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.

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Know in detail about English test taken after filing US citizenship application.

English class

 

Ability to read, write, speak and understanding of English words used ordinarily must be demonstrated by an applicant filing US citizenship application. Understandable and relevant communication by using simple terminology and grammar is what is considered as ordinary usage. So this may include pronouncing, constructing, understanding and spelling errors while completing certain words, phrases and sentences which are noticeable.

The English requirement to gain citizenship status may still be met though an applicant may ask for words to be repeated or rephrased and also make some errors in pronunciation, spelling, and grammar. Unless the officer is satisfied whether the applicant fully understands the question being asked or if he/she is having a problem understanding the English language itself an officer should repeat and rephrase questions.

Test to check speaking ability

During the naturalization examination based on the ability of the applicant to respond to the questions asked normally, an officer determines an applicant’s ability to speak and understand English.  Related to the eligibility for naturalization and about questions available on the citizenship application questions are asked by the officer.  Unless the officer is satisfied in knowing whether the applicant fully understands the question being asked or if he/she is having a problem understanding the English language itself an officer should repeat and rephrase questions.

Communication in English is expected from an applicant about the naturalization application and also eligibility for naturalization if he/she does not qualify for a waiver of the English requirement. Each and every phrase or word on the application is not required to be understood by the applicant.

The ability to speak English is demonstrated sufficiently if the applicant generally understands and responds meaningfully to questions applicable to his or her naturalization eligibility.  If applicant is not able to speak English sufficient to understand and take the oath or answer questions on his/her application the applicant fails the speaking test. Rest of the naturalization test portions which include the reading, writing and civics portions must still be administered by the officer next.

The applicant should have an interpreter present in such cases to make them clearly understand the cost of withdrawing the naturalization application and an officer cannot suggest or allow a withdrawal of application from an applicant who cannot speak English.

Ability to reading English

Out of three sentences applicant must be able to read at least one in order to prove English reading ability sufficiently.  The reading test is automatically by the officer once one sentence is read correctly by the applicant.

In a manner that the applicant is able to communicate the meaning of the sentence without long pauses and also which the officer is able to understand if one of the three sentences are read by applicant then he/she passes the reading test. It’s okay for applicant to generally omit short words making errors in pronouncing or intonation of words without affecting the meaning but should read all content words of at least one sentence.

If unable to read at least one sentence successfully the applicant fails the reading test. The applicant should also not omit one content word also or substitute another word instead. Reading sentence after long period of pauses and in such a way that the officer doesn’t understand the sentence including making errors like in pronouncing or word modulation also results in failure of English reading test.

Testing English writing ability

Applicant must write at least one sentence out of the three sentences in such a manner that the officer understands it to prove English writing ability sufficiently. Using the standardized forms of a writing test the sentence is dictated to the applicant by the officer. None of the words should be abbreviated by applicant. The officer should stop the writing test once the applicant is able to write at least one of the three sentences in such manner that the officer understands it.

Spelling, punctuation or capitalization errors made do not result in writing test failure of the applicant. But if the officer is not able to understand the sentence and the errors done affects the meaning of the sentence then the applicant fails the writing test.

If meaning of one of the three sentences is communicated by the applicant to the officer he/she passes the writing test. The sentence may have few grammatical or capitalization or spelling errors. Also short words which do not change the meaning of the sentence may be omitted and numbers can either be written as digits or spelled out.

In a way that the meaning of the sentence is not conveyed and the officer is not able to understand the sentence if applicant writes then he/she fails the test. If the sentence written is different with other words, words written in abbreviated form, with just one or two isolated words and if fully scribbled then in the writing test the applicant fails.

Overview on educational requirements to obtain citizenship status in US.

USC requirement

 

Understanding of the English language which includes ability to read, speak and write the words used ordinarily must be shown by applicants filing for citizenship status in US
generally
. Also civics, the knowledge and good understanding of the fundamentals of the history and principles and form of the US government must be also demonstrated by applicants. English and civics are the requirements for naturalization. This applies for persons applying for American citizenship online also.

To the English requirements the applicant may be eligible for an exception if the applicant is of a certain age and for a good certain period of time applicant has been a lawful permanent resident. From both the English and civics requirements additionally certain applicants having physical or any developmental disability or any mental illness may be eligible.

Character requirement

Good moral character (GMC) is one of the requirements for naturalization. Important to show that the applicant has previously been and will continue to be a person of good moral character for naturalization. During the five year time period prior to filing the naturalization application and up to the time of the Oath of Allegiance generally the applicant must show GMC. Also prior to the five-year period whether the applicant meets the conduct requirement also may impact naturalization.

To naturalize prior to 1906 requirements like English knowledge, civics, history or understanding of the constitution principles were all not required. The applicant would become a US citizen if the court decides that he/she was a law abiding and productive person with good moral character. Unless an applicant understood provisions of the constitution it was found way back in 1908 by former Immigration Service and the Courts that proof to show attachment to the constitution which is required for naturalization was not possible to be ascertained.

Customizing language test

Amendments which included the English language requirement and based on age and residence some exemptions were made by Congress in 1940. This also included a provision in which based on understanding of their constitutional principles questioning the applicants were allowed.

Applicants who were not able to meet the educational requirements for naturalization because of a medical disability were in 1994 provided an exception by a legislation enacted by Congress. Based on age and residence Congress also amended the exceptions to the English requirement that are current today. United States citizenship and immigration services (USCIS) had redesigned the English and civics test on October 1, 2008.USCIS ensured with this redesigned test, that testing experience for all applicants were the same and opportunity to demonstrate their understanding of English and civics were provided equally.

Legal authority details

For educational requirements for naturalization in the Immigration and Nationality Act Part 312 Title 8 of the Code of Federal Regulations (INA 312; 8 CFR 312) details were given. And for the general requirements for naturalization the Immigration and Nationality Act Part 316 Title 8 of the Code of Federal Regulations (INA 316; 8 CFR 316) lists the details.

File Form N-426 to obtain citizenship status in US!

Form N-426 USCIS

 

For lack of attachment to the US constitution and constructive temperament to the good order of the US generally by law disallows from naturalization those who are plan evaders and absconders from the US armed forces during wartime. Naturalization will be disqualified for those who have been convicted for a military abandonment or a disappearance from the United States to avoid a military plan by a court martial or a court of knowledgeable jurisdiction. From the applicant’s acknowledgment during the naturalization examination or interview, security checks, and from the Form N-426, Request for Certification of Military or Naval Service such information may be obtained by USCIS.

By court martial or court of experienced jurisdiction if an applicant is not convicted though he/she has admitted to have deserted during wartime may still be eligible for citizenship status in United States. So without a final conviction he/she may be listed as a deserter according to their military records. How long to become citizen for such applicants also will be decided.

Association with certain organizations

During the interview on the naturalization application filed by an applicant the officer will review his/her record and testimony to determine whether he or she was ever a member of or in any way either directly or indirectly associated with:

  • Communist Party;
  • Similar autocratic party or
  • Organization involved in terrorist activities.

Lack of attachment to the constitution may be indicated by the current and previous memberships in such organizations. Not being well inclined to the good order and happiness of the United States is also indicated by such an applicant. Issues of good moral character, lawful admission, or applicant may even be rendered deport-able if they hold memberships in such organizations.

Among all other naturalization requirements like being 18 years or older of age with green card and minimum 5 years of continuous presence in US responsibility lies on the applicant to prove that he or she has an attachment to the Constitution. Also an applicant should also prove to be well inclined to the good order and happiness of the United States. Burden of proof will be considered not met if the applicant refuses to give evidence or submit related documents proving his/her membership in such organizations. At the end of removal proceedings even if such an applicant has not been removed USCIS will deny his/her naturalization application based on such grounds.

So it’s important for such war evaders to make sure they are not convicted by court martial in order to be eligible for citizenship in United States. There could be various genuine and serious reasons behind such acts. It’s very important to note that USCIS does consider such cases and does process the naturalization application of such applicants who are not convicted. Making sure to have the required papers and documents is very important to prove their case. So persons who have worked with United States army should file Form N-426 and get the necessary certificates before filing for citizenship in US.

Filing early to gain citizenship status in US is allowed.

90 days USC

 

With the state or service district which has jurisdiction over the place of residence of the applicant he/she should file application in order to gain citizenship status in US generally. Prior to filing for at least three months the applicant should have resided in that location. Applicants may also make use of the applying for American citizenship online option available. The geographical area over which the USCIS office has jurisdiction is referred to as “Service district”. And the District of Columbia, the Virgin Islands of the United States, Guam, Puerto Rico the Commonwealth of the Northern Mariana Islands are included in the term “State”.

Within the state where the applicant resides the Service District that has jurisdiction over an applicant’s application may or may not be located. Over more than one State some Service Districts may additionally have jurisdiction and more than one USCIS office are present in most States. The applicant is required to report the change of address after filing the naturalization application to USCIS in cases where an applicant changes or plans to change his or her residence. This helps in transferring the applicant’s A-file along with application to the appropriate office having jurisdiction over the applicant’s new place of residence.

What is place of residence?

The applicant’s primary, actual place of abode of the applicant with no regards to the intent is referred as “residence”.  From the moment the applicant first establishes residence in that location the duration of an applicant’s residence in a particular location is measured.

Provision for early filing

In Immigration and Nationality Act part 334 (INA 334) a 90-Day Early Filing Provision is available. Before he or she would first meet the required 5-year period of continuous residence as an lawful permanent resident (LPR) under the general naturalization provision an applicant may file his or her application up to 90 days before.  Until the applicant reaches the required five-year period of continuous residence as an LPR the applicant is not eligible for naturalization though an applicant may file early according to the 90 day early filing provision.

By counting back 90 days from the day before the applicant would have first satisfied the continuous residence requirement for naturalization USCIS calculates the early filing period. For example, USCIS will begin to calculate the 90-day early filing period from June 9, 2010 if the applicant would satisfy the five-year continuous residence requirement for the first time on June 10, 2010. In such a case, the earliest that the applicant is allowed to file would be March 12, 2010 that is 90 calendar days earlier.

Immediately preceding the examination on the application based on the three-month period the jurisdiction for filing will be in cases where within the required five-year period of continuous residence an applicant has filed early and the required three month period of residence in a State or Service District falls.

Expedited processing for application of SSI beneficiaries

Naturalization applications filed by applicants will be expedited by USCIS if by the Social Security Administration (SSA) their Supplemental Security Income (SSI) will be terminated within one year or less and for four months or more from the date of receipt by USCIS whose naturalization application have been pending. All eligibility requirements for naturalization should be met by each applicant still at the time of filing though USCIS will prioritize processing of these applications.

Either through an INFO PASS appointment or US postal mail or any courier service USCIS must be informed about approaching termination of benefits by applicants. They should do so by providing an explanation in the form of cover sheet or letter that within one year or less their SSI benefits would be terminated and also that from the date of receipt by USCIS the application for naturalization has been pending for four months or more. Indicating the termination of the SSI benefits, copy of the applicant’s most recent SSA letter with the USCIS alien number written the top right, should be provided.

USCIS helps special US citizenship applicants!

USC in US

USCIS provides many types of accommodations to disabled applicants who file for US citizenship Normally the accommodation relates to the naturalization interview, naturalization test or the Oath of allegiance. Important to remember that all applicants, normal or with type of disabilities, should meet all requirements that decide their eligibility for naturalization. Including any pre- examination procedures to any aspect of the naturalization process each accommodation may apply as required. Some applicants may need one while others as recognized by USCIS may require more than one accommodation.

Online information to get to know the citizenship status is also available with USCIS. For applicants with disabilities the field offices are able to provide accommodations during the naturalization examination.

1.      Additional examination time and breaks

For applicants with disabilities who have requested for this accommodation type an USCIS officer may provide additional time for the examination and allow breaks if necessary since USCIS is aware that more than the regularly scheduled time some applicants require more time.

2.      Accommodations applicants with hearing problems

As per the applicant’s request the field office should provide applicants who are deaf or hard of hearing an English sign language interpreter in case the applicant doesn’t choose to bring one on her/his own. Any communication aids which are available for the deaf or the hard of hearing applicants should be used by the officer and if required in writing applicant should be allowed to answer officer’s questions.

3.      Assistance during examination and form signing by relatives

With the applicant to attend the examination officers may allow a family member or legal guardian in cases where an applicant is disabled. During the examination this may help the applicant to remain calm and approachable. The officer may remove the person at any time from the examination if his/her presence is causing some trouble to the examination. If applicant is not able to proceed at that time the officer reschedules examination. If applicant is unable to sign on the naturalization application or any document applicant can make a mark. For attesting on a naturalization application a family member can assist applicant to sign, make a mark or initial. No one except for the applicant should sign the naturalization application.

4.      Presence of designated representative or legal Guardian during examinations 

In person all applicants need to appear currently and statement should be given as to their naturalization eligibility under oath. Due to any physical, mental or developmental disabilities when an applicant is unable to undergo an examination a legal guardian, substitute, or an eligible nominated representative completes the naturalization process for the applicant. Accommodation like off-site examination along with oath waiver is provided additionally if required.

Order of priority by which USCIS will recognize one designated representative is first preference for Legal guardian or substitute (highest priority), then the spouse who is US citizen, next parent who is US citizen, next adult son or daughter who is US citizen and lastly adult brother or sister who is US citizen with the least priority provided they have documents in support as proof like Administration documents, affidavits or evidence of U.S. citizenship.

5.      Nonverbal Communication is allowed

During the naturalization examination blinking, shaking or nodding of head, tapping, or other effective forms of nonverbal communication may be accepted by an officer as nonverbal communication. The applicant must also be allowed to point to answers on the application and also be allowed to write down answers to civics test questions if applicant cannot verbally say it. The form of communication should be agreed upon prior to the start of the naturalization examination by the officer, the applicant, and also the applicant’s representative if required.

6.      Examination done off-site

At the applicant’s residence, nursing home, any hospital or a center for senior citizens whichever is appropriate an officer may conduct a naturalization examination. When it’s inappropriate for an applicant to appear in person at a field office because of medical illness or disability this applies.

USCIS accommodates disabled applicants also for US citizenship.

USC accomodation

To the naturalization process modifications are made by USCIS in order to house US citizenship applicants with disabilities. For the successful completion of the naturalization process USCIS aims to provide equal opportunities to applicants with disabilities. Without making any type of major modification because of which there would a fundamental change in the naturalization process or cause undue burden to the agency USCIS would make every effort and make adjustments for naturalization applicant with disabilities. Also such applicants could check citizenship status sitting at home online.

USCIS and applicants with disabilities

As adjustments vary pertaining to the applicant’s disability and it nature on a case by case basis USCIS evaluates the disability adjustment requests accordingly. To requests of the person with a disability USCIS gives the primary consideration while determining what type of accommodation is necessary.

Wherever appropriate the unique needs of the applicant are addressed when USCIS provides requested accommodation or an effective option to the applicants with disabilities.

At the time of filing the naturalization application or at any other time during the naturalization process accommodation may be requested by the applicants.

Programs for disabled

In the administration of the programs and benefits of the all federal agencies its mandatory to provide reasonable adjustments to the persons with disabilities according to the Rehabilitation Act. From its programs or activities thus based on their disability USCIS does not exclude persons with disabilities. To have an equal opportunity to participate in the USCIS programs, including the naturalization process, they are provided with accommodations by USCIS in order to help applicants with any type of disabilities. Therefore the Rehabilitation Act and the implemented Department of Homeland Security (DHS) regulations are met by USCIS.

How do accommodations and waivers differ?

From the legislative waivers or exceptions the accommodations are different. The applicant is excused from meeting that educational requirement, for example, if an officer grants a waiver from the educational requirements in the naturalization process.

For an applicant with any kind of disability to take part in the naturalization process the modification done to an existing practice or procedure is what is referred to by an accommodation.

No excuse from the responsibilities to be able to satisfy all the applicable requirements for naturalization is provided by the accommodation though to the applicants with disabilities.  Just a modification to the way any applicant would prove his/her ability to be meeting the requirements is what the accommodation is all about.

Information on legal acts for naturalization

The following acts and rules are implemented during the naturalization process especially for the disabled applicants.

  • According to the section 504 of the 1973 Rehabilitation act all applicants must be ensured to get an equal opportunity to federal programs.
  • Under any federal grants and programs no discrimination should be done among applicants according to United States Code Title 29 Section 794.
  • For persons who access Department of Homeland Security programs or activities based on their disability no discrimination is allowed according to federal regulations of DHS according to Code of Federal Regulations – Title 6 part15.
  • For applicants who are sick or with disabilities examination and off site visits are allowed according to Code of Federal Regulations -Title 8 part 334.4 (8 CFR 334.4).

US citizenship status check available online.

pledge-of-allegiance1

 

After US citizenship application is filed and once it is approved the applicant becomes a US citizen following other formalities. For one reason or other there is a delay in processing of the application or its denial. Unless the naturalization certificate is received the citizenship status is unpredictable in some cases. Possibility of a US citizen losing the status because of a marriage fraud or any other reason also happens. Sometimes an application could be approved after initial examination but before the administration of oath of allegiance there is possibility of the application being reopened and denied also. The option of applying for American citizenship online also could have been used.

What motion to reopen means?

A previously approved naturalization application could be reopened by a motion executed by an officer if offensive information about the applicant is received or USCIS gets to know prior to the Oath of Allegiance administration but after application is approved. Also without any valid reason for at least two Oaths of allegiance ceremonies the applicant fails to appear.

Through the motion to reopen notification is sent to the applicant after information her/him about the offensive information received or for not appearing for more than two ceremonies of Oath of Allegiance administration. To prevail over the offensive information received or to explain a valid reason for not appearing at the Oath ceremony and in response to the motion to reopen the applicant is given only 15 days time.

The officer will deny the motion to reopen the case and schedule an Oath of Allegiance ceremony in which applicant could appear if applicant explains her/himself about the derogatory information and hence qualifies for naturalization. The motion to reopen is granted by officer and based on its qualities application is denied if the applicant fails to prevail over the derogatory information.

If USCIS has received or gets to know about offensive information about an applicant administration of Oath of allegiance should not be scheduled by them. Once the matter is resolved in favor of applicant only then USCIS must not administer the Oath of Allegiance to the applicant.

Intention to be naturalized is abandoned if to at least two ceremonies to administer the Oath of allegiance the applicant fails to appear without providing a valid reason of good cause. In par with the receipt of offensive information USCIS will consider the failure to appear though the naturalization application is already approved.

Can open administratively closed application?

From the date the naturalization application was closed administratively within a period of one year by submitting a written request to USCIS the applicant may request to reopen it. No additional fees are required to be paid by the applicant in such cases. The date the request to reopen the naturalization application is received by USCIS from the applicant is considered as the date of filing the naturalization application in order to determine the naturalization eligibility. For both approval and denial of the motion to reopen the naturalization application the applicant is sent a notice by USCIS.

What happens to US citizenship application after filing?

FBI

 

The ‘A-file’ of the applicant should be reviewed by the USCIS officer who is designated to conduct the naturalization interview. The US citizenship application should also be reviewed. The records of the interaction the applicant had with the USCIS, legacy INS, and also other organizations under the US government with which the applicant must have had dealings significant to his or her immigration record are included in the A-file. During the naturalization interview the officer deals with all relevant issues. After filing there is also option to check citizenship status online.

What A-file contains?

Along with the applicant’s US citizenship application the applicant’s A-file may include the following information:

  • As proof documents which illustrate how the applicant became permanent resident;
  • Applicant submitted other applications or forms for immigration benefits;
  • Between USCIS and the applicant whatever communication posts or mails;
  • Important communication letters and forms from officers important to the applicant’s eligibility;
  • From DHS or any other agencies resources such as any criminal records, and investigative reports and enforcement actions and correspondence from other agencies.

Authority on Application

At the time of US citizenship application filing the USCIS office having jurisdiction over the applicant’s residence has the responsibility for its processing and also to deliver judgment in most cases. In case after filing the naturalization application the applicant moves to a different location an officer should review whether the jurisdiction of a case has changed. Whenever appropriate the USCIS office must transfer the application to the appropriate office with jurisdiction. As a battered spouse of a U.S. citizen or as a child an applicant for naturalization for safety purposes may use a different address which does not affect the jurisdiction requirements.

The officer may complete the interview and then forward the applicant’s A-file with the pending application to the office having jurisdiction in cases where an officer gets to know of a change in jurisdiction only during the naturalization interview. Also the applicant should be informed that the application’s jurisdiction has changed by the officer. From the current office with jurisdiction the applicant will receive a new appointment notice.

Background and Security Checks results

On the applicant who has filed the US citizenship application an officer should ensure that all of the appropriate background and security checks has been conducted. As part of the record the results of the background and security checks should be included.

Other record documents

  • To accommodate applicant with disability based exceptions the examination process of naturalization is modified by USCIS. The application is reviewed by the officer for any accommodation request or any oath waiver request or for a exception based on a medical disability from the instructive requirements for naturalization.
  • Also check is made to see if an order to show cause, order to remove or any previous notice to appear exists for an applicant by the officer. For this the applicant’s record and databases related to find out if any removal proceeding currently or previously exists and if any decision to remove applicant from US is present. The applicant’s record would have information if he/she is in removal proceedings, has a Notice to Appear or has been previously issued “Order to Show Cause”. For an applicant who is in between a removal proceeding USCIS will not be able to make a decision on his/her naturalization application.

From a immigration judge if the applicant has already received a final order of removal the officer should deny the naturalization application, but:

  • With proper documentation and approval is the applicant has reentered US though was removed from the United States earlier.
  • Under the special military provisions for naturalization the applicant is filing US citizenship application.

Looking for US citizenship application processing details?

FBI

 

To determine whether an applicant meets all applicable eligibility requirements to become a U.S. citizen USCIS conducts an investigation and examination of all naturalization applicants who file US citizenship application. After filing the option to check citizenship status online is available.

All factors relating to the applicant’s eligibility are covered by the investigation and examination process and include the following:

  • Security and criminal background check completion
  • Applicant’s complete immigration record is reviewed
  • With oral and written testimony in-person interviews
  • English and civics requirements are  tested
  • Disability exception qualification

To conduct the investigation and examination the USCIS officers have full authority. The legal authority for certain officers to administer the Oath of Allegiance and to obtain oral and written testimony during an in-person interview also included under their authority. They also have authority to ask a person to appear in court to give evidence as witness and also request evidence for details about say physical presence in US.

By a predominance of the evidence the applicant has the burden of establishing eligibility throughout the examination. To make a decision on the application the officer must decide any pending issues and obtain all of the necessary information and evidence. For the integrity of the naturalization process uniformity in decision-making and application processing is vital. USCIS’s goal to ensure that the relevant laws and regulations are applied accurately to each case is enhanced with consistency in the decision-making process.

More on background and eligibility checks

The petitioner, now applicant, for naturalization required a complete examination and questioning under oath beginning in 1906. And also his or her witnesses at the final hearing for naturalization in court. In 1940 congress amended the law to include English language requirements and get check their understanding of the principles of the Constitution a provision for questioning applicants.

To determine their eligibility for naturalization today USCIS conducts an investigation and examination of all applicants for naturalization. The eligibility criteria includes lawful admission of the applicant for permanent residence, ability to ascertain good moral character, understanding and attachment to the Constitution, residence and physical presence in the United States, and the English and civics requirements for naturalization through two tests.

After he or she completed filing for naturalization USCIS conducts an investigation of the applicant. Certain criminal background and security checks are also part of the investigation carried out. Collecting fingerprints of applicants and requesting a “name check” from the Federal Bureau of Investigations (FBI) are part of the background and security checks. On all applicants for naturalization, in addition, USCIS also conducts other inter-agency criminal background and security checks. In order to double check details and ensure the data in the application is true the background and security checks are a must do to most applicants. Before the applicant is scheduled for his or her naturalization interview it’s very important that it must be conducted and completed to fully ascertain the details in order to ensure that the right person is chosen to be the US citizen.