us-uscis-policy-manual-volume-12-part-b-chapter-1•Chapter 1 - Purpose and Background
Chapter 1 - Purpose and Background
us-uscis-policy-manual-volume-12-part-b-chapter-1Chapter 1 - Purpose and BackgroundGuidance
A. Purpose
United States citizenship confers rights, privileges, and responsibilities that are vital to the security and safety of the United States. As such, investigations and examinations conducted by USCIS safeguard the integrity of the naturalization system by ensuring that an alien applying for naturalization meets all the eligibility requirements.
1. Investigation
Section 335(a) of the Immigration and Nationality Act (INA) directs USCIS to conduct investigations of aliens applying for naturalization, unless waived by the Secretary of Homeland Security.[1] These personal investigations include neighborhood investigations, which cover the vicinity of an alien’s place of residence and employment and include at least the 5-year period prior to the filing of the alien’s naturalization application. Further, in addition to the personal investigation, USCIS completes criminal background checks before an examination.[2]
2. Examination
INA 335(b) also directs USCIS to conduct an examination to establish the eligibility of the alien applying for naturalization.[3] The examination consists of reviewing the alien’s complete immigration record and conducting the in-person interview where the alien provides oral and written testimony about the naturalization application and completes the English and civics test.[4] As part of the examination, an officer places the alien under oath, obtains oral and written testimony during an in-person interview, subpoenas witnesses, and requests evidence.[5]
The purpose of the INA 335(a) and INA 335(b) investigation and examinations is to corroborate an alien’s eligibility for naturalization, which includes scrutiny of an alien’s residency, good moral character, attachment to the U.S. Constitution, and disposition to the good order and happiness of the United States.[6] USCIS is authorized to waive the requirement in INA 335(a) at its discretion for individual cases or classes of cases.
The alien has the burden of establishing eligibility by a preponderance of the evidence throughout the naturalization process.[7] Uniformity in decision-making and application processing is vital to the integrity of the naturalization process. Consistency in the decision-making process enhances USCIS’ goal to ensure that the relevant laws and regulations are applied accurately to each case.
B. Background
Before 1906, aliens were not interviewed prior to the naturalization hearing but could be questioned about their qualifications for naturalization by judges. With the passage of the Basic Naturalization Act of 1906, a complete examination[8] and questioning under oath was required of the “petitioner” (now “applicant”) for naturalization and his or her witnesses at the final hearing for naturalization in court.[9]
For several years in the 1920s, the Bureau of Naturalization recommended that Congress pass legislation providing formal authority for preliminary hearings conducted by Naturalization Examiners. The Act of June 8, 1926, established the designated examiner system which assigned a naturalization examiner to each federal naturalization court to conduct preliminary examinations of aliens applying for naturalization.[10] The naturalization examiners interviewed aliens, made recommendations to judges, and monitored proceedings. This direct interaction with the courts further advanced the fairness and uniformity of the naturalization process nationwide.
Congress amended the statute in 1940 to include English language requirements and a provision for questioning aliens on their understanding of the principles of the Constitution.[11] The Nationality Act of 1940 provided jurisdiction to naturalize aliens to all courts of record in any state or territory[12] and expanded the designated examiner system to any naturalization court.[13]The Act also moved the authority to appoint the examiners to the Commissioner of the Immigration and Naturalization Service (INS).[14]
Section 335 emerged as a component of the Immigration and Nationality Act (INA) of 1952, establishing a framework for the investigation and examination of aliens applying for naturalization. The INA of 1952 introduced the statutory authority for INS (now USCIS) to conduct investigations of the alien applying for naturalization (referred to as neighborhood investigations) in INA 335(a)[15] and incorporated the designated examiner system from the Nationality Act of 1940[16] into INA 335(b).[17]
From 1802 to 1981, aliens applying for naturalization were required to present two witnesses who could testify to their qualifications for citizenship.[18] In 1981, Congress eliminated the requirement for witnesses, a change justified in part by the fact that the character of an alien applying for naturalization could be better determined by an investigation, if necessary. Legacy INS maintained its authority to subpoena witnesses, if necessary.[19]
The Immigration Act of 1990 (IMMACT 90) provided for complete administrative naturalization.[20] Under this system, INS examiners conducted interviews and made the final determination in each case rather than recommending a decision to the court.[21] By 1991, legacy INS abandoned neighborhood investigations.[22] Instead legacy INS relied almost exclusively on criminal history checks performed by the Federal Bureau of Investigation (FBI) and on biometrics checks to obtain information bearing on the good moral character of the alien.
As of November 2025, USCIS is exercising its statutory authority under INA 335 to conduct an investigation,[23] unless an individual case or classes of cases are waived, and examination[24] of all aliens applying for naturalization to determine their eligibility for naturalization, including, but not limited to, their lawful admission for permanent residence, ability to establish good moral character, attachment to the Constitution, disposition towards the good order and happiness of the United States, residence and physical presence in the United States, and the English and civics requirements for naturalization.[25]
C. Legal Authorities
- INA 310; 8 CFR 310 – Naturalization authority
- INA 312; 8 CFR 312 – Educational requirements for naturalization
- INA 316; 8 CFR 316 – General requirements for naturalization
- INA 332; 8 CFR 332 – Procedural and administrative provisions; executive functions
- INA 335; 8 CFR 335 – Investigation and examination of applicant
- INA 336; 8 CFR 336 – Hearings on denials of naturalization application
Footnotes
[^ 1] As of October 1, 1991, Congress transferred the naturalization authority to the Attorney General (now the Secretary of DHS). See INA 103(a)(1), as amended in 2003 (Homeland Security Act, sections 441 and 451). See INA 310(a). See INA 335(a). See 8 CFR 335.1.
[^ 2] See 8 CFR 335.2(b).
[^ 3] See INA 335. See 8 CFR 335.2.
[^ 4] See Part E, English and Civics Testing and Exceptions [12 USCIS-PM E].
[^ 5] See INA 332, INA 335, and INA 337. See 8 CFR 332, 8 CFR 335, and 8 CFR 337.
[^ 6] See INA 316. See 8 CFR 316.2.
[^ 7] See 8 CFR 316.2(b).
[^ 8] See Section 11 of the Basic Naturalization Act of 1906, ch. 3592, 34 Stat. 596 (PDF), 599 (June 29, 1906).
[^ 9] See Section 9 of the Basic Naturalization Act of 1906, ch. 3592, 34 Stat. 596 (PDF), 599 (June 29, 1906).
[^ 10] See Act of June 8, 1926, Pub. L. 69-358 (PDF), (March 4, 1929) (repealed 1940).
[^ 11] See the Nationality Act of 1940, Pub. L. 76-853 (PDF) (October 14, 1940).
[^ 12] See Section 301(a) of the Nationality Act of 1940, Pub. L. 76-853 (PDF), 54 Stat. 1137, 1140 (October 14, 1940).
[^ 13] See Section 333(a) of the Nationality Act of 1940, Pub. L. 76-853 (PDF), 54 Stat. 1137, 1156 (October 14, 1940). (Under the Act, …. “[t]he Commissioner or a Deputy Commissioner shall designate members of the Service to conduct preliminary hearings upon petitions for naturalization to any naturalization court ….”).
[^ 14] See Section 333(a) of the Nationality Act of 1940, Pub. L. 76-853 (PDF), 54 Stat. 1137, 1156 (October 14, 1940). (Under the Act, …. “[t]he Commissioner or a Deputy Commissioner shall designate members of the Service to conduct preliminary hearings upon petitions for naturalization….”).
[^ 15] See Section 335(a) of the Immigration and Nationality Act of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 255 (June 27, 1952). See INA 335(a).
[^ 16] See Nationality Act of 1940, Pub. L. 76-853 (PDF) (October 14, 1940) (repealed 1952).
[^ 17] See Section 335(b) of the Immigration and Nationality Act of 1952, Pub. L. 82-414 (PDF), 66 Stat. 163, 255 (June 27, 1952). See INA 335(b).
[^ 18] See H.R. Rep. No. 97-264, p. 31 (1981). See Immigration and Nationality Act Amendments of 1981, Pub. L. 97-116 (PDF) (December 29, 1981). See 8 U.S.C. 1445.
[^ 19] See the U.S. Department of Justice, Office of Inspector General’s Special Report on An Investigation of the INS’s Citizenship USA Initiative, Chapter III, Interviews and Adjudications, Report No. OIG-01-16 (PDF) (July 1, 2000).
[^ 20] See the Immigration Act of 1990 (IMMACT 90), Pub. L. 101-649 (PDF) (November 29, 1990).
[^ 21] See Section 407(d)(13) of the Immigration Act of 1990 (IMMACT 90), Pub. L. 101-649 (PDF), 104 Stat. 4978, 5043 (November 29, 1990).
[^ 22] See the U.S. Department of Justice, Office of Inspector General’s Special Report on An Investigation of the INS’s Citizenship USA Initiative, Chapter III, Interviews and Adjudications, Report No. OIG-01-16 (PDF) (July 1, 2000).
[^ 23] See INA 335(a). See 8 CFR 335.1.
[^ 24] See INA 335(b). See 8 CFR 335.2.
[^ 25] See INA 316(a).
Resources
Appendices
Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320.[1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316.[2] Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents.[3]
This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d), which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320.[4]
On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted,[5] amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. In line with the statute, USCIS rescinds its previous guidance, clarifying that these children are eligible to acquire citizenship under INA 320 if all other requirements under INA 320 are met.
The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.
Footnotes
[^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship.
[^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b). See INA 316(a). See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3].
[^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.
[^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05]. This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133 (PDF).
[^ 5] See Pub. L. 116-133 (PDF) (March 26, 2020).
Updates
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to further assess and corroborate the eligibility of aliens applying for naturalization. The guidance reintroduces personal investigations, also known as neighborhood investigations, under section 335(a) of the Immigration and Nationality Act (INA) and reinforces the need to validate the alien’s information and documentation as part of the naturalization examination under INA 335(b).
This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.
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