C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER C—NATIONALITY REGULATIONS › PART 316—GENERAL REQUIREMENTS FOR NATURALIZATION

8 C.F.R. § 316.4

Application; documents

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(a) The applicant will apply for naturalization in accordance with instructions provided on the form prescribed by USCIS for that purpose.

(b) At the time of the examination on the application for naturalization, the applicant may be required to establish the status of lawful permanent resident by submitting the original evidence, issued by the Service, of lawful permanent residence in the United States. The applicant may be also required to submit any passports, or any other documents that have been used to enter the United States at any time after the original admission for permanent residence.

[56 FR 50484, Oct. 7, 1991, as amended at 58 FR 48780, Sept. 20, 1993; 63 FR 12987, Mar. 17, 1998; 63 FR 70316, Dec. 21, 1998; 76 FR 53798, Aug. 29, 2011]
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2001–2025 · leading case: Kaplan v. Chertoff
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Kaplan v. Chertoff (2007) paed · cites it 2× “§ 1445 (a)-(b); 8 C.F.R. §§ 316.4 , 334.1, 334.2. Put another way, after receiving LPR status, an immigrant must wait four years and nine months before applying for naturalization.”
Escaler v. US CITIZENSHIP AND IMMIGRATION SERVS. (2009) ca2 “§ 1445 (a), 8 C.F.R. § 316.4 (a); (iii) passing a background check, U.”
Hamandi v. Chertoff (2008) dcd “2101, 2112 (1990), Congress authorized the FBI to establish and collect fees to cover name check costs; 8 and (3) pursuant to 8 C.F.R. §§ 316.4 and 334.2, USCIS requires applicants for naturalization to submit an application fee, “a portion of which the [USJCIS pays over to the…”
Levy v. Immigration & Naturalization Service (2001) ca7 “1998) (application materials submitted to INS must include legible set of fingerprints); 8 C.F.R. § 316.4 (naturalization applicants shall be fingerprinted).”
Sharma v. Taylor (2014) vaed “§ 1445(a); 8 C.F.R. § 316.4 (a). Once this occurs, US-CIS must examine the applicant’s qualifications for naturalization and “make a determination as to whether the application should be granted or denied, with the reasons therefor.”
Abuirshaid v. Johnson (2015) vaed “§ 1445 (a); 8 C.F.R. § 316.4 (a). US-CIS then conducts an examination of the alien’s application to determine, inter alia, whether the application meets the residency requirements.”
Escaler v. United States Citizenship & Immigration Services (2009) ca2 “§ 1445 (a), 8 C.F.R. § 316.4 (a); (iii) passing a background check, U.”
United States v. Etevaldo Ferreira De Souza (2020) ca11 “; see also 8 C.F.R. § 316.4 (“The applicant will apply for naturalization in accordance with instructions provided on the form prescribed by USCIS for that purpose.”
Saleh v. Pastore (2021) nysd “§ 1445 (a), 8 C.F.R. §§ 316.4 , 334.1, 334.2; (iii) completing a background check, 8 U.”
Joseph v. Cuccinelli (2021) nysd “§ 1445 (a); 8 C.F.R. §§ 316.4 , 334.1. Second, the applicant undergoes a background check.”
Joseph Ebu v. USCIS (2025) ca6 “See 8 C.F.R. § 316.4 (a). Still, the INA provides for judicial review in the naturalization process in two narrow circumstances.”
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