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119th Congress

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119th Congress

Title 8 — Aliens and Nationality

Part II · Chapter 12 — Immigration and Nationality

§ 1446. Investigation of applicants; examination of applications

Statutory text

(a)

Waiver

Before a person may be naturalized, an employee of the Service, or of the United States designated by the Attorney General, shall conduct a personal investigation of the person applying for naturalization in the vicinity or vicinities in which such person has maintained his actual place of abode and in the vicinity or vicinities in which such person has been employed or has engaged in business or work for at least five years immediately preceding the filing of his application for naturalization. The Attorney General may, in his discretion, waive a personal investigation in an individual case or in such cases or classes of cases as may be designated by him.

(b)

Conduct of examinations; authority of designees; record

The Attorney General shall designate employees of the Service to conduct examinations upon applications for naturalization. For such purposes any such employee so designated is authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any applicant for naturalization, to administer oaths, including the oath of the applicant for naturalization, and to require by subpena the attendance and testimony of witnesses, including applicant, before such employee so designated and the production of relevant books, papers, and documents, and to that end may invoke the aid of any district court of the United States; and any such court may, in the event of neglect or refusal to respond to a subpena issued by any such employee so designated or refusal to testify before such employee so designated issue an order requiring such person to appear before such employee so designated, produce relevant books, papers, and documents if demanded, and testify; and any failure to obey such order of the court may be punished by the court as a contempt thereof. The record of the examination authorized by this subsection shall be admissible as evidence in any hearing conducted by an immigration officer under section 1447(a) of this title. Any such employee shall, at the examination, inform the applicant of the remedies available to the applicant under section 1447 of this title.

(c)

Transmittal of record of examination

The record of the examination upon any application for naturalization may, in the discretion of the Attorney General be transmitted to the Attorney General and the determination with respect thereto of the employee designated to conduct such examination shall when made also be transmitted to the Attorney General.

(d)

Determination to grant or deny application

The employee designated to conduct any such examination shall make a determination as to whether the application should be granted or denied, with reasons therefor.

(e)

Withdrawal of application

After an application for naturalization has been filed with the Attorney General, the applicant shall not be permitted to withdraw his application, except with the consent of the Attorney General. In cases where the Attorney General does not consent to the withdrawal of the application, the application shall be determined on its merits and a final order determination made accordingly. In cases where the applicant fails to prosecute his application, the application shall be decided on the merits unless the Attorney General dismisses it for lack of prosecution.

(f)

Transfer of application

An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 82–477 · 66 Stat. 609

    Enacted · 8 U.S.C. § 1446

    June 27, 1952, ch. 477, title III, ch. 2, § 335, 66 Stat. 255

    Source evidence

    Code source credit
    June 27, 1952, ch. 477, title III, ch. 2, § 335, 66 Stat. 255

  2. Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 15(c)(1) · 95 Stat. 1611

    Struck · 8 U.S.C. § 1446(b)

    Pub. L. 97–116, § 15(c)(1), struck out “and the oaths of petitioner’s witnesses to the petition for naturalization” after “oath of the petitioner for naturalization”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–116, § 15(c)(1), struck out “and the oaths of petitioner’s witnesses to the petition for naturalization” after “oath of the petitioner for naturalization”.

    Enacted provision · exact public law section
    (1) by striking out “and the oaths of petitioner’s witnesses to the petition for naturalization” in the second sentence of subsection (b);

  3. Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 15(c)(2) · 95 Stat. 1611

    1. Redesignated · 8 U.S.C. § 1446(f)

      Pub. L. 97–116, § 15(c)(2), (3), redesignated subsec. (i) as (f)

    2. Struck · 8 U.S.C. § 1446(f)

      Pub. L. 97–116, § 15(c)(2), (3), struck out former subsec. (f) which required affidavits of at least two credible witnesses, citizens of the United States, concerning the residency and the good moral character, etc., of the petitioner

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 97–116, § 15(c)(2), (3), redesignated subsec. (i) as (f) and struck out former subsec. (f) which required affidavits of at least two credible witnesses, citizens of the United States, concerning the residency and the good moral character, etc., of the petitioner.

    Enacted provision · exact public law section
    (2) by striking out subsections (f), (g), and (h); and

  4. Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 15(c)(2) · 95 Stat. 1611

    Struck · 8 U.S.C. § 1446(g)

    Pub. L. 97–116, § 15(c)(2), struck out subsec. (g) which related to proof of residence at the hearing on the petition

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 97–116, § 15(c)(2), struck out subsec. (g) which related to proof of residence at the hearing on the petition.

    Enacted provision · exact public law section
    (2) by striking out subsections (f), (g), and (h); and

  5. Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 15(c)(2) · 95 Stat. 1611

    Struck · 8 U.S.C. § 1446(h)

    Pub. L. 97–116, § 15(c)(2), struck out subsec. (h) which related to satisfactory evidence as to good moral character, etc., at the hearing on the petition

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 97–116, § 15(c)(2), struck out subsec. (h) which related to satisfactory evidence as to good moral character, etc., at the hearing on the petition.

    Enacted provision · exact public law section
    (2) by striking out subsections (f), (g), and (h); and

  6. Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 15(c)(3) · 95 Stat. 1611

    Redesignated · 8 U.S.C. § 1446(i)

    Pub. L. 97–116, § 15(c)(3), redesignated subsec. (i) as (f)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 97–116, § 15(c)(3), redesignated subsec. (i) as (f).

    Enacted provision · exact public law section
    (3) by redesignating subsection (i) as subsection (f).

  7. Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 9(aa) · 102 Stat. 2609

    Substituted · 8 U.S.C. § 1446(d)

    Pub. L. 100–525, § 9(aa), substituted “approves” for “approve” in fourth sentence

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–525, § 9(aa), substituted “approves” for “approve” in fourth sentence.

    Enacted provision · exact public law section
    (aa) Section 335(d) of such Act (8 U.S.C. 1446(d)) is amended by striking “approve” in the fourth sentence and inserting “approves”.

  8. Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 9(bb) · 102 Stat. 2609

    Struck · 8 U.S.C. § 1446(f)(2)

    Pub. L. 100–525, § 9(bb), struck out before period at end “, except that the court to which the petition is transferred may in its discretion, require the production of two credible United States citizen witnesses to testify as to the petitioner’s qualifications for naturalization since the date of such transfer”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 100–525, § 9(bb), struck out before period at end “, except that the court to which the petition is transferred may in its discretion, require the production of two credible United States citizen witnesses to testify as to the petitioner’s qualifications for naturalization since the date of such transfer”.

    Enacted provision · exact public law section
    (bb) Section 335(f)(2) of such Act (8 U.S.C. 1446(f)(2)) is amended by striking “, except that” and all that follows through “date of such transfer”.

  9. Immigration Act of 1990

    Pub. L. 101–649 § 407(d)(13)(A) · 104 Stat. 4978

    Substituted · 8 U.S.C. § 1446

    Pub. L. 101–649, § 407(d)(13)(A), substituted “Investigation of applicants; examination of applications” for “Investigation of petitioners” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 101–649, § 407(d)(13)(A), substituted “Investigation of applicants; examination of applications” for “Investigation of petitioners” in section catchline.

    Enacted provision · exact public law section
    (A) by amending the heading to read as follows:

    Effective date note
    Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration 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.

  10. Immigration Act of 1990

    Pub. L. 101–649 § 407(c)(16) · 104 Stat. 4978

    1. Substituted · 8 U.S.C. § 1446(a)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(B), substituted “Before a person may be naturalized” for “At any time prior to the holding of the final hearing on a petition for naturalization provided for by section 1447(a) of this title”

    2. Substituted · 8 U.S.C. § 1446(a)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(B), substituted “applying” for “petitioning”

    3. Substituted · 8 U.S.C. § 1446(a)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(B), substituted “application” for “petition”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–649, § 407(c)(16), (d)(13)(B), substituted “Before a person may be naturalized” for “At any time prior to the holding of the final hearing on a petition for naturalization provided for by section 1447(a) of this title”, “applying” for “petitioning”, and “application” for “petition”.

    Enacted provision · exact public law section
    (16) Section 335 (8 U.S.C. 1446).

    Effective date note
    Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration 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.

  11. Immigration Act of 1990

    Pub. L. 101–649 § 407(c)(16) · 104 Stat. 4978

    1. Substituted · 8 U.S.C. § 1446(b)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(C), substituted “applications” for “petitions” wherever appearing

    2. Substituted · 8 U.S.C. § 1446(b)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(C), substituted “applicant” for “petitioner” wherever appearing

    3. Struck · 8 U.S.C. § 1446(b)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(C), struck out “preliminary” before “examinations” and before “examination”

    4. Struck · 8 U.S.C. § 1446(b)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(C), struck out “to any naturalization court and to make recommendations thereon to such court” before period at end of first sentence

    5. Substituted · 8 U.S.C. § 1446(b)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(C), substituted “any District Court of the United States” for “any court exercising naturalization jurisdiction as specified in section 1421 of this title”

    6. Substituted · 8 U.S.C. § 1446(b)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(C), substituted “hearing conducted by an immigration officer under section 1447(a) of this title” for “final hearing conducted by a naturalization court designated in section 1421 of this title”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–649, § 407(c)(16), (d)(13)(C), substituted “applications” for “petitions” and “applicant” for “petitioner” wherever appearing, struck out “preliminary” before “examinations” and before “examination”, struck out “to any naturalization court and to make recommendations thereon to such court” before period at end of first sentence, substituted “any District Court of the United States” for “any court exercising naturalization jurisdiction as specified in section 1421 of this title”, and substituted “hearing conducted by an immigration officer under section 1447(a) of this title” for “final hearing conducted by a naturalization court designated in section 1421 of this title”.

    Enacted provision · exact public law section
    (16) Section 335 (8 U.S.C. 1446).

    Effective date note
    Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration 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.

  12. Immigration Act of 1990

    Pub. L. 101–649 § 401(c) · 104 Stat. 4978

    Inserted · 8 U.S.C. § 1446(b)

    Pub. L. 101–649, § 401(c), inserted at end “Any such employee shall, at the examination, inform the petitioner of the remedies available to the petitioner under section 1447 of this title.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–649, § 401(c), inserted at end “Any such employee shall, at the examination, inform the petitioner of the remedies available to the petitioner under section 1447 of this title.”

    Enacted provision · exact public law section
    (c) Notification.— Section 335(b) (8 U.S.C. 1446(b)) is amended by adding at the end the following new sentence: “Any such employee shall, at the examination, inform the petitioner of the remedies available to the petitioner under section 336.”.

    Effective date note
    Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration 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.

  13. Immigration Act of 1990

    Pub. L. 101–649 § 407(c)(16) · 104 Stat. 4978

    1. Struck · 8 U.S.C. § 1446(c)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(D), struck out “preliminary” before “examination” wherever appearing

    2. Substituted · 8 U.S.C. § 1446(c)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(D), substituted “determination” for “recommendation”

    3. Substituted · 8 U.S.C. § 1446(c)

      Pub. L. 101–649, § 407(c)(16), (d)(13)(D), substituted “application” for “petition”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–649, § 407(c)(16), (d)(13)(D), struck out “preliminary” before “examination” wherever appearing, and substituted “determination” for “recommendation” and “application” for “petition”.

    Enacted provision · exact public law section
    (16) Section 335 (8 U.S.C. 1446).

    Effective date note
    Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration 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.

  14. Immigration Act of 1990

    Pub. L. 101–649 § 407(d)(13)(E) · 104 Stat. 4978

    1. Amended · 8 U.S.C. § 1446(d)(f)

      Pub. L. 101–649, § 407(d)(13)(E), amended subsecs. (d) to (f) generally

    2. Substituted · 8 U.S.C. § 1446(d)(f)

      Pub. L. 101–649, § 407(d)(13)(E), substituting provisions relating to determinations, withdrawal of application, and transfer of application, for provisions relating to recommendations, withdrawal of petition, and transfer of petition, respectively

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 101–649, § 407(d)(13)(E), amended subsecs. (d) to (f) generally, substituting provisions relating to determinations, withdrawal of application, and transfer of application, for provisions relating to recommendations, withdrawal of petition, and transfer of petition, respectively.

    Enacted provision · exact public law section
    (E) by amending subsections (d) through (f) to read as follows: “(d) The employee designated to conduct any such examination shall make a determination as to whether the application should be granted or denied, with reasons therefor. “(e) After an application for naturalization has been filed with the Attorney General, the applicant shall not be permitted to withdraw his application, except with the consent of the Attorney General. In cases where the Attorney General does not consent to the withdrawal of the application, the application shall be determined on its merits and a final order determination made accordingly. In cases where the applicant fails to prosecute his application, the application shall be decided on the merits unless the Attorney General dismisses it for lack of prosecution. “(f) An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred.”.

    Effective date note
    Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration 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.

  15. Pub. L. 102–232 title III § 305(f) · 105 Stat. 1733

    Substituted · 8 U.S.C. § 1446(b)

    Pub. L. 102–232 substituted “district court” for “District Court”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–232 substituted “district court” for “District Court”.

    Enacted provision · exact public law section
    (f) Section 335(b) of the INA, as amended by section 8 USC 1446. 407(d)(13)(C)(iii) of the Immigration Act of 1990, is amended by striking “District Court” and inserting “district court”.

    Effective date note
    Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration 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.

25 of 26 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1981–1991 · 4 rounds

1991

Subsec. (b). Pub. L. 102–232 substituted “district court” for “District Court”.

1990

Pub. L. 101–649, § 407(d)(13)(A), substituted “Investigation of applicants; examination of applications” for “Investigation of petitioners” in section catchline.

Subsec. (a). Pub. L. 101–649, § 407(c)(16), (d)(13)(B), substituted “Before a person may be naturalized” for “At any time prior to the holding of the final hearing on a petition for naturalization provided for by section 1447(a) of this title”, “applying” for “petitioning”, and “application” for “petition”.

Subsec. (b). Pub. L. 101–649, § 407(c)(16), (d)(13)(C), substituted “applications” for “petitions” and “applicant” for “petitioner” wherever appearing, struck out “preliminary” before “examinations” and before “examination”, struck out “to any naturalization court and to make recommendations thereon to such court” before period at end of first sentence, substituted “any District Court of the United States” for “any court exercising naturalization jurisdiction as specified in section 1421 of this title”, and substituted “hearing conducted by an immigration officer under section 1447(a) of this title” for “final hearing conducted by a naturalization court designated in section 1421 of this title”.

Pub. L. 101–649, § 401(c), inserted at end “Any such employee shall, at the examination, inform the petitioner of the remedies available to the petitioner under section 1447 of this title.”

Subsec. (c). Pub. L. 101–649, § 407(c)(16), (d)(13)(D), struck out “preliminary” before “examination” wherever appearing, and substituted “determination” for “recommendation” and “application” for “petition”.

Subsecs. (d) to (f). Pub. L. 101–649, § 407(d)(13)(E), amended subsecs. (d) to (f) generally, substituting provisions relating to determinations, withdrawal of application, and transfer of application, for provisions relating to recommendations, withdrawal of petition, and transfer of petition, respectively.

1988

Subsec. (d). Pub. L. 100–525, § 9(aa), substituted “approves” for “approve” in fourth sentence.

Subsec. (f)(2). Pub. L. 100–525, § 9(bb), struck out before period at end “, except that the court to which the petition is transferred may in its discretion, require the production of two credible United States citizen witnesses to testify as to the petitioner’s qualifications for naturalization since the date of such transfer”.

1981

Subsec. (b). Pub. L. 97–116, § 15(c)(1), struck out “and the oaths of petitioner’s witnesses to the petition for naturalization” after “oath of the petitioner for naturalization”.

Subsec. (f). Pub. L. 97–116, § 15(c)(2), (3), redesignated subsec. (i) as (f) and struck out former subsec. (f) which required affidavits of at least two credible witnesses, citizens of the United States, concerning the residency and the good moral character, etc., of the petitioner.

Subsec. (g). Pub. L. 97–116, § 15(c)(2), struck out subsec. (g) which related to proof of residence at the hearing on the petition.

Subsec. (h). Pub. L. 97–116, § 15(c)(2), struck out subsec. (h) which related to satisfactory evidence as to good moral character, etc., at the hearing on the petition.

Subsec. (i). Pub. L. 97–116, § 15(c)(3), redesignated subsec. (i) as (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration 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.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–116 effective , 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.

Criminal Background Checks

Pub. L. 105–119, title I, , 111 Stat. 2448, provided in part: “That during fiscal year 1998 and each fiscal year thereafter, none of the funds appropriated or otherwise made available to the Immigration and Naturalization Service shall be used to complete adjudication of an application for naturalization unless the Immigration and Naturalization Service has received confirmation from the Federal Bureau of Investigation that a full criminal background check has been completed, except for those exempted by regulation as of ”.

Credits

1952–1991 · 5 acts
  1. 1952June 27, 1952, ch. 477, title III, ch. 2, § 335, 66 Stat. 255
  2. 1981Pub. L. 97–116, § 15(c), , 95 Stat. 1619
  3. 1988Pub. L. 100–525, § 9(aa), (bb), , 102 Stat. 2621
  4. 1990Pub. L. 101–649, title IV, §§ 401(c), 407(c)(16), (d)(13), , 104 Stat. 5038, 5041, 5043
  5. 1991Pub. L. 102–232, title III, § 305(f), , 105 Stat. 1750.
Show as published

(June 27, 1952, ch. 477, title III, ch. 2, § 335, 66 Stat. 255; Pub. L. 97–116, § 15(c), , 95 Stat. 1619; Pub. L. 100–525, § 9(aa), (bb), , 102 Stat. 2621; Pub. L. 101–649, title IV, §§ 401(c), 407(c)(16), (d)(13), , 104 Stat. 5038, 5041, 5043; Pub. L. 102–232, title III, § 305(f), , 105 Stat. 1750.)

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