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Adjudicator’s Field Manual 72.2 Examination Preparation. (a) Preparing Your Physical Space for the Examination (b) Files to Review in Preparation for the Examination (c) Determining How an Applicant Acquired Lawful Permanent Resident Status (d) Important Forms to Review in Preparation for the Examination (e) Databases You May Need to Search as Part of Your Examination Preparation (f) Forms You Should Have Available During the Examination (g) Resources to Help You Detect Fraudulent Documents (h) Other Source Materials to Help You Stay Current With International Issues (i) Equipment Used During the Examination (j) Brief Summary of Discussion on Examination Preparation (a) Preparing Your Physical Space for the Examination . In general, see AFM Chapter 15 for a discussion of how the physical space (your office) should be organized in preparation for interviews. Note, however, that since annotations to the Form N- 400 made during naturalization interviews are required to be made in red ink, you must also maintain a supply of red ink pens in your office. (b) Files to Review in Preparation for the Examination. Spend the bulk of your preparation time reviewing the written information in the applicant’s A-file or, if relevant, the applicant’s T-file. Thoroughly reviewing applicant files will help you determine what questions to ask during the examination. (1) A-File Contents . The A-file is the record of the applicant’s interaction with USCIS. For more information about the maintenance of A-files, see Chapter 3 of the Records Operation Handbook . The file should include the following information: N–400: Application for Naturalization; Documents that will show how the applicant became a lawful permanent resident;

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Page 1: Adjudicator’s Field Manual 72.2 Examination Preparation ... · • N–650B: N–400 Adjudication Processing Worksheet (1) N–400: Application for Naturalization

Adjudicator’s Field Manual 72.2 Examination Preparation. (a) Preparing Your Physical Space for the Examination (b) Files to Review in Preparation for the Examination (c) Determining How an Applicant Acquired Lawful Permanent Resident Status (d) Important Forms to Review in Preparation for the Examination (e) Databases You May Need to Search as Part of Your Examination Preparation (f) Forms You Should Have Available During the Examination (g) Resources to Help You Detect Fraudulent Documents (h) Other Source Materials to Help You Stay Current With International Issues (i) Equipment Used During the Examination (j) Brief Summary of Discussion on Examination Preparation (a) Preparing Your Physical Space for the Examination . In general, see AFM Chapter 15 for a discussion of how the physical space (your office) should be organized in preparation for interviews. Note, however, that since annotations to the Form N-400 made during naturalization interviews are required to be made in red ink, you must also maintain a supply of red ink pens in your office. (b) Files to Review in Preparation for the Examination. Spend the bulk of your preparation time reviewing the written information in the applicant’s A-file or, if relevant, the applicant’s T-file. Thoroughly reviewing applicant files will help you determine what questions to ask during the examination. (1) A-File Contents . The A-file is the record of the applicant’s interaction with USCIS. For more information about the maintenance of A-files, see Chapter 3 of the Records Operation Handbook . The file should include the following information: • N–400: Application for Naturalization; • Documents that will show how the applicant became a lawful permanent resident;

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• Other applications or forms submitted by the applicant; • Memos and processing forms executed by other officials that may be useful in developing questions to address the applicant’s eligibility for citizenship; • Correspondence between the Service or USCIS and the applicant; and • Other materials such as ‘rap’ sheets, letters from former spouses, correspondence from other agencies, investigative reports from within DHS or from other agencies, etc. (2) Purpose of Review of the A-file . Reviewing the A-file will help you: • Determine how you should structure your examination; • Determine what questions you should ask; • Determine whether an applicant was eligible for Lawful Permanent Resident (LPR) status when it was granted; • Determine whether the applicant could have acquired or derived citizenship; • Prepare to determine whether an applicant is eligible for naturalization; • Determine whether an applicant is applying for a disability exception or is eligible for a special accommodation; • Determine if the applicant has a relating A or T file that has not been consolidated into the existing file; • Ensure that you have a proper understanding of the facts and circumstances in the case; • Identify documents that the applicant should present as a result of a “Complete File Review” (discussed below) request for documents; and • Determine whether the applicant is in removal proceedings, which would render him or her ineligible for naturalization. (3) Procedures for A-file Review . Do not begin an examination, even though time may be limited, until you have reviewed the A-file. Your review should prepare you to address all pertinent issues during the examination, thus avoiding the need to recall the applicant for further questioning on an issue that could have been covered during the initial examination. (It is important to remember that reviewing the file only begins the examination process. Sometimes issues will arise during the examination that cannot be identified during the file review.)

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If complex issues are involved, you may need to prepare an outline of the logical sequence of questioning to be followed, the information to be developed, and the evidence to be utilized. Also, marking with paper clips or removable self-stick notes (or other means that do not damage or alter documents) those materials that raise important questions about the applicant's eligibility may help you easily find the materials when you conduct the examination. (4) Complete File Review Process . The Complete File Review (CFR) process was designed to improve the efficiency of N-400 processing by ensuring that you have a complete file at the time of adjudicating the application. After the N-400 is filed, an Immigration Information Officer (IIO) reviews the application and the A-file (or qualifying T-file) to identify additional documents needed to adjudicate the application. If it appears that documents are needed; the IIO will send a request letter to the applicant (and attorney of record if a valid G-28 was filed) containing a list of documents the applicant must provide during the examination. A copy of the request letter will be placed in the file. In cases where documents are not required, the file copy will be blank, with “No Letter Necessary” printed where the applicant’s name and address would normally be. You will need to review the document request letter so that you know what documents were requested. This will help you focus on issues that you should explore during the examination. (For mor e information about the CFR process, see Policy Memo 55, dated July 29,1999, and located in Appendix 72-12 ). (5) The T-File . In the majority of cases, you will have an applicant's A-file. If the A-file is unavailable, you may in some circumstances conduct examinations with a temporary file (T-file), which usually contains the application under adjudication, supporting documentation, and other forms relevant to the application. For more information about how to adjudicate cases involving T-files, see NQP4, located in Appendix 72-1 of this manual. (c) Determining How an Applicant Acquired Lawful Permanent Resident Status . The vast majority of applicants for naturalization must have been admitted to the United States as Lawful Permanent Residents (LPRs) (see section 316(a)(1) of the Act). Some applicants do not have to meet this requirement. [See Chapter 73.1.] As part of your preparation, you should determine how the applicant acquired LPR status or if the applicant is exempted from this requirement so that during the examination you can determine whether the applicant was lawfully admitted to the United States. If an applic ant did not acquire the required LPR status, his or her application can be denied under section 318 of the Act. For a complete discussion on the acquisition of LPR status review Chapters 20-26 of this manual. If the applicant applied for permanent resident status in the United States, the A-file usually will contain Form I-485, Application to Register Permanent Residence or Adjust Status. The file should also contain Form I–181, Memorandum of Creation of Record of Lawful Permanent Residence, which will provide the classification code and the date on which the applicant acquired LPR status. You should also review the visa petition, including information regarding related A-files, and correct names and birth dates because names and dates of birth are sometimes incorrectly documented on the I-551 or I-181 and any other supporting documentation. If the applicant applied for an immigrant visa outside the United States and was admitted to the

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United States for lawful permanent residence at a port of entry, the A-file should contain the applicant's immigrant visa, which will provide the classification code and date the applicant acquired LPR status. Also review the visa application, the supporting visa petition, and other relating documentation. Your review should include a check for related A-files listed on the visa or in the visa packet and visa petition, and names and birth dates should be compared. Sometimes names and dates of birth have been incorrectly entered on the permanent resident card. To determine the relationship between the classification code and the section of law under which the applicant acquired LPR status see Chapter 20 through Chapter 26 of this manual. See also the immigrant and adjustment code list in the Statistics Handbook, Demographics Section. Even if the applicant did not lawfully obtain resident status you should still conduct the examination because you may uncover other areas in which the applicant did not meet an eligibility requirement. These facts should also be included in your denial. (d) Important Forms to Review in Preparation for the Examination . You should review several important forms that may be found within the A-file or T-file: • N-400: Application for Naturalization • G–28: Notice of Entry of Appearance (if present) • G-325B: Biographic Information and N-426: Request for Certification of Military or Naval Service (for military applicants) • N-470: Application to Preserve Residence for Naturalization Purpose (if present) • N-648: Medical Certification for Disability Exceptions (if present) • N-648B: Notice of Incomplete N-648 Medical Certification Disability Exceptions (if present) • I-862 or I-221: Notice to Appear, Order to Show Cause, and Removal Order (if present) • Fingerprint rap sheets • N–650 or N–650A: N–400 Clerical Processing Worksheets • N–650B: N–400 Adjudication Processing Worksheet (1) N–400: Application for Naturalization . The N–400, which every applicant for naturalization must complete, contains questions designed to elicit the relevant information needed to establish an applicant’s eligibility for naturalization. This includes the: • Applicant’s residence and physical presence [See Chapter 73 and section 316(a) of the Act]; • Applicant’s good moral character [See Chapter 73.6 and section 316(a) of the Act]; • Applicant’s attachment to the principles of the U.S. Constitution [See Chapter 73.7 and section 316(a) of the Act];

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• Applicant’s understanding of the English language and the history and the principles and form of government of the United States [See Chapter 73.8 and section 312 of the Act]. You should ask additional questions during the examination to make a final determination about eligibility. For a complete discussion of each question on the N-400, see Chapter 72.3 of this manual. Before the examination, review the N–400 to help determine which areas to focus on during the examination. While Chapter 72.3 provides you with a comprehensive review of the N–400, the following specific areas are particularly important to review before the examination: (A) Application Fees . Before the examination, each applicant must have either paid his or her application fee or been granted a fee waiver in accordance with 8 CFR 103.7(c). Check the right side of the application for the fee receipt stamp, a service center-endorsed bar code label with fee receipt (for direct-mail applications), or a fee waiver. If the stamp or waiver is not present, ask the applicant at the time of the examination for Form I–797C, Notice of Action. If the applicant cannot provide Form I–797C or evidence of a fe e waiver, do not conduct the examination until you speak with your supervisor. (B) Exceptions to English Literacy and Civics/History Requirements . While most applicants will be required to meet the English literacy and civics/history requirements, there are some exceptions to these requirements. See Chapter 74.2(c)(9) for the specific exceptions to each. Before conducting the examination, review the information in the file to determine whether the applicant may qualify for an exception. Both Form N–400 and Form I-551, Permanent Residence Card (PRC) will contain the applicant's date of birth and the date the applicant became a legal permanent resident. If it appears that the applicant may not need to meet the English literacy and civics/history requirements, or is eligible for a special consideration, prepare questions for the examination that would verify this exception. A person who is over 50 years old on the date of filing the application for naturalization and has been living in the United States for periods totaling at least 20 years after a lawful admission for permanent residence is eligible for an English literacy exception. A person who is over 55 years old on the date of filing the application for naturalization and has been living in the United States for periods totaling 15 years after a lawful admission for permanent residence, is eligible for an English literacy exception. A person who is over 65 years old on the date of filing the application for naturalization and has been living in the United States for periods totaling at least 20 years after a lawful admission for permanent residence is eligible for special consideration (a modified civics examination based on a set of 25 questions). [See Appendix 74-12, Policy Memo #73 dated 12/26/2000.] A person who, because of a medically determinable physical or developmental disability or a mental impairment that is expected to last at least 12 months, is unable to demonstrate an ability to read, write, or speak the English language or demonstrate a knowledge and understanding of the fundamentals of the history and the principles and form of government of

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the United States, is eligible for exceptions to both the reading, writing, speaking, and understanding English requirement and the civics requirement . To establish such a disability, the applicant must file Form N–648, Medical Certification for Disability Exceptions, which should be found in the file or presented at an examination. For a more complete discussion of the disability exceptions refer to section 312 of the Act, Chapter 73.8 of this manual, and Appendix 72-13, Policy Memo #47 dated April 7, 1999. In part, the term "medically determinable" means an impairment resulting from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques to have resulted in functioning so impaired as to render the person unable to demonstrate the knowledge required by section 312. [See also 8 CFR 312.1(b)(3) and 8 CFR 312.2(b) .] (C) Exemption from Residency and Physical Presence Requirements . Depending on the section of law under which the applicant filed his or her N-400, he or she may be exempted from, or have modified, residency/physical presence requirements. This information will be found in the basis for eligibility section of the N–400. Specifically, if an applicant filed under section 316(a), he or she must meet all residency/physical presence requirements. However, if an applicant filed under sections 319, 328, or 329, he or she may be exempted from some of these requirements. For a com plete discussion of exemptions from the residency or physical presence requirements, see 8 CFR 316(b), 317, 319, 324, 325, 326, 327, 328, 329, or 330 and Chapters 73.1–73.5 of this manual. (D) Good Moral Character . All applicants are required to demonstrate good moral character (GMC), described in Chapter 73.6 of this manual. The additional information section of the N–400 (Part 7) addresses issues that could affect applicant's eligibility, including the good moral character requirement. Review this part of the application very carefully to ensure that the applicant has answered all of the questions in this section of the N-400. If the applicant has answered "Yes" to any questions, and has provided an explanation unde r a separate cover, review the explanation, which should be attached to the application, before the examination. [See Appendix 72-12, Policy Memorandum #55 dated July 29, 1999 and Chapters 72.3 and 73.6 of this manual.] In addition to these questions on the N–400, review the following other areas pertaining to good moral character before the examination: • Criminal Background Check . Before a naturalization examination can occur, the Federal Bureau of Investigation (FBI) must conduct a background check of the applicant's criminal history. This background check is based on the applicant’s FD-258, Fingerprint Card prepared by USCIS or a designated State or local law enforcement agency registered with USCIS. [See Policy Memo #32 in Appendix 72-18.] Fingerprint checks are now conducted electronically, if possible. An applicant charged and/or convicted of one or more crimes either during or outside the statutory period may be found to lack good moral character. You should review the questions on the N–400 that ask the applicant about his or her criminal history. Indeed, some crimes are permanent bars to naturalization (e.g., murder at any time or aggravated felonies with a conviction on or after November 29, 1990). For a list of acts demonstrating a lack of good moral character, see 8 CFR 316.10 . See also section 101(a)(43) of the Act for a list of aggravated felonies and Chapter 73.6 which deals with good moral character.

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• G-325 Biographic Information . A criminal background investigation must be conducted on applicant name checks before a naturalization examination can occur. Previously, information that was extracted from Form G-325, which was completed by applicants and submitted with the N-400, was used by other agencies to conduct the name checks. The G-325 is no longer used in connection with the N-400 background name checks. The information that was previously taken from the G-325 is now taken from the N-400 and sent electronically to the other ag encies to be used to conduct name checks. For more information on the procedures that are followed when a name check “hit” is identified and the processing of Form G-325 when used with other applications, see policy memorandum: Transition and Revised Processing Procedures for FBI Biographic Name Check (G-325 or G-325A) located in Appendix 72-14. (E) Attachment . Under section 316(a)(3) of the Act and 8 CFR 316.11, an applicant for naturalization must establish that during the statutory period, he or she has been, and continues to be, attached to the principles of the Constitution of the United States and favorably disposed toward the good order and happiness of the United States. "Attachment" implies a depth of conviction that would lead to active support of the Constitution. "Attachment" and "favorable disposition" relate to a mental attitude and contemplate the e xclusion from citizenship of an applicant who is hostile to the basic form of government of the United States. Two areas in the N-400, the modified oath and Selective Service, pertain to attachment; review them before conducting the examination: • Modified Oath . Before you begin the examination, review the questions on the N-400 addressing the applicant’s allegiance to the United States. Most applicants will check "Yes" to all of these questions. In some cases, however, an applicant will check "No" to these questions, indicating that he or she is unwilling to bear arms on behalf of the United States or is unwilling to perform noncombatant services in the armed forces of the United States. An applicant who cannot promise to bear arms or perform noncombatant services in the armed forces of the United States because of religious training and belief may be allowed to take a modified oath. If an applicant has checked "No" to any of these questions, discuss this issue with him or her during the examination. Also, the applicant may have to provide documentation to establish eligibility for the modified oath. To determine whether an applicant is eligible for a modified oath, see Chapter 73.7. [See a lso 8 CFR 316.11 and sections 316(a)(3) and 337 of the Act.] • Selective Service Registration . Under section 316(a)(3) of the Act an applicant for naturalization must demonstrate that during the statutory period, he or she has been, and continues to be, attached to the principles of the Constitution of the United States and is favorably disposed toward the good order and happiness of the United States. For most males, registering for Selective Service is required in order to demonstrate an attachment to the Constitution. See Chapter 73.7. Male applicants who lived in the United States (in any status other than as a lawful nonimmigrant) at any time between their 18th and 26th birthdays must be registered with the

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Selective Service System. Males who first entered the United States after they turned 26 years old are exempt from the requirement to register. Except for aliens maintaining lawful nonimmigrant status, the Military Selective Service Act requires all males born after 1959 who are 18 years old, but not yet 26 years old, and who are residing in the United States to register with the Selective Service (50 U.S.C. app. 453). Members of the National Guard and Reserve Forces not on full-time active duty must also register. Parolees, refugees, and applicants for asylum are considered to be residents of the United States and therefore must register. Check the N–400 to ensure that any male applicant born in 1960 or later who became a lawfully admitted permanent resident before his 26 th birthday has provided evidence of having registered for the Selective Service. In reviewing the application, ensure that this applicant has answered the question on the N-400 that asks if the applicant has registered for the Selective Service and provided the registration information requested. Specifically, he must also provide a Selective Service number and the date of his registration. When the application does not contain this information, you must develop questions to address this issue. Four categories of applicants are exempt from Selective Service registration: -- Females -- Lawfully admitted nonimmigrant aliens (e.g., diplomatic and consular personnel and their families, foreign students, and tourists), because they are residing in this country temporarily. -- Men who are required to register but are currently unable to register because of circumstances beyond their control, such as being hospitalized, institutionalized, or incarcerated. However, they must register within 30 days after their release. -- Members of the Armed Forces on full-time active duty. This exemption also applies to cadets and midshipmen at the U.S. service academies and to students in the Officer Procurement Programs at the Citadel, North Georgia College and State University, Norwich University, Virginia Military Institute, Texas A & M University, and Virginia Polytechnic Institute and State University. However, upon release from active duty, these individuals must register within 30 days if they are not yet 26 years old and have not already registered and were not exempt during the entire period. See the Selective Service System’s Internet site: www.sss.gov. If, in your review of the file, it appears that the applicant should have registered for Selective Service, but did not, see Chapters 73.7 and 74.2(g)(5) of this manual, and Policy Memo #52, located in Appendix 72-15 . (F) Signature . Part 11 of the N–400 should be properly completed and signed by the applicant in his or her true and complete name. If you notice that the applicant has not properly signed the form, make sure that he or she does so during the examination. (G) Discrepancies Between the A-File and N–400 .

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Compare the information on the N–400 with all other information in the A-file to ensure that no discrepancies exist. For example, did the applicant fail to list on the N–400 the names of children who were claimed on prior applications? Or did the applicant list on the N–400 the names of children who were not claimed on prior applications? If you determine discrepancies, prepare a list of questions, mark the relevant documents with paper clips or removable self-stick notes and be sure to ask about these disc repancies during the examination. Discrepancies must be resolved during the examination, and if not satisfactorily resolved, you should plan to take a sworn statement and/or write a memo to the file. (2) G–28: Notice of Entry of Appearance as Attorney or Representative . An applicant has the right to be represented by an attorney, but without expense to USCIS. When Form G-28, Notice of Entry of Appearance as Attorney or Representative, is submitted by an attorney or other recognized representative on behalf of an applicant, review it very carefully to ensure that it has been properly executed. Specifically, both the applicant and the attorney must properly sign the form. Also verify whether an applicant’s G–28 pertains to naturalization or to all matters pending before USCI S. An improperly filed G–28 could forfeit an applicant’s right to have an attorney present during the examination process [8 CFR 292]. For more information on the role of an attorney during the examination, link to Chapters 12, 15.8 and 72.3 of this manual. (3) N-426, Request for Certification of Military or Naval Service. [Revised 1/24/2011; PM-602-0027, AD10-42]

An applicant who is filing under section 328 or 329 of the Act must submit Form N-426, Request for Certification of Military or Naval Service (see 8 CFR 328.4, 329.4(a)). Form N-426 confirms whether the applicant served in an active duty status or within the Selected Reserve of the Ready Reserve, honorably or otherwise, and whether he or she has ever been excused or released from military service based on a claim of alienage. The military completes Form N-426 by certifying military service from official records and the Form is submitted to USCIS with the Application for Naturalization. Note that veterans of the Armed Forces who were issued DD Form 214, Certificate of Release or Discharge from Active Duty, are permitted to submit DD Form 214 along with an uncertified Form N-426. Although National Guard members with active duty service may be issued DD Form 214, they are also issued NGB Form 22, National Guard Report of Separation and Record of Service at the time of separation. NGB Form 22 is a certification of National Guard service that captures the dates and character of service (type of discharge). Accordingly, National Guard veterans who were issued NGB Form 22 are permitted to submit that form along with an uncertified Form N-426, to prove qualifying military service. Both DD Form 214 and NGB Form 22 are certifications of military service. USCIS will accept a completed but uncertified Form N-426 submitted by an applicant filing for naturalization under section 328 or 329 who has separated from the Armed Forces so long as all of the following conditions are met:

1. The applicant is separated from the Armed Forces at the time of filing Form N-400;

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2. The applicant submitted a photocopy of his or her DD Form 214, Certificate of Release or Discharge from Active Duty (or photocopies of multiple DD Form 214s), or a photocopy of his or her NGB Form 22, National Guard Report of Separation and Record of Service (or photocopies of multiple NGB Form 22s) that list the eligible period(s) of service (such service should also be listed on Form N-426): and

3. The DD Form 214 or NGB Form 22 contains information on the type of separation and character of service (such information is most likely found on page "Member-4" of DD Form 214 or Block 24 of NGB Form 22).

The NSC may request additional verification if needed to verify military service.

Note: NGB Form 22 is issued to National Guard members who have served in the Selected Reserve of the Ready Reserve. Conversely, NGB Form 22b, Army National Guard Recruit Force Pool Report, is issued to National Guard members who never serve in the Selected Reserve; therefore USCIS will not accept NGB Form 22b as certification of Selected Reserve service. See April 29, 2009 Policy Memorandum, Acceptance of DD Form 214 as Certification of Military or Naval Service for Veterans of the Armed Forces and January 24, 2011 Policy Memorandum, Eligibility for Members of the National Guard of the United States to Naturalize under Section 329 of the Immigration and Nationality Act and Acceptance of NGB Form 22 as Certification of Military Service for National Guard Veterans. (4) N-470: Application to Preserve Residence for Naturalization Purposes . The Application to Preserve Residence for Naturalization Purposes is filed by applicants who expect to be absent from the United States for a continuous period of one year or more and who are engaged in certain types of employment. The applicant uses the form to request permission to be absent from the United States without breaking his or her residence. If the application is approved, the spouse and dependent unmarried sons and daughters who are members of the same household will qualify for the same benef its for the period that they were residing abroad as dependent members of the household of the N-470 applicant. To be eligible to obtain permission, the applicant must first have been physically present in the United States for an uninterrupted period of at least one-year after his or her lawful admission for permanent residence. People working for an international organization cannot obtain approval of an N-470 on the basis of employment with the same organization by which they were employed at any time be fore they were admitted for LPR. For example, if an applicant was employed by the World Bank and then became an LPR, he/she cannot obtain approval of an N-470 for absences from the U.S. as a World Bank employee. The application must be filed before the applicant has been absent from the United States for a continuous period of one year. If the applicant is granted permission to be absent for a year or more, his or her residence remains unbroken. The applicant must still meet the 30-month physical presence r equirement for naturalization. However, those applicants who are employed by or under contract with the government of the United States can count all their absences caused by the employment on which their N-470 was based as residence in the United States. See section 316(b) of the Act and 8 CFR 316.5 .

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An applicant who is authorized to perform ministerial or priestly functions of a religious organization which has an organization in the United States may request that their time outside of the United States performing duties connected with the religious organization be counted as physical presence and residence in the United States. These applicants: • may complete the one-year uninterrupted physical presence before or after being absent from the United States; • must complete one full year of uninterrupted physical presence in the United States before filing the application for preservation of residence. Once the N-470 is approved, all absences from the United States for the purpose of carrying out the religious functions or ministry since the time that he or she was lawfully admitted for permanent residence are retroactively considered to have been residing in and physically present in the United States. [See section 317 of the Act, 8 CFR 316.5(d) and Matter of Graves , 19 I&N Dec. 337). (5) Adjudication Guidelines for the Form N-648 Waiver (A) Submission and Validity of the Form N-648 8 CFR 312.2(b)(2) i ndicates that Form N-648 must be submitted as an attachment to the applicant’s Form N-400 , Application for Naturalization. Notwithstanding, USCIS routinely encounters instances where USCIS has not required the submission of more than one Form N-648 and yet the N-400 applicant submits multiple Form N-648s upon and after initially filing his or her N-400. This practice can cast doubt on the credibility of the applicant’s claim to the disability exception, especially if the adjudicator discovers discrepancies between and among the N-648s. The submission of Form N-648 after the filing of the Form N-4 00 or the submission of multiple Form N-648s is not, by itself, sufficient grounds to reject a request for an exception to the English and/or ’’’’U.S.’’ history and government requirements. However, the submission of late or multiple Form N-648s may be considered in determining whether there are credible doubts about the veracity of the medical certification or justify additional scrutiny to ensure the applicant is entitled to the exception unless there is evidence of changed facts or circumstances that wou ld explain the basis for filing multiple forms . In addition, USCIS reserves the right to require the submission of additional N-648s, if there are credible doubts about the veracity of the medical certification. A properly submitted Form N-648 will remain valid indefinitely unless the adjudicator determines that the N-400 applicant doesn’t qualify for the exemption. (B) Successful Completion of English Proficiency and/or U.S. History and Government Test(s) during the N-648 Review Process If an applicant submits to or the adjudicator administers the English proficiency and/or U.S. history and government test(s) at any time during the N-648 review process and the applicant passes such test(s), then the applicant will have satisfied the requirements of section 312 of the

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Act. In this instance, the adjudicator should indicate in the record of proceeding that the applicant has passed the required test(s) and that the N-648 is no longer required. (C) Medical Professionals Authorized to Complete the Form N-648 (i) General . Under 8 CFR 312.2 , the following medical professionals who are licensed to practice in the United States (including Guam, Puerto Rico, and the Virgin Islands) are eligible to sign a Form N-648 diagnosis and medical opinion on behalf of an applicant: 1) medical doctors, 2) doctors of osteopathy, and 3) clinical psychologists. The medical professional must certify under penalty of perjury that his or her statements are true and correct and agree to the release of all pertinent medical records upon consent of the applicant and as requested by USCIS. (ii) Role of the Medical Professional . The medical professional completing the Form N-648 must have general experience in the area of the applicant's disability and must be qualified to diagnose the applicant's disability and/or impairment(s). A doctor who is a general practitioner and not a specialist may complete the form if his or her experience or other qualifications permit him or her to make the disability and/or impairment(s) assessment. The medical professional must also be able to attest to the origin, nature, and extent of the medical condition and explain how the medical condition affects the applicant’s ability to demonstrate English proficiency and/or knowledge of ’’’’U.S.’’ history and government. In particular, the medical professional should establish and certify the applicant’s diagnosis, explaining in plain English and layman’s terms how the medical professional diagnosed the anatomical, physiological, or psychological impairment and explaining how the diagnosed condition affects the applicant’s ability to learn or demonstrate English proficiency and/or knowledge of U.S. history and government. The medical professional should also cite the medically acceptable clinical or laboratory diagnostic tests or other diagnostic methods used and the results and conclusions drawn from these diagnostic tests which assisted the medical professional in reaching the definitive diagnosis. (D) Role of the Adjudicator in Reviewing Form N-648 (i) Primary Focus of the Adjudicator . The adjudicator is responsible for determining whether the applicant meets the requirements of section 312 of the Immigration and Nationality Act. In reviewing the Form N-648 , the adjudicator’s role is to determine whether the Form N-648 contains sufficient information to establish that the applicant is eligible for a disability exception. Therefore, the adjudicator should focus on determining whether the medical professional has established and documented the nature and extent of the diagnosed medical condition and how the applicant’s diagnosed condition has impaired functioning so severely that it has rendered applicant unable to learn or demonstrate knowledge of English and/ or ’’’’United States’’ history and government.

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To this end, the adjudicator must ensure that the Form N-648 contains: • An explanation of the origin, nature, and extent of the medical condition which is established and documented by medically acceptable clinical or laboratory diagnostic techniques , including a list of the medically acceptable clinical or laboratory diagnostic tests used in diagnosing the condition. • An explanation of how the applicant’s diagnosed medical condition or impairment so severely affects the applicant that it renders him/her unable to learn or demonstrate knowledge of English and/or ’’’’United States’’ history and government. • An attestation that the disability has lasted, or is expected to last, 12 months or longer; and • An attestation that the disability is not the direct effect of the illegal use of drugs. (ii) Making Medical Determinations . The adjudicator is not a physician and should not be placed in the position of making a medical determination. Accordingly, the adjudicator should not : • Require or recommend that an applicant complete specific medical, clinical, or laboratory diagnostic techniques, tests, or methods; • Develop and substitute his or her own diagnosis of the applicant’s medical condition in lieu of the medical professional’s diagnosis; • Use questionnaires or tests to challenge each applicant’s diagnosed medical condition as a routine practice; and • Request or require an applicant’s medical records solely to question whether there was a proper basis for the medical professional’s diagnosis. (iii) Questioning the Veracity of the Medical Certification . The adjudicator should assume that the medical professional’s diagnosis is valid unless there is credible doubt about the veracity of the medical certification. As a general rule, USCIS does not want an applicant with a disability to submit extensive medical reports or medical background information regarding the applicant’s condition.

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Notwithstanding, credible doubts may arise when the adjudicator establishes or has reason to believe that: • The medical professional completing the Form N-648 is under investigation by FDNS, Immigration and Customs Enforcement, or other law enforcement agency, or a state medical board; • The medical professional has a pattern of submitting Form N-648 with similar or “boiler plate” language that does not appear to reflect a case-specific analysis; • Form N-648 was submitted more than six (6) months after it was completed by the medical professional; • Form N-648 was completed by someone other than the certifying medical professional; • Evidence in the record or other credible information available to the adjudicator indicates fraud or willful misrepresentation ; • The medical professional failed to conduct a personal examination of the applicant in the course of diagnosing the applicant’s medical condition; or • The medical professional neglected to conduct specific medical, clinical, or laboratory diagnostic techniques that are considered standard methods in diagnosing the applicant’s medical condition. If the adjudicator finds or has reason to believe the medical determination is suspect at the time of the naturalization interview, the adjudicator may question the applicant about the facts pertaining to the applicant’s medical care, job duties, community and civic affairs, and/or other daily living activities. In particular, the adjudicator’s line of inquiry should focus on eliciting facts about the applicant’s activities and conduct, which may reveal the applicant’s functional capacity or inability to de monstrate English proficiency and/or knowledge of ’’’’U.S.’’ history and government. If the applicant’s conduct and responses are inconsistent with the description of the applicant’s diagnosed condition as described on the Form N-648 and other supporting documentation, the adjudicator may have a justifiable basis for doubting the authenticity of the medical determination. If the adjudicator has credible doubts about the veracity of the medical certification, the adjudicator should refer to (E)(5)(c) below for guidance on requesting medical records and requiring a supplemental disability determination.

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(iv) Maintaining a Point-of-Contact (POC) for N-648 Process . To facilitate communication with USCIS external customers and stakeholders, each district or field office should maintain a point-of-contact (POC) for the N-648 program. Such POC may be an adjudicator with expert knowledge of N-648 adjudications or a supervisory adjudications officer who is responsible for administration of the N-648 program within the district or field office. The POC will be responsible for overseeing N-648 training and quality assurance within the district or field office and conducting liaison with community-based organizations, medical associations, and medical professionals interested in the N-648 process. (E) Review of Form N-648 (i) Completion of Form N-648 . An adjudicator must first review the Form N-648 to ensure that it is properly completed. (ii) Nexus between Medical Impairment and Applicant’s Ability to Learn or Demonstrate English Proficiency and/or Knowledge of ’’United States’’ history and government . The adjudicator must evaluate each Form N-648 individually and determine, based on all the information, whether the applicant has proven by preponderance of evidence that the anatomical, physiological, or psychological abnormality described has so severely impaired the applicant’s functioning that the applicant is unable to demonstrate English proficiency and/or knowledge of U.S. history and government. Consequently, the adjudicator should focus on determining whether the medical professional has established the connection between the nature and extent of the diagnosed medical condition and the applicant’s inability to demonstrate English proficiency and/or knowledge of ’’’’U.S.’’ history and government. Accordingly, Form N-648 must include a sufficiently thorough explanation in plain English and layman’s terms of (a) how the medical professional diagnosed the disability or impairment, and (b) how the diagnosed disability or impairment renders the applicant unable to demonstrate English proficiency and/or knowledge of ’’’’U.S.’’ history and government. The adjudicative standards used to evaluate disability exceptions under section 312 of the Act apply to any mental impairments cited on Form N-648. Advanced aging, in and of itself, is not a medically determinable physical or developmental disability or mental impairment. The diagnosed mental disability must result in an impairment of functioning so severe that the applicant is unable to learn or demonstrate English proficiency and/or knowledge of U.S. history and government. (iii) Medical, Clinical, or Laboratory Diagnostic Techniques . There are no key words, phrases, or a specific test that will, by itself, demonstrate a sufficient nexus between the applicant’s medical impairment and the applicant’s ability to learn or demonstrate English proficiency or knowledge or ’’’’U.S.’’ history and government. Likewise, there are no lists of conditions, symptoms, or complications that will always be caused by or linked to certain disabilities or impairments. The medical professional, however, should include

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a list of all medically acceptable clini cal or laboratory diagnostic techniques or other diagnostic methods used and the results and conclusions of these diagnostic tests which assisted the medical professional in determining and concluding that the applicant has a disability that so severely renders him/her unable to learn or unable to demonstrate English proficiency and/or knowledge of U.S. history and government. (iv) Consideration of Federal Agency Reports and Determinations . The adjudicator should consider any authoritative federal agency report or determination in the applicant’s record file that addresses the applicant’s diagnosed medical condition. To illustrate, if the Social Security Administration has granted the applicant a disability benefit based on the applicant’s diagnosed medical condition, then such determination may validate the medical professional’s diagnosis. Likewise, if a Department of State’s report of the applicant’s medical condition is consistent with the medical professional’s diagnosis, then such report may authenticate the applicant’s diagnosed condition. (F) Issuance of Form N-14 to Address the Deficiencies of the N-648 . (i) Discontinued Use of N-648B, Notice of Incomplete N-648 Medical Certifica-tion For Disability Exception . The adjudicator should use Form N-14 in lieu of the N-648B to address deficiencies in the N-648. Use of the N-648B is hereby discontinued. (ii) Clarification of the Medical Professional’s Assessment . If the medical professional’s assessment is unclear and/or if an applicant’s request for a disability exception is otherwise deemed to be insufficient, the adjudicator must request additional information to clarify the assessment and address any deficiencies. Such request may include asking the medical professional to explain the medical, clinical, or laboratory diagnostic techniques used to diagnose the applicant’s medical condition, to explain the applicant’s medical condition in plain English and layman ’s terms, and/or to explain how the applicant’s diagnosed condition renders the applicant unable to demonstrate English proficiency or knowledge of ’’’’U.S.’’ history and government. In the case of minor deficiencies to the Form N-648 , the adjudicator may request additional information without requiring the applicant to submit a new N-648. In the case of major deficiencies, the adjudicator may require the applicant to submit a new N-648. The burden is on the applicant to obtain the information from the medical professional who completed the N-648. (iii) Request for Medical Records and Requirement of Supplemental Disability Determination . USCIS has the authority to request the release of the applicant’s medical records if there is credible doubt as to the veracity of the medical certification. The adjudicator may only request and review medical records to determine the veracity of the certifying medical professional’s claims on the Form N-648 regarding how the medical professional reached the diagnosis, which

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may include verifying the completion and results of any medically acceptable clinical or laboratory diagnostic techniques used to diagnose the impairment. As noted above, the adjudicator may not request medical records solely to question whether there was a proper medical basis for the noted impairment. USCIS also reserves the right to refer the applicant to another authorized medical professional, at the applicant’s expense, when USCIS has credible doubts about the veracity of the medical certification. S ee 8 CFR 312.2(b)(2) . If the adjudicator has credible doubts about the veracity of the medical certification, the adjudicator should seek supervisory guidance and approval as a general practice before requesting the applicant’s medical records. Furthermore, the adjudicator is encouraged to consult with the N-648 supervisory adjudications officer or POC, as needed, before requiring the applicant to complete a supplemental disability determination. If an applicant is required to complete a supplementary disability determination, each district or field office must provide the applicant with the contact information of the appropriate state medical board, which maintains a list of licensed and board-certified medical professionals in the appropriate specialty area, such as psychiatrist, neurologist, or psychologist. See Appendix 72-13 Attachment A and Appendix 72-13 Attachment B . (G) Examination . Under 8 CFR 312.5 , an applicant should receive two opportunities to meet the requirements of section 312 of the Act. If the adjudicator finds that the Form N-648 is insufficient to establish eligibility for an exception from the English and/or U.S. history and government requirements for naturalization, the adjudicator must give the applicant a choice to either proceed with testing or to be rescheduled for re-examination. The adjudicator must explain to the applicant that rescheduling the examination will constitute a refusal to submit to testing, which is considered the equivalent of failing the test for purposes of the two opportunities under 8 CFR 312.5. If the applicant refuses to submit to testing, the adjudicator must note on the application, “Applicant refused testing.” This notation will help to ensure that the applicant is only scheduled for one additional chance to meet the requirements of section 312. If an applicant fails the test or chooses to reschedule, the adjudicator must issue a Form N-14, which must include a detailed explanation of the deficiencies and inconsistencies in the Form N-648 and, if appropriate, request the applicant to obtain another evaluation from an authorized medical specialist for a supplemental determination. The adjudicator must schedule the applicant for re-examination within 45 days of responding to the N-14 or filing the new N-648. If the applicant fails to submit the new N-648, then the adjudicator should proceed with the adjudication based on the N-648 form contained in the applicant’s record file. (H) Denial of N-400 .

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If upon re-examination, the adjudicator determines that an applicant is not eligible for a disability exception and the applicant fails to pass the English and/or U.S. history and government tests, the Form N-400 must be denied. The merits and deficiencies of the Form N-648 may be reviewed in the context of a hearing on the denial of the Form N-400 under section 336 of the Act. An applicant may submit additional documentation for review at the 336 hearing. Every denial that is based in whole or in part on credible doubts about or deficiencies of an N-648 or its supporting certification must explain the reasons why the credible doubts and deficiencies outweigh any favorable medical evidence submitted on the applicant’s behalf. Merely stating that the applicant has failed to meet the requirements for the waiver is insufficient. See 8 CFR 316.14(b)(1) and 8 CFR 336.1(b) . (I) Procedures for Cases of Suspected Fraud Because applicants of an immigrant community commonly seek the care and services of medical professionals who share the same language, culture, ethnicity, and/or nationality, this practice is not, in and of itself, an indication of fraud. If the adjudicator has reason to suspect fraud, the adjudicator should consult with the Office of Fraud Detection and National Security (FDNS) according to the current fraud referral policy. All referrals to FDNS should be based on fraud indicators that can be articulated . After conferring with FDNS and consulting with the appropriate N-648 supervisory adjudications officer or POC, if appropriate, the adjudicator may issue a Form N-14 to the applicant, requiring the applicant to obtain another medical evaluation from an authorized medical professional for a supplemental disability determination. A new Form N-648 must then be completed and filed, and the applicant must be scheduled for re-examination within 45 days of filing the new Form N-648. If Form N-14 is issued for the purpose of obtaining another medical evaluation for supplemental disability determination, the adjudicator must include the contact information for the specific state medical association and category of specialized medical professional that the applicant should contact in order to complete the new Form N-648. The information for the state medical associations and the categories of specialized medical professionals are attach ed in Appendix 72-13 Attachment A and Appendix 72-13 Attachment B . An applicant’s failure to appear at the re-examination or failure to submit a new Form N-648 may result in denial of t he Form N-400 . In the event that FDNS is unable to provide a final response within a period of 120 days from

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the date of the initial interview, the adjudicator should proceed with the adjudication of the application. (J) Reasonable Accommodations and Modifications under the Rehabilitation Act . Section 504 of the Rehabilitation Act of 1973 requires all Federal agencies to make reasonable accommodations for persons with disabilities. As a federal agency, USCIS may not exclude qualified persons with disabilities from its programs or activities based solely on the person's disability. To ensure that persons with disabilities are not excluded from USCIS programs or activities because of their disabilities, the Rehabilitation Act requires USCIS to provide modifications or accommodations that permit qua lified persons with disabilities to have an equal opportunity to participate in its programs. DAOs should refer to the January 21, 2003 policy memo, "Guidance on Making the Naturalization Process Accessible to Applicants with Disabilities," for further guidance on accommodations. See Appendix 72-23 . Accommodations are different from statutory waivers or exceptions. If an applicant receives a waiver, that applicant is exempted from meeting the specific naturalization requirement for which that waiver is granted. All applicants qualifying for a waiver receive the same relief. For example, all applicants receiving an English test waiver will not have to take the English exam. Existing waivers cover the English and/or U.S. history and government requirements and the Oath of Allegiance. On the other hand, an accommodation is not a waiver but rather a modification of an existing practice or procedure that will enable an applicant with a disability to participate in the naturalization process. The accommodation does not exempt the applicant from the obligation to satisfy the requirement, but modifies the manner in which the applicant demonstrates that he or she meets the requirement. Accommodations are likely to vary according to the nature of the individual's disability. For example, an app licant who is unable to use his or her hands should be permitted to take the U.S. history and government tests orally. An applicant who is unable to speak might receive an accommodation that would allow that applicant to respond to questions on the English and/or U.S. history and government test with a previously agreed upon nonverbal form of assent. Making reasonable accommodations or modifications to the entire naturalization process is our mandate under the Rehabilitation Act of 1973. DAOs are reminded of the need for the utmost courtesy, respect, and sensitivity in adjudicating cases where the applicant requests an accommodation for the Section 312 of the INA requirements. (K) Procedures for Waiver of the Oath of Allegiance .

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Under Section 337 of the INA, as amended, the Oath of Allegiance and attachment requirements may be waived for applicants having a disability or impairment that prevents them from being able to understand the meaning of the oath or to communicate an understanding of the oath requirement. The procedures for conducting examinations and waiving the oath are outlined in the June 30, 2003 Memorandum entitled, "Procedures for Implementing the Waiving of the Oath of Renunciation and Allegiance for the Naturalization of Aliens havi ng Certain Disabilities." See Appendix 72-24 . The requirements for the oath waiver are distinct from the requirements for the English and/or U.S. history and government waiver under section 312 of the INA. While both Section 312 and Section 337 of the Act, as amended, require that the applicant have a "developmental or physical disability or mental impairment," the assessment of a person's ability to meet the oath requirement is different from the assessment of the applicant's ability to learn English and Civics. (6) Notice to Appear, Order to Show Cause, and Removal Order . Before beginning the examination, review the file for materials that would note whether the applicant is in removal proceedings or has been ordered removed from the United States. No applicant can be naturalized if he or she is in removal proceedings or has been ordered removed from the United States. If the applicant is in removal proceedings, a Notice to Appear or an Order to Show Cause should appear in his or her A-file. If the applicant is in removal proceedings, you should continue the case until after the Immigration Judge has issued an order or terminated the proceedings. Except in Section 328 and 329 cases, if the applicant has already been ordered removed, which would be revealed through a written removal order signed by an Immigration Judge, you should deny the application and contact your district’s Deportation Section about the case. This may not apply if the applicant was removed and subsequently reentered with the appropriate waiver and other documents. Consult your local office policy about the specific steps to take if the applicant has been ordered removed. [See se ction 318 of the Act.] (7) Fingerprint Rap Sheets . The rap sheet is the Record of Arrest and Prosecution, and it should be placed under the application on the left side of the file. While different States may have different rap sheet entries, most rap sheets will note the applicant's name at the time of arrest, date and place of birth, the date and location of the arrest, and in some cases, the disposition of the arrest. It may also indicate that the applicant has had a prior immigration violation, and that another related A-file exists. If the applicant ha s another A-file, it must be requested, reviewed, and consolidated into the primary file prior to the adjudication of the application. Appendix 16-2 of the Special Agent’s Field Manual contains a reference guide for various abbreviations found on rap sheets for various arrests.

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The rap sheet must be carefully reviewed during the question development process. Questions must be developed to determine whether the applicant has been a person of good moral character. Applicants convicted of a crime during the statutory period may be found to lack GMC, and conviction of some crimes is a permanent bar to naturalization. [See Chapter 73.6.] At the time of the examination, in addition to the rap sheet, you must ensure that all arrest records and court dispositions, including those which have been dismissed, expunged, diverted, nolle prosequi and "no papered" that are relevant to the adjudication of the N-400 are reviewed before the case is adjudicated. If these records are not present in the file, you must request that the applicant produce them. Adjudicators do not need to request dispositions for minor immigration violations, since the immigration history should be in the file. You must thoroughly review these documents, prior to recommending a decision. In any case in which an applicant has a criminal history, refer to NQP in Appendix 72-1 for more information on how to proceed. [See also 8 CFR 316.10 .] (8) N–650 or N-650A: N–400 Clerical Processing Worksheet . As part of the Naturalization Quality Procedures (NQP) requirements, every file must include the N–650 or the N–650A: N-400 Clerical Processing Worksheet. The service center or your local office should complete the N-400 Clerical Processing Worksheet, but you should review it before the examination. Review the NQP in Appendix 72-1 to learn what to look for on N-650 or N-650A and what steps to take if information is missing. On the N-650A you will find the FBI's response regarding the applicant's criminal background check, unless the applicant was not required to submit fingerprints. To this end, the FBI will send USCIS one of three confirmations:

N = That an applicant does not have an administrative or criminal record

I = That an applicant has an administrative or criminal record

R =

That two properly prepared Form FD–258 fingerprint cards, have been determined unclassifiable for the purpose of conducting a criminal background check and have been rejected [See 8 CFR 335.2(b) .]

For more information about the NQP processing steps surrounding the criminal background check see sections III and IV of NQP in Appendix 72-1. See also the February 16, 1999, memo from William Yates, Processing N–400s with updated or Expired FD–258 Control Numbers , located in Appendix 72-16. For further detailed instructions for accessing and reading information in the FD–258 Tracking System, see the memorandum dated November 21, 1997, signed by Robert K. Bratt, Executive Director.

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(9) N-650B: N–400 Adjudication Processing Worksheet . As part of the NQP4 requirements every file must include the N–650B: Adjudication Processing Worksheet. During the examination, make the required notations to this Adjudication Processing Worksheet to document that all requirements for naturalization were met. Review NQP to learn what to look for on the N–650B and what steps to take to fill it out. See NQP, Sections I and V in Appendix 72-1.] (e) Databases You May Need to Search as Part of Your Examination Preparation . While preparing for the examination, you may find certain databases useful to prepare for the examination. In particular, in most instances an applicant who has had prior involvement with the Service or any DHS component may have other A-files that contain information relevant to establishing eligibility for naturalization. In this situation, you will need to research several databases that contain information on applicants' immigration histories. If you discover that an applicant has another A-file, the f ile must be located and retrieved for review and consolidation. This section will describe the following databases: • Central Index System (USCIS) • Deportable Alien Control System (DACS) • Receipt and A-File Accountability and Control System (RAFACS) • Computer Linked Application Information Management System Version 4.0 (CLAIMS 4.0) and Redesigned Naturalization Application Casework System (RNACS) (1) Central Index System (USCIS) . USCIS contains information about the status of aliens who have entered the United States. USCIS also shows the location of the hard copy A-file and sometimes provides information used by other enforcement operations. Use USCIS when you suspect that an applicant has another A-file that may contain information relevant to establishing his or her eligibility for naturalization. Retrieve any additional A-files and consolidate them into the principal file before the adjudication of the application. [(b)(2) or (b)(7)(E)] (2) Deportable Alien Control System (DACS) .

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DACS supports field casework activity associated with aliens who are detained or placed under docket control for removal proceedings. Use this system when you suspect that an applicant has been ordered removed or is in removal proceedings or has already been removed. An applicant who has been ordered removed, is in removal proceedings or has lost status by having been removed is ineligible for naturalization. (You should also check with whoever issues Notices To Appear (NTA) from your office, as DACS is som etimes not updated immediately). You can also call the Immigration Court Information System to access an automated telephone information system that tracks NTAs and OSCs. For information about DACS, see the DACS Users Manual . (3) Receipt and A-File Accountability and Control System (RAFACS) . RAFACS tracks A-files within the various Files Control Offices (FCOs) or Case Control Offices (CCOs). The system usually uses bar code technology to establish record accountability and to track file location. Each employee and each responsible party filing location is assigned a code number in the RAFACS database. The files are charged to the designated employee or responsible party code upon receipt to ensure accountability of files at all times. In most offices, RAFACS also interfaces with USCIS. All file s located in your work area must be charged to your RAFACS code. If the file leaves your work area, you must update the RAFACs code as "charged out." For information about the RAFACS system, see the RAFACS Users Manual . (4) The Computer Linked Application Information Management System Version 4.0 (CLAIMS 4.0) and the Redesigned Naturalization Application Casework Systems (RNACS) . The Service developed CLAIMS and RNACS to assist in the processing and tracking of applications related to naturalization and the citizenship process. Although both systems are currently in use and some offices may still be using a local system, the CLAIMS 4.0 system will eventually replace RNACS and any other systems being used in order to support the naturalization process more efficiently. These systems maintain case data on applicants and track case status and history. The systems enable USCIS to process cases more efficiently by tracking each case through all aspects of the naturalization and citizenship process, from application submission to case closeout. You will primarily access either of these systems during an examination to record the decision you made on an application. However, during the preparation process, you should also review the applicant's case history to see whether all necessary actions have been performed on the case. In addition, review the applicant's biographical informa tion in the system and compare it with the information contained on the application to be sure that it is correct. It is a good practice in CLAIMS 4 to have the applicant's case open in the system and ready to be updated during the examination. (f) Forms You Should Have Available During the Examination .

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As part of your preparation process, ensure that all relevant naturalization forms are available in your work area. Place Form N–650B (always used) on the right side of the A-file. Adjudicators frequently use the following forms during the examination process; make sure that they are in the work area before the examination: • N–14: Form Letter for Deficient Application • I–263A: Record of Sworn Statement • Record of Sworn Statement (Fingerprints, Missing Permanent Resident Card, T-File) • G–56: General Call-In Letter • N–649: Certificate Preparation Sheet and Oath Declaration • Petition for Name Change • N–445: Notice of Naturalization Oath Ceremony • N–652: Naturalization Interview Result Form • N–35: Spouse Letter (1) N–14: Form Letter for Deficient Application . If you request that the applicant provide additional documentation that would establish eligibility, use the N–14. On the N–14, write out exactly which additional documents the applicant needs to provide or which actions the applicant must take and the date by which the response must be received or actions completed. Give one copy to the attorney or representative (if a G-28 is on file) and to the applicant at the time of the examination or send a copy to the attorney or representative (if a G-28 is on file ) and to the applicant’s last known address. Place the second copy under the Processing Worksheets on the right side of the file. See 8 CFR 335.3.] (2) I–263A: Record of Sworn Statement .

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Under certain circumstances, you may find it necessary to create a detailed record of the examination in the form of a narrative affidavit or a question-and-answer statement. Use the Form I-263A when the information obtained during the examination will be used as the basis for a denial of the application or will constitute the basis for further inquiry. (3) Record of Sworn Statement (Fingerprints), Record of Sworn Statement (Missing Alien Registration Card/Permanent Resident Card), Record of Sworn Statement (T-File) . The Naturalization Quality Procedures (NQP) require you to use these affidavits in certain situations. See NQP4, section V in Appendix 72-1.] (4) G–56: General Call-In Letter . Use the G–56 to notify the applicant when he or she should appear for an examination. (5) N–649: Certificate Preparation Sheet and Oath Declaration . During the examination, the applicant must legibly sign the N–649, Certificate Preparation Sheet and Oath Declaration, acknowledging his or her willingness to take the oath of allegiance required for naturalization. In a case where USCIS determines an applicant to be eligible for a modified oath draw a line through the portions of the oath that do not apply before he or she signs the form. [See 8 CFR 337.1 .] (6) Petition for Name Change . An applicant may request to have his or her name changed. During the examination, the applicant must complete a Petition for Name Change. Use the Petition for Name Change sample form provided in the NQP procedures or the form designated for use by the local state or district court, if different. If the applicant chooses to change his or her name, the Oath of Allegiance must be administered in the court having jurisdiction over the applicant’s place of residence. (7) N–445: Notice of Naturalization Oath Ceremony . The N–445 is a notification of the date of the oath ceremony. It is also a questionnaire to determine whether the applicant has continued to be a person of good moral character, has changed his or her marriage status, and is still attached to the fundamental principles of the

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Constitution of the United States. In some cases, applicants are sworn in weeks after they were examined and approved for citizenship. The N–445 covers the time period between the examination and the time the applicant is administered the oath. However, applicants who are sworn in within hours of the examination should also complete this form. The N-445 contains questions regarding the applicant’s marital status, criminal arrests, organizational memberships, trips outside the United States, and other GMC issues. It also asks about the applicant’s willingness to take the oath of allegiance. Before the ceremony, review the completed and signed form to determine if any derogatory information is revealed that would disqualify the applicant f rom the oath ceremony. After the ceremony, the form is placed in the file. [See 8 CFR 337.2(c) , 337.8(d) .] (8) N–652: Naturalization Interview Result Form . Record the applicant’s examination results on the N–652. These results include the date of the examination, the name of the officer who conducted the examination, current status of the application, and the results of the English/civics test. Complete this form during the examination and give it to the applicant at its conclusion. (9) N-35: Spouse Letter . Use the N-35 when the applicant is divorced or separated from his or her U.S. citizen spouse. The form is sent to the ex-spouse or separated spouse to request information concerning the applicant which may relate to his or her good moral character or lack of good moral character. The form requests information as to whether the applicant failed to pay to his or her ex-spouse any court ordered support payments. (g) Resources to Help You Detect Fraudulent Documents . [(b)(2) or (b)(7)(E)] (h) Other Source Materials to Help You Stay Current With International Issues . To become an effective adjudicator, you must learn as much as possible about the cultures, politics, economics, geography, languages, and religions of the countries from which the applicants come. This information may help you better understand the applicant, and it may ultimately aid you in the question development process. The State Department web site at www.state.gov can be accessed to learn about the history, politics, economy, and geography of most countries in the world. Whenever possible, you should also read newspapers and publications dealing with world issues. (i) Equipment Used During the Examination .

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(1) Video Equipment . You may use a video camera to record your examinations. A video recording may be used as evidence in support of a decision in a case and may also be helpful in your defense against allegations of improper conduct. Ensure that the equipment used to record the examination is functioning properly and that a fresh tape is loaded before the examination. The equipment required to record an examination includes a camera, monitor, tripod, and various cables. The camera records the examination. The monitor helps to center the camera and is used to view a recorded tape. The tripod supports the camera, and the cables connect the monitor to the camera. [See Chapter 11.2 for a discussion of videotape use by adjudicators.] (2) Red Pens . You must make all additions, deletions, annotations, and other changes to N-400 in red ink. As a result, make sure that you have a sufficient supply of red pens at your desk before conducting any examination. [See section V of NQP4 in Appendix 72-1 .] (3) Black Pens . At the end of all completed examinations, you and the applicant must sign your full name and date on the N-400 using a black pen. The applicant must sign and acknowledge that the information on the application, the documents submitted, and the statements provided by the applicant during the examination are true and correct. Your signature is required as an acknowledgment of having received the applicant’s sworn testimony and documents during the examination and as having witnessed the applicant’s signature. (j) Brief Summary of Discussion on Examination Preparation . Having successfully prepared for the interview, you are now ready to interview the applicant. The next step of this chapter will walk you through all the steps necessary to successfully conduct the interview.