8 USC 1446 - Investigation of applicants; examination of applications

Editorial Notes

Amendments

1991—Subsec. (span). Puspan. L. 102–232 substituted “district court” for “District Court”.

1990—Puspan. L. 101–649, § 407(d)(13)(A), substituted “Investigation of applicants; examination of applications” for “Investigation of petitioners” in section catchline.

Subsec. (a). Puspan. 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. (span). Puspan. 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”.

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

Subsec. (f)(2). Puspan. L. 100–525, § 9(bspan), 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. (span). Puspan. 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). Puspan. 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). Puspan. L. 97–116, § 15(c)(2), struck out subsec. (g) which related to proof of residence at the hearing on the petition.

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

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Amendment by Puspan. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 310(1) of Puspan. L. 102–232, set out as a note under section 1101 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Puspan. 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

Puspan. L. 105–119, title I, Nov. 26, 1997, 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 January 1, 1997”.