USCODE-2011-title8-chap12-subchapIII-partII-sec1445

§ 1445

TITLE 8—ALIENS AND NATIONALITY

ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1445. Application for naturalization; declaration of intention
(a) Evidence and form
An applicant for naturalization shall make
and file with the Attorney General a sworn application in writing, signed by the applicant in
the applicant’s own handwriting if physically
able to write, which application shall be on a
form prescribed by the Attorney General and
shall include averments of all facts which in the
opinion of the Attorney General may be material to the applicant’s naturalization, and required to be proved under this subchapter. In the
case of an applicant subject to a requirement of
continuous residence under section 1427(a) or
1430(a) of this title, the application for naturalization may be filed up to 3 months before the
date the applicant would first otherwise meet
such continuous residence requirement.
(b) Who may file
No person shall file a valid application for naturalization unless he shall have attained the age
of eighteen years. An application for naturalization by an alien shall contain an averment of
lawful admission for permanent residence.
(c) Hearings
Hearings under section 1447(a) of this title on
applications for naturalization shall be held at
regular intervals specified by the Attorney General.
(d) Filing of application
Except as provided in subsection (e) of this
section, an application for naturalization shall
be filed in the office of the Attorney General.
(e) Substitute filing place and administering
oath other than before Attorney General
A person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the
Attorney General or a court, if the Attorney
General determines that the person has an illness or other disability which—
(1) is of a permanent nature and is sufficiently serious to prevent the person’s personal appearance, or
(2) is of a nature which so incapacitates the
person as to prevent him from personally appearing.
(f) Declaration of intention
An alien over 18 years of age who is residing in
the United States pursuant to a lawful admission for permanent residence may file with the
Attorney General a declaration of intention to
become a citizen of the United States. Such a
declaration shall be filed in duplicate and in a
form prescribed by the Attorney General and
shall be accompanied by an application prescribed and approved by the Attorney General.
Nothing in this subsection shall be construed as

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requiring any such alien to make and file a declaration of intention as a condition precedent to
filing an application for naturalization nor shall
any such declaration of intention be regarded as
conferring or having conferred upon any such
alien United States citizenship or nationality or
the right to United States citizenship or nationality, nor shall such declaration be regarded as
evidence of such alien’s lawful admission for
permanent residence in any proceeding, action,
or matter arising under this chapter or any
other Act.
(June 27, 1952, ch. 477, title III, ch. 2, § 334, 66
Stat. 254; Pub. L. 97–116, § 15(b), Dec. 29, 1981, 95
Stat. 1619; Pub. L. 101–649, title IV, §§ 401(b),
407(c)(15), (d)(12), Nov. 29, 1990, 104 Stat. 5038,
5041, 5042; Pub. L. 102–232, title III, § 305(d), (e),
(m)(7), Dec. 12, 1991, 105 Stat. 1750.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (f), was in the
original a reference to this Act, meaning act June 27,
1952, ch. 477, 66 Stat. 163, known as the Immigration and
Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of
this title and Tables.
AMENDMENTS
1991—Subsec. (a). Pub. L. 102–232, § 305(m)(7), struck
out ‘‘, in duplicate,’’ after ‘‘file with the Attorney General’’.
Pub. L. 102–232, § 305(e), made technical correction to
directory language of Pub. L. 101–649, § 407(d)(12)(B). See
1990 Amendment note below.
Subsecs. (f), (g). Pub. L. 102–232, § 305(d), redesignated
subsec. (g) as (f).
1990—Pub. L. 101–649, § 407(d)(12)(A), substituted ‘‘Application for naturalization; declaration of intention’’
for ‘‘Petition for naturalization’’ in section catchline.
Subsec. (a). Pub. L. 101–649, § 407(c)(15), (d)(12)(B), as
amended by Pub. L. 102–232, § 305(e), substituted ‘‘with
the Attorney General’’ for ‘‘in the office of the clerk of
a naturalization court’’, ‘‘under this subchapter’’ for
‘‘upon the hearing of such petition’’, and ‘‘application’’
for ‘‘petition’’ wherever appearing.
Pub. L. 101–649, § 401(b), inserted at end ‘‘In the case
of an applicant subject to a requirement of continuous
residence under section 1427(a) or 1430(a) of this title,
the application for naturalization may be filed up to 3
months before the date the applicant would first otherwise meet such continuous residence requirement.’’
Subsec. (b). Pub. L. 101–649, § 407(c)(15), (d)(12)(C), substituted ‘‘application’’ for ‘‘petition’’ in first sentence,
and struck out ‘‘(1)’’ before ‘‘he shall have attained’’,
‘‘and (2) he shall have first filed an application therefor
at an office of the Service in the form and manner prescribed by the Attorney General’’ after ‘‘eighteen
years’’, and ‘‘petition for’’ after ‘‘An application for’’.
Subsecs. (c) to (e). Pub. L. 101–649, § 407(d)(12)(F),
added subsecs. (c) to (e) and struck out former subsecs.
(c) to (e) which related to time to file, substitute filing
place, and investigation into reasons for substitute filing place, respectively.
Subsecs. (f), (g). Pub. L. 101–649, § 407(c)(15), (d)(12)(D),
(E), redesignated subsec. (f) as (g), substituted ‘‘An
alien over 18 years of age who is residing in the United
States pursuant to a lawful admission for permanent
residence may file with the Attorney General a declaration of intention to become a citizen of the United
States. Such a declaration shall be filed in duplicate
and in a form prescribed by the Attorney General and
shall be accompanied by an application prescribed and
approved by the Attorney General.’’ for ‘‘Any alien
over eighteen years of age who is residing in the United
States pursuant to a lawful admission for permanent
residence may, upon an application prescribed, filed

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TITLE 8—ALIENS AND NATIONALITY

with, and approved by the Service, make and file in duplicate in the office of the clerk of court, regardless of
the alien’s place of residence in the United States, a
signed declaration of intention to become a citizen of
the United States, in such form as the Attorney General shall prescribe.’’, and substituted ‘‘an application’’
for ‘‘a petition’’ in last sentence.
1981—Subsec. (a). Pub. L. 97–116 struck out ‘‘and duly
verified by two witnesses,’’ after ‘‘able to write,’’.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 305(d), (e) of 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.
Section 305(m) of Pub. L. 102–232 provided that the
amendment made by that section is effective as if included in section 407(d) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1446. Investigation of applicants; examination
of applications
(a) Waiver
Before a person may be naturalized, an 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 rel-

§ 1446

evant 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.
(June 27, 1952, ch. 477, title III, ch. 2, § 335, 66
Stat. 255; Pub. L. 97–116, § 15(c), Dec. 29, 1981, 95
Stat. 1619; Pub. L. 100–525, § 9(aa), (bb), Oct. 24,
1988, 102 Stat. 2621; Pub. L. 101–649, title IV,
§§ 401(c), 407(c)(16), (d)(13), Nov. 29, 1990, 104 Stat.
5038, 5041, 5043; Pub. L. 102–232, title III, § 305(f),
Dec. 12, 1991, 105 Stat. 1750.)
AMENDMENTS
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