(a) USCIS shall grant the application if the applicant has complied with all requirements for naturalization under this chapter. A decision to grant or deny the application shall be made at the time of the initial examination or within 120-days after the date of the initial examination of the applicant for naturalization under § 335.2. The applicant shall be notified that the application has been granted or denied and, if the application has been granted, of the procedures to be followed for the administration of the oath of allegiance pursuant to part 337 of this chapter.
(b) Rather than make a determination on the application, USCIS may continue the initial examination on an application for one reexamination, to afford the applicant an opportunity to overcome deficiencies on the application that may arise during the examination. The officer must inform the applicant in writing of the grounds to be overcome or the evidence to be submitted. The applicant shall not be required to appear for a reexamination earlier than 60 days after the first examination. However, the reexamination on the continued case shall be scheduled within the 120-day period after the initial examination, except as otherwise provided under § 312.5(b) of this chapter. If the applicant is unable to overcome the deficiencies in the application, the application shall be denied pursuant to § 336.1 of this chapter.
[56 FR 50497, Oct. 7, 1991, as amended at 58 FR 49914, Sept. 24, 1993; 76 FR 53801, Aug. 29, 2011]
Notes of Decisions
Cited in
58
cases (
10 in the last 5 years), 1998–2025 · leading case:
Aronov v. Napolitano, 562 F.3d 84 (1st Cir. 2009).
Aronov v. Napolitano, 562 F.3d 84 (1st Cir. 2009).
· cites it 5× “That regulation should, of course, be read in the context of the regulations defining when an initial determination may take place.”
Aronov v. Chertoff, 536 F.3d 30 (1st Cir. 2008).
· cites it 9× “3d at 1161; 8 C.F.R. § 335.3 (a) ("A decision to grant or deny the application shall be made at the time of the initial examination or within 120-days after the date of the initial examination of the applicant for naturalization .”
Sawan v. Chertoff, 589 F. Supp. 2d 817 (S.D. Tex. 2008).
· cites it 6× “§ 1447 (b); 8 C.F.R. § 335.3 (a). The interview may be scheduled “only after the [USCIS] has received a definitive response from the Federal Bureau of Investigation that a full criminal background check of an applicant has been completed.”
Nio v. United States Dep't of Homeland Sec., 270 F. Supp. 3d 49 (D.D.C. 2017).
· cites it 3× “§ 1446 (d); 8 C.F.R. § 335.3 ;. (1st Renaud Decl. ¶¶3, 4, 15), as well as checking the Defense Clearance Investigative Index (“DCII”) database to see if the “applicant has any derogatory information in his or her military records.”
Duran-Pichardo v. Attorney Gen. of United States, 695 F.3d 282 (3rd Cir. 2012).
· cites it 2× “The relevant naturalization regulation, 8 C.F.R. 335.3(a) provides: . USCIS[ 8 ] shall grant the [naturalization] application if the applicant has complied with all requirements for naturalization under this chapter.”
Alkenani v. Barrows, 356 F. Supp. 2d 652 (N.D. Tex. 2005).
· cites it 2× “§ 1446 (d); 8 C.F.R. § 335.3 . If the application is denied, the applicant may request an administrative hearing before a senior immigration examiner.”
Ali v. Frazier, 575 F. Supp. 2d 1084 (D. Minnesota 2008).
· cites it 2× “8 C.F.R. § 335.3 . The interview, however, can be scheduled “only after the Service has received a definitive response from the Federal Bureau of Investigation that a full criminal background check of an applicant has been completed.”
Adalberto Tovar-Alvarez v. U .S. Attorney Gen., 427 F.3d 1350 (11th Cir. 2005).
“” 8 C.F.R. § 335.3 (a). Tovar-Alvarez argues that the INS had a duty to act and that it unreasonably failed to do so because his petition for naturalization had not yet been granted nearly two years after the interview.”
Hamandi v. Chertoff, 550 F. Supp. 2d 46 (D.D.C. 2008).
“”); 8 C.F.R. § 335.3 (a) (USCIS “shall grant the application if the applicant has complied with all requirements for naturalization .”
Al-Maleki v. Holder, 558 F.3d 1200 (10th Cir. 2009).
“§ 1447 (b); 8 C.F.R. § 335.3 (a) (“A decision to grant or deny the application shall be made at the time of the initial examination or within 120-days after the date of the initial examination .”
Manzoor v. Chertoff, 472 F. Supp. 2d 801 (E.D. Va. 2007).
“” 8 C.F.R. § 335.3 (emphasis added). The language of these regulations, like the language of the statute itself, is plain.”
Roshandel v. Chertoff, 554 F. Supp. 2d 1194 (W.D. Wash. 2008).
· cites it 3× “8 C.F.R. § 335.3 (a). Once an application is submitted, USCIS conducts an investigation of each naturalization applicant.”
— 8 C.F.R. § 335.3(a) — 8 cases
Duran-Pichardo v. Attorney Gen. of United States, 695 F.3d 282 (3rd Cir. 2012).
“The relevant naturalization regulation, 8 C.F.R. 335.3(a) provides: . USCIS[ 8 ] shall grant the [naturalization] application if the applicant has complied with all requirements for naturalization under this chapter.”
Sawan v. Chertoff, 589 F. Supp. 2d 817 (S.D. Tex. 2008).
“§ 1447 (b); 8 C.F.R. § 335.3 (a). The interview may be scheduled “only after the [USCIS] has received a definitive response from the Federal Bureau of Investigation that a full criminal background check of an applicant has been completed.”
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