8 C.F.R. § 334.2

Application for naturalization

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(a) An applicant may file an application for naturalization with required initial evidence in accordance with the general form instructions for naturalization. The applicant must include the fee as required in 8 CFR 106.2.

(b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.

[56 FR 50496, Oct. 7, 1991, as amended at 59 FR 48780, Sept. 20, 1993; 66 FR 32147, June 13, 2001; 76 FR 53801, Aug. 29, 2011; 85 FR 46929, Aug. 3, 2020]
Notes of Decisions
Cited in 21 cases (3 in the last 5 years), 1998–2023 · leading case: Hamandi v. Chertoff, 550 F. Supp. 2d 46 (D.D.C. 2008).
Hamandi v. Chertoff, 550 F. Supp. 2d 46 (D.D.C. 2008). “17, 2007) (noting that 1991 Appropriations Act is “permissive in nature, allowing the FBI to collect fees for processing background checks, but in no way imposing a clear, mandatory duty on the FBI” and stating with respect to 8 C.F.R. § 334.2 that since the regulation does not…”
Castracani v. Chertoff, 377 F. Supp. 2d 71 (D.D.C. 2005). “8 C.F.R. § 334.2 . Following initial administrative processing of the application, BCIS conducts a background investigation of the applicant.”
Alkenani v. Barrows, 356 F. Supp. 2d 652 (N.D. Tex. 2005). “§ 1445(a); 8 C.F.R. §§ 334.2 & 316.4. The immigration service then conducts a background investigation of the applicant, including a review of all pertinent immigration and police records.”
Sawan v. Chertoff, 589 F. Supp. 2d 817 (S.D. Tex. 2008). “See 8 C.F.R. § 334.2 (a). The USCIS must then “conduct an investigation of the applicant.”
Berishev v. Chertoff, 486 F. Supp. 2d 202 (D. Mass. 2007). “§ 1446 (a)-(b); 8 C.F.R. § 334.2 . After an application is filed, an “investigation” of the applicant is conducted.”
United States v. Antoun Chahla, 752 F.3d 939 (11th Cir. 2014). “§ 1445 (a); 8 C.F.R. § 334.2 . 4 . Before trial the government dismissed Count 6, which had charged Fadi with unlawful procurement of naturalization based on false statements made on his initial application to become a Lawful Permanent Resident.”
United States v. Hovsepian, 307 F.3d 922 (9th Cir. 2002). “§ 1445 (a); 8 C.F.R. §§ 334.2 , 316.4, 316.10. The INS then conducts a background investigation of the applicant.”
Yan Wu v. Rodriguez, 142 F. Supp. 3d 594 (S.D. Ohio 2015). “§ 1445 ; 8 C.F.R. § 334.2 . USCIS is then required to conduct a background investigation of the applicant, which currently includes three security checks (in addition to a review of DHS’s own immigration systems): (1) a FBI fingerprint check; (2) a check against the DHS-managed…”
Popnikolovski v. United States Dep't of Homeland Sec., Citizenship & Immigr. Servs., 726 F. Supp. 2d 953 (N.D. Ill. 2010). · cites it 2× “§ 1427 , Plaintiff was eligible for citizenship on January 23, 2009, five years after he became a permanent resident, and under 8 C.F.R. § 334.2 (b), a naturalization application may be filed “up to 90 days prior to the completion of the required period of residence.”
Saini v. Heinauer, 552 F. Supp. 2d 974 (D. Neb. 2008). “§ 1445 (a); 8 C.F.R. § 334.2 . Next, an “investigation/examination” of the applicant is conducted.”
Alzuraiki v. Heinauer, 544 F. Supp. 2d 862 (D. Neb. 2008). “§ 1445 (a), 8 C.F.R. § 334.2 . Next, an “investigation/examination” of the applicant is conducted.”
Martinez v. Sec'y, Dept. of Homeland Sec., 670 F. Supp. 2d 1325 (M.D. Fla. 2009). “§ 1445(a); 8 C.F.R. §§ 334.2 & 316.4. Upon submission of the application, USCIS conducts a background investigation of the applicant, including a review of all pertinent immigration and police records.”
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