship is issued by USCIS. Before issuing it should be ensured that the Alien Registration Card (ARC) or Permanent Resident Card (PRC) has been surrendered which is an evidence for applicant’s lawful permanent residence. Requirement of surrendering the card may be waived off by USCIS if person proves that the card got destroyed or lost. After the approval of naturalization application the USCIS issues the certificate if USCIS waives for a person the oath requirement. If applicant is below 18 years of age USCIS issues the certificate in person or may also send by certified mail to the parent or guardian in such cases. For persons 18 years and above of age the certificate is given in person or to a guardian if applicable.

How long to become citizen in US also depends on Form N-648 review time.

physician

 

The disability exception form must be reviewed by the officer and this could increase the time period of how long to become a citizen in US by an applicant who filed Form N-400. The completeness, certification and if the form is signed should be determined.  Within 6 months after submission the form must be certified by a medical profession. For the duration of application processing time then the certified form is valid
until the applicant gains citizenship status
.

What on Form N-648?

Between the information which includes the applicant’s biographic data, during interview the testimony given and on the applicant’s A-file the information present and information provided on the form there should not be any discrepancies and this the officer should ensure. Also during review the officer should check form if it includes in full the information about original medical condition and also the casual connection with inability to comply with requirements by applicant.

By a predominance of the evidence in a way ‘more likely than not’ the applicant is eligible for the exception should be established by determining whether sufficient information is there in the form.

 Do-not while reviewing

A officer should not give his opinion on the ability of the applicant to comply with the English and civics requirements or in order to conclude the validity of the medical diagnosis assume responsibility or authority.

Just solely since the applicant asked for care from a professional who speaks same language, shares the same ethnicity, culture or either nationality officer should not refer an applicant to another medical professional. If previously it was not recorded in other medical examination or documents related to immigration officer cannot conclude that the applicant is not having the medical condition. If the form doesn’t discuss one particular activity the officer should not ask questions about the ability to complete that activity to an applicant.

Officer should not insist on specific medical, laboratory, clinical diagnostic techniques, methods or tests to be completed by applicant. In lieu of the diagnosis of the medical professional officer should not develop and substitute own diagnosis of the applicant’s medical condition. Diagnosed medical condition of the applicant should not be challenged by officer using questionnaires or tests.

While reviewing the form or during the examination unless facts directly contradict those in the A-file officer should not question about his/her medical care, community and civic affairs, job duties or activities in daily life to the applicant. In order to ask about whether for the medical professional’s diagnosis there was a proper basis the officer must not request to see medical record or medicine prescription of the applicant.  If cases where an applicant seeks an exception from only certain portions the officer should not infer the applicant’s ability to meet the terms with all portions of the English and civics requirements.

Completed Form N-648 details

All Form N-648s which are completed properly must consists of requested information including clinical diagnosis of the medical condition of the applicant and if applicable the DSM code, medical condition description based on which the disability exception is and by the medical professional the date on which the applicant was examined.  

Information whether the medical professional treats the applicant regularly for the stated conditions with indication of the doctor-patient relationship must be described. Also explanation of why instead of the medical professional who regularly treats he/she was certifying the disability form. Form should also state that for at least 12 months the medical condition has lasted or is expected to last. If illegal use of drugs resulted in the medical condition should be stated. If information is known about the cause of the medical condition should be explained.

In order to diagnose the medical condition the clinical methods used should be described in the form. In order to successfully complete the educational requirements for naturalization a description of the effect of the medical condition on the ability of an applicant should be added. Lastly if for the applicant’s examination if an interpreter was used by the medical professional should be stated in the Form N-648.

Authorized to file for disability exception for a US citizenship applicant?

doctor primary-health-care

 

In order to certify a disability exception form only licensed medical professionals are authorized by United States Citizenship and Immigration Services (USCIS) which includes medical doctors, osteopathy doctors and clinical psychologists. This exception form helps disabled applicants of US citizenship who are unable to meet the educational requirements. Applicants applying for American citizenship online also are eligible. In any state of the United States, Guam, Puerto Rico, Washington, D.C., the Commonwealth of the Northern Mariana Islands and the Virgin Islands these medical professionals should be licensed to practice.

What authorized medical professional does?

Following are the things a medical professional must do:

  • An in-person examination of the applicant must be conducted
  • On Form N-648 should properly explain the nature and extent of the medical condition
  • Applicant’s inability to comply with the English and civics requirements should be explained and also how it relates to his/her medical condition  
  • To show or prove that the medical condition has lasted or is expected to last at least 12 months attestation is required and 
  • Also to prove that illegal use of drugs is not reason for the cause of the medical condition attestation is required.

Using common terminology which a layman or a person who has no medical training can understand the medical professional must complete the disability exception form. Verification of the accuracy of the form’s content is the responsibility of the medical professional alone though a staff associated with the medical professional may assist in form completion. The supporting documents like the medical diagnostic reports and records must be attached to the form by the medical professional who certifies it. Written responses to each of the questions or item on the form must not be replaced by the attachments.

Points to remember by the officer

1. Review guidelines

To determine if the applicant is eligible for the exception an officer should review the disability exception form and decide if the applicant’s eligibility for the exception is sufficiently established by the form or not.

2. Completeness of Form to be checked

The disability form which is submitted must be checked for completeness by the officer and to make sure that all the required questions are answered by the medical professional and that along with the applicant he/she has certified the form. The officer should administer the English examination if all questions have not been answered or applicant or medical profession has not signed the form.

3. Medical Examination and Nexus

Focus should be on specific details provided by the medical professional if there is a nexus or casual connection between the applicant’s disability or impairment and his/her inability to express educational requirements for naturalization for the officer.

4. Interpreter Certification missing

On the disability exception form if the interpreter certification is not there the officer should confirm with the applicant if interpreter was used by medical professional during medical examination. Either the medical professional himself could have used native language during examination without or with interpreter.

5. Supplemental Disability Determination request

Supplementary disability determination should not be requested by officer generally and based on merits of original form evaluation should be done. In case from another medical professional supplementary disability determination form is requested the officer should explain reasons for doubting the authenticity of the information on the original form and also officer should consult and receive approval from his/her supervisor before requesting supplementary report. Also to facilitate the applicant’s ability to find another medical professional the relevant state medical board contact information should be provided to the applicant by the officer.

Aware of medical disability exception option from tests during process of becoming a citizen in US?

disabled immi law

 

Due to any physical, developmental disabilities or any kind of mental impairment for the applicants who are not able to meet the educational requirements in 1994 Congress had passed a legislation which provides an exception to educational requirements in the process of becoming a citizen in US.

For applicants filing US citizenship application who are unable to fulfill due to any physical, developmental disabilities or any kind of mental impairment which was ‘medically determinable’ that has or will last for at least 12 months the English and civics requirements will not apply. By acceptable clinical or laboratory techniques ‘medically determinable’ determination are made which is defined by regulations.

Who can file for medical exception?

His/her inability to express the educational requirements needed for naturalization must be displayed in such a way that the disability or impairment of the applicant affects the performance of the individual. In order to request for an exception to the educational requirements for naturalization illiteracy will not be acceptable as a valid reason. For any ‘medically determinable’ physical, developmental disabilities or any kind of mental impairment advanced age of and in itself is not a reason additionally.

As an attachment to the naturalization application Form N-648, medical certification for disability exceptions must be submitted by an applicant seeking an exception to the educational requirements. The form should be completed only by a licensed medical professional. The applicant’s medical condition which prevents him/her to meet the English or civics requirement or both of them should be certified by the medical professional.

Concurrent filing of both the naturalization application and the disability based exception form are not allowed by United States Citizenship and Immigration Services (USCIS) for certain circumstances. So during any part of the naturalization process which includes after filing of the application but before the first examination or while the first examination is happening accordingly applicant may file for disability exception. Also either during the reexamination that occurs after the first examination of the applicant was rescheduled or after denial of the naturalization application when rehearing will take place the disability exception application may be filed by the applicant.

Difference between accommodation and medical exception

To the naturalization examination process request for exception is different from requesting an exception to the English and civics requirements. From the educational requirements complete exemption is given by an exception to the English and civics requirements. On the other hand to the manner in which an applicant meets the educational requirements are simply modified by an accommodation. From the educational requirements complete exemption is not given to the applicant.

Provision for sign language interpreters, extension to the time for testing and testing at an offsite location are some of the reasonable accommodations included.  Even with reasonable accommodations applicant should show that his/her medical condition prevents him/her from meeting the English and civics requirements in order to be eligible for a disability exception. Form N-648 must be in such cases for medical exception from educational requirements required for naturalization in US.

How long to become citizen depends on knowledge of US history too.

citizen civics test

 

The civics of the United States which includes the fundamentals of the history, form of government and its principles must be known by an applicant filing for naturalization. Time period of how long to become citizen by applicant is also decided based on how fast applicant gains knowledge of US government. Applicants should pass the civics portion of the citizenship test. When applying for American citizenship online also these tests are conducted. As last part before naturalization tests for English and civics requirements are conducted by an immigration officer.

What is civics test?

In the standardized test administered by an officer out of the ten questions asked orally the applicant should answer at least six of them correct to prove the civics knowledge sufficiently. The officer stops the tests once the applicant is able to answer six of the ten questions asked correctly.  

If applicant provides exact correct or an alternative phrasing of the answer for six of the ten questions asked an applicant passes the civics test.  An incorrect answer or failure to respond correctly to at least six of the ten questions asked from the standardized test form results in applicant failing the civics test.

Am I eligible for exemption?

After admission to US as a lawful permanent resident for at least 20 years of time period to applicant who is 65 years and above of age old officer gives special consideration. At the time of filing the application for US citizenship the age and time requirements must be met. When administering the civics tests to such applicants questions from the three “65/20” test forms are only asked by the officer. From the usual list of 100 questions these test forms only contain 20 specially designated civics questions.

Considerations for test

In choosing the subject, question phrasing and while responses are evaluated the officer administering the civics test must give due consideration depending on each case. Depending on the applicant’s age, background, education level and total time period of residence in the United States the evaluation of civics test should be decided. Also in order obtain the knowledge required the opportunities available and efforts made should be considered. To the applicant’s knowledge and understanding any other related relevant factors is also considered.

Civics and English requirements

Failing in all tests or either English portion or civics portion of the tests after the initial examination results in USCIS scheduling a retest for the applicant. Within 60 to 90 days from the initial examination the retest is conducted. Same forms administered during the initial examination for the English or civics tests should not be administered again by the officer in cases where the applicant is appearing for reexamination. Only in the areas where the applicant failed previously the officer must retest. The officer must only administer the English writing test during the re-examination if, for example, the applicant during the initial examination passed the English speaking, reading, and civics portions but failed the writing portion only.

Officer must deny the application based upon the applicant’s failure to meet the educational requirements for naturalization if an applicant fails any portion of the naturalization test a second time. In the denial notice any other areas of ineligibility also must be mentioned by the officer. If the applicant refuses to take a test or to reply to any of the questions asked an officer should treat it as a failure of the test.

Test results documentation

In the applicant’s A file the test results must be recorded by all the officers administering the English and civics tests. At the end of the naturalization examination officers are required to complete and provide to each applicant the results of the examination and testing except when  a denial notice is given to an applicant at the time by the officer. The results of the English and civics tests are included in the results.