An applicant for naturalization who has appeared for the examination on his or her application as provided in 8 CFR 335.2 will be considered as failing to prosecute such application if he or she, without good cause being shown, either failed to excuse an absence from a subsequently required appearance, or fails to provide within a reasonable period of time such documents, information, or testimony deemed by USCIS to be necessary to establish his or her eligibility for naturalization. USCIS will deliver notice of requests for appearance or evidence as provided in 8 CFR 103.8. In the event that the applicant fails to respond within 30 days of the date of notification, USCIS will adjudicate the application on the merits pursuant to 8 CFR 336.1.
[76 FR 53801, Aug. 29, 2011]
Notes of Decisions
Mazen Shweika v. Dep't of Homeland Sec., 723 F.3d 710 (6th Cir. 2013).
“8 C.F.R. § 335.7 (deeming the failure to provide testimony a failure to prosecute), but separately stated that he “fail[ed] to establish [his] fulfillment of the requirements for naturalization, including those of good moral character.”
Keaik v. Dedvukay, 557 F. Supp. 2d 820 (E.D. Mich. 2008).
· cites it 3× “8 C.F.R. § 335.7 . As mentioned above, if the examiner denies the application, the applicant may request a hearing by an immigration officer.”
Issa v. Mueller, 486 F. Supp. 2d 668 (E.D. Mich. 2007).
“6 (a) (“An applicant for naturalization shall be deemed to have abandoned his or her application if he or she fails to appear for the examination”); 8 C.F.R. § 335.7 (“An applicant for naturalization who has appeared for the examination on his or her application as provided in §…”
Abdi v. United States Citizenship & Immigr. Servs., 923 F. Supp. 2d 1160 (D. Minnesota 2013).
“See 8 C.F.R. § 335.7 ("[In] the event that the applicant fails to respond within 30 days of [a request for documents], US-CIS will adjudicate the application on the merits.”
Endicott v. INS \Perez\"" (D. Neb. 2019).
“) The Attachment to the Form N-335 states that Plaintiff’s application for naturalization was denied for lack of prosecution in accordance with 8 C.F.R. 335.7, explaining: On August 8, 2005 you were instructed by the service to submit Police arrest records and certified court…”
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