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(b) ONLY PROCEDURE.—An individual may be naturalized as a citizen of
the United States only as provided in this subtitle.
§ 20502. Declarations of intention
(a) GENERAL.—An individual at least 18 years of age who is residing in
the United States as an alien lawfully admitted for permanent residence
may make a declaration of intention to be naturalized as a citizen of the
United States. However, a declaration is not required for naturalization,
does not confer nationality or the right to nationality on an alien, and is
not evidence of lawful admission for permanent residence.
(b) PROCEDURE.—(1) A declaration under this section must be filed with
the Attorney General in duplicate, accompanied by an application for the
declaration. The application must be approved by the Attorney General.
(2) The application must include 3 identical photographs of the alien.
One photograph shall be attached to the declaration issued by the Attorney
General and the others to the copies of the declaration retained by the At-
torney General.
(c) REPLACEMENT DECLARATION.—The Attorney General shall issue a
new declaration to an alien applying to replace a declaration that the Attor-
ney General finds is lost, destroyed, or mutilated, and if mutilated, is sur-
rendered to the Attorney General. A person coming into possession of a dec-
laration that was lost shall surrender the declaration to the Attorney Gen-
eral.
§ 20503. Applications for naturalization
(a) GENERAL.—An application for naturalization must be filed—
(1) with the Attorney General, in the office of the Immigration and
Naturalization Service for the district in which the individual resides;
and
(2) in person, except when the Attorney General decides the individ-
ual has an illness or other disability sufficiently incapacitating to pre-
vent the individual from filing in person.
(b) FORM AND CONTENTS.—The application for naturalization must—
(1) include a statement that the individual has been lawfully admit-
ted for permanent residence;
(2) include a statement of facts the Attorney General believes may
be material to the individual’s naturalization and required to be proved
under this subtitle;
(3) include 3 identical photographs of the individual signed by the
individual;
(4) be sworn to by the individual; and
(5) be signed by the individual if physically able to write.
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(c) EARLY FILING FOR INDIVIDUALS SUBJECT TO CONTINUOUS RESI-
DENCE REQUIREMENT.—An individual subject to a continuous residence re-
quirement under chapter 203 of this title may file an application for natu-
ralization not more than 3 months before the date the individual would first
satisfy that requirement.
(d) TRANSFER TO ANOTHER DISTRICT.—If an individual applying for
naturalization moves from the district of the Service in the United States
in which the application is pending, the individual may request the Attorney
General to transfer the application to another district. If the Attorney Gen-
eral transfers the application, the proceedings on the application shall con-
tinue as though the application had been filed originally in the district to
which it is transferred.
(e) WITHDRAWAL AND LACK OF PROSECUTION.—An application for nat-
uralization may be withdrawn only with the consent of the Attorney Gen-
eral. If the Attorney General does not consent to the withdrawal, the appli-
cation shall be decided on its merits. If the applicant does not prosecute
the application, the Attorney General may dismiss it for lack of prosecution.
If the Attorney General does not dismiss the application for lack of prosecu-
tion, it shall be decided on its merits.
§ 20504. Proof of lawful entry and effect of deportation pro-
ceedings
(a) PROOF OF LAWFUL ENTRY.—An applicant for naturalization has the
burden of proving that the applicant entered the United States lawfully. To
prove a lawful entry, the applicant is entitled to the production of—
(1) the applicant’s immigrant visa or other entry document; and
(2) any other record in the custody of the Attorney General related
to the applicant’s entry that the Attorney General does not consider
confidential.
(b) EFFECT OF DEPORTATION PROCEEDINGS.—(1) Except as provided in
sections 20312(d) and 20313 of this title—
(A) an application for naturalization may not be considered if a de-
portation proceeding is pending under an arrest warrant; and
(B) an individual may not be naturalized as a citizen of the United
States if a final finding of deportability is outstanding under an arrest
warrant.
(2) The Attorney General’s findings in ending deportation proceedings or
suspending deportation are not binding in deciding whether an individual
satisfies the eligibility requirements for naturalization.
§ 20505. Investigations
The Attorney General shall conduct a personal investigation of an appli-
cant for naturalization in each vicinity in which the applicant has lived or
337
been employed during at least the 5-year period immediately before the ap-
plication was filed. However, the Attorney General may waive the investiga-
tion in a particular case or class of cases.
§ 20506. Examinations
(a) GENERAL.—The Attorney General shall designate officers and em-
ployees of the Immigration and Naturalization Service to conduct examina-
tions of applicants for naturalization. Examinations shall be uniform
throughout the United States and be limited to inquiring about whether the
applicant meets the eligibility requirements for naturalization. At the time
of the examination, the officer or employee conducting the examination shall
inform the applicant of the remedies available to the applicant under sec-
tions 20507(a) and (b) and 20508(a) of this title.
(b) DECISIONS.—The officer or employee conducting the examination
shall decide whether the application for naturalization should be granted or
denied and give the reasons.
§ 20507. Hearings before immigration officers
(a) GENERAL.—An individual whose application for naturalization is de-
nied after an examination under section 20506 of this title may request a
hearing before an immigration officer. Hearings under this subsection shall
be held at regular intervals specified by the Attorney General.
(b) SUBPENAS.—(1) On the applicant’s request at the time of requesting
a hearing, the immigration officer shall subpena witnesses named by the ap-
plicant to appear at the hearing. If a witness cannot be produced at the
hearing, other witnesses may be subpenaed after notice to the Attorney
General, in the way and at the time prescribed by the Attorney General by
regulation.
(2) A subpena issued under this subsection may be enforced as provided
in section 303(b) of this title.
(3) A witness willfully disobeying a subpena to appear and testify at a
final hearing under this section shall be fined under title 18, imprisoned for
not more than 5 years, or both.
(c) APPEARANCE OF ATTORNEY GENERAL.—At a hearing under this sec-
tion, the Attorney General may call, examine, and cross-examine witnesses,
including the applicant, produce other evidence, and argue for or against
granting the application for naturalization.
(d) ADMISSIBILITY OF RECORDS OF EXAMINATION.—The record of the
examination conducted under section 20506 of this title is admissible as evi-
dence in a hearing conducted under this section.
§ 20508. Judicial review
(a) FAILURE TO MAKE TIMELY DECISIONS AFTER EXAMINATIONS.—If
the officer or employee conducting an examination under section 20506 of