USCIS Investigation During a Naturalization Case
Every naturalization application involves government investigation and background review. That does not mean USCIS suspects the applicant of wrongdoing. In some cases, however, the routine review uncovers an inconsistency, criminal record, prior immigration issue, marriage concern, security-related question, or other information that causes USCIS to examine the case more closely before deciding whether the applicant is eligible for U.S. citizenship.
Is Every Naturalization Applicant Investigated?
Yes. Investigation is built into the naturalization process.
INA § 335, codified at 8 U.S.C. § 1446, provides for investigation and examination of applicants for naturalization.
The implementing regulation at 8 C.F.R. § 335.1 likewise directs USCIS to conduct an investigation after an application for naturalization is filed.
Investigation Does Not Automatically Mean Suspicion
Because investigation is required as part of the statutory naturalization process, the mere fact that USCIS performs record checks or background screening does not establish that the agency believes there is fraud, criminal activity, or another problem with the case.
What Does the Naturalization Investigation Include?
The current regulation provides that the investigation must include, at a minimum, review of pertinent records and police department checks.
The regulation also refers to a neighborhood investigation in places where the applicant lived or worked during the preceding five years, while expressly permitting USCIS to waive that neighborhood investigation.
Do Not Assume USCIS Will Visit Your Neighbors
The regulation contains a neighborhood-investigation provision, but it also expressly permits that component to be waived. The existence of § 335.1 should therefore not be interpreted to mean that every N-400 applicant will experience an in-person neighborhood inquiry.
USCIS Conducts Background Checks Before the Naturalization Interview
Naturalization includes criminal background and security screening.
Under 8 C.F.R. § 335.2, USCIS generally schedules the initial naturalization examination only after receiving a definitive response from the FBI that the required full criminal background check has been completed.
USCIS policy also provides for additional interagency criminal background and security checks in naturalization cases.
Identity and Biometrics
Biometrics and identifying information can be used as part of the background and security screening process.
Criminal Background
Criminal-history information may be compared with the applicant's N-400 disclosures and other government records.
Interagency Checks
Naturalization screening is not necessarily limited to information maintained solely within the applicant's USCIS file.
How Can You Tell Whether USCIS Is Looking More Closely at Your Case?
Routine background checks occur in naturalization cases generally. Additional procedural developments can indicate that USCIS has an eligibility issue it has not yet resolved.
| Development | Possible Significance |
|---|---|
| Routine biometrics or background processing | Normal part of naturalization processing and not by itself evidence of an adverse issue. |
| Detailed unexpected interview questions | USCIS may be comparing testimony with another government record or exploring a particular eligibility concern. |
| Decision cannot be made | The officer has not completed adjudication and may require additional evidence, review, or investigation. |
| RFE or written continuance | USCIS has identified an evidentiary deficiency or unresolved issue that the applicant has an opportunity to address. |
| Second interview | USCIS has determined that another examination is needed before the case can be resolved. |
| Questions about old immigration records | USCIS may be examining consistency, lawful permanent residence, fraud, misrepresentation, or another historical eligibility issue. |
| Derogatory information notice | USCIS may have identified adverse information it intends to consider and may provide an opportunity to rebut it. |
What Can Cause Additional Investigation in an N-400 Case?
Criminal History
An arrest, conviction, dismissed case, controlled-substance issue, DUI, domestic incident, or another criminal record may require further review of good moral character or another immigration consequence.
Prior Immigration Inconsistency
A current N-400 answer may conflict with information appearing in an earlier visa, adjustment, asylum, petition, or immigration interview record.
Lawful Permanent Residence
USCIS may examine whether the applicant originally satisfied the legal requirements for permanent residence.
Marriage History
A prior marriage used for immigration purposes, I-751 history, former-spouse information, or inconsistent marriage records can become relevant.
Long or Repeated Travel
Travel may require closer analysis of continuous residence, physical presence, abandonment, employment abroad, or conflicting address history.
Tax or Financial Records
Certain tax filing positions, unpaid obligations, or inconsistencies can become relevant to residence or good moral character questions.
Prior Removal or Border History
An old removal order, expedited removal, visa cancellation, airport statement, or other CBP record may require historical reconstruction.
False Statement Concern
USCIS may investigate whether a prior statement was inaccurate and, where legally relevant, whether the applicant knew it was false when it was made.
Unknown Government Information
A government record unfamiliar to the applicant may prompt additional testimony or documentary development before USCIS reaches a decision.
USCIS Can Compare the N-400 With Older Immigration Records
The naturalization case does not necessarily exist in isolation from the applicant's earlier immigration history.
Information from earlier applications, petitions, interviews, border encounters, criminal matters, and other government records may be relevant when USCIS determines whether the applicant presently satisfies the requirements for naturalization.
Old Information Can Become Important Again
A fact may have appeared in a government file years before the N-400 was filed. If that fact bears on lawful permanent residence, good moral character, residence, attachment, criminal history, or another eligibility requirement, USCIS may examine it during naturalization.
USCIS Has Broad Authority to Examine Naturalization Eligibility
INA § 335 gives designated naturalization officers authority to examine applicants and take testimony concerning matters affecting naturalization eligibility.
Under 8 C.F.R. § 335.2, the naturalization examination encompasses all factors relating to eligibility.
The applicant is questioned under oath or affirmation, and both USCIS and the applicant may present oral or documentary evidence necessary for a full and accurate development of the facts.
The officer may use the examination to clarify dates, compare prior statements, ask about documents, develop an unresolved factual question, or determine whether additional evidence is needed before the application can be decided.
Can USCIS Seek Additional Evidence or Witness Testimony?
Yes. The naturalization examination rules contemplate documentary evidence and, where appropriate, witness testimony.
Section 335.2 also contains subpoena procedures allowing an examining officer, under the circumstances specified in the regulation, to require witness attendance or production of documentary evidence.
A Difficult Naturalization Examination Can Become More Than a Routine Form Review
Although most cases do not require formal witness or subpoena procedures, the governing statute and regulation provide USCIS with tools to develop material facts when an eligibility issue requires further examination.
What You Say During an Investigation Can Become Part of the Naturalization Record
The examination is conducted under oath.
USCIS maintains a record of the examination, and the regulation allows USCIS to make a stenographic, mechanical, electronic, or videotaped transcript or prepare an affidavit covering the applicant's testimony.
Evidence received by the officer is placed into the naturalization record, and statements or depositions taken during an initial or subsequent examination can likewise become part of that record.
An Investigation Can Shape a Later N-336 Case
If USCIS later denies the N-400, the testimony, corrections, documentary evidence, and other materials developed during the examination may become important during administrative review.
Do Not Guess When USCIS Asks About an Old Event
Additional investigation often involves events that occurred many years before the naturalization interview.
The applicant may be asked about an old employer, prior address, marriage, criminal case, visa application, border encounter, trip, or immigration filing that the applicant does not remember precisely.
Accuracy Is More Important Than Producing an Immediate Answer
If a precise fact is genuinely unknown or not remembered, the applicant should not invent a date or explanation merely to satisfy the question. At the same time, lack of present memory should not be converted into a categorical denial that an event occurred.
What if the Investigation Finds Derogatory Information?
Additional investigation can reveal information USCIS considers adverse to the application.
If USCIS intends to rely on previously unknown derogatory information as the basis for an adverse decision, 8 C.F.R. § 103.2(b)(16) generally requires notice and an opportunity to rebut before USCIS makes the decision, subject to the regulation's exceptions.
Can an Investigation Lead to a Second Naturalization Interview?
Yes.
Under 8 C.F.R. § 335.3, USCIS may continue the initial examination for one reexamination rather than immediately grant or deny the application.
When USCIS continues the examination to allow the applicant to overcome deficiencies, the officer must identify in writing the grounds to overcome or evidence to submit.
Before returning, determine what issue remained unresolved after the first examination and what new records, testimony, or legal analysis may be needed to address it.
What Does “A Decision Cannot Yet Be Made” Mean?
It means USCIS has not granted or denied the application at that time.
Depending on the case, additional evidence, supervisory review, investigation, another examination, or resolution of a legal or factual issue may still be required.
Missing Evidence
USCIS may require documents necessary to establish a particular naturalization requirement.
Factual Question
The officer may need additional information before resolving an inconsistency or disputed historical event.
Government Record Review
USCIS may need to review additional records before determining what the evidence establishes.
Legal Analysis
A criminal disposition, prior immigration event, or other record may require further analysis before the agency reaches a legal conclusion.
Additional Examination
USCIS may schedule another interview where further sworn testimony is needed.
Background or Security Matter
A pending or unresolved government check may affect when USCIS is able to complete adjudication.
How Long Can USCIS Continue Reviewing the Case After the Initial Examination?
8 C.F.R. § 335.3 states that USCIS should grant or deny the application at the initial examination or within 120 days after the initial examination.
Federal law also provides a specific district-court remedy under 8 U.S.C. § 1447(b) when USCIS has not made a determination within the statutory period after the examination.
Do Not Treat Every N-400 Delay as the Same Type of Federal Court Case
The availability and strategy of a § 1447(b) action depend on the procedural posture and timing of the naturalization examination. A pre-interview delay is legally different from qualifying post-examination delay.
What Should You Do if Your N-400 Appears to Be Under Additional Investigation?
Determine What Changed
Identify whether the concern arose during the first interview, through an RFE, a second-interview notice, an unexpected question, or another USCIS communication.
Identify the Actual Issue
Determine whether USCIS is examining criminal history, permanent residence, marriage, travel, prior immigration statements, good moral character, or another eligibility requirement.
Obtain the Relevant Records
Review the underlying immigration, criminal, court, travel, marriage, tax, or government records instead of responding from memory alone.
Build the Chronology
Establish what happened, when it happened, what was previously reported to the government, and what documentation exists.
Separate Facts From Immigration Consequences
Even when a historical fact is accurate, determine whether USCIS is applying the correct naturalization or immigration rule to that fact.
Respond to the Specific Concern
Evidence and legal argument should address the issue USCIS is actually investigating rather than overwhelm the record with unrelated favorable documents.
Consider the Downside Risk
If the investigation raises a potential issue concerning lawful permanent residence or removability, evaluate that consequence separately from whether the N-400 can be approved.
Can a FOIA Request Help During a Naturalization Investigation?
Sometimes.
If the issue appears to arise from an older immigration event, a FOIA request may help identify applications, statements, interview records, decisions, correspondence, or other material relevant to the disputed history.
A FOIA Response Is Not Necessarily the Entire Government Universe
Records may be redacted, withheld, maintained by another agency, or otherwise absent from a particular FOIA production. The absence of a document from the response does not by itself prove that the event or government record does not exist.
Does a USCIS Naturalization Investigation Mean You Are Going Into Removal Proceedings?
No.
Additional review of an N-400 is not itself a removal order and does not automatically terminate lawful permanent resident status.
The underlying issue matters. A fact USCIS investigates may affect only naturalization eligibility, or it may raise a separate question concerning removability or whether permanent residence was lawfully obtained.
Naturalization Eligibility and Removal Risk Are Separate Analyses
A careful case review should determine not only whether USCIS can deny citizenship, but also whether the underlying facts create any separate immigration-status consequence.
What Should You Review in the N-400 Denial?
The Factual Finding
What does USCIS say actually happened?
The Supporting Record
What documents, testimony, prior statements, or government records does USCIS rely upon?
The Legal Rule
What statute, regulation, or naturalization requirement does USCIS say the fact violates?
The Applicant's Rebuttal
Did the decision accurately consider the explanation and evidence submitted during adjudication?
Procedural Fairness
If USCIS relied on previously unknown derogatory information, was the applicant given the required opportunity to respond?
Additional Evidence
Determine whether further records or testimony could materially clarify the disputed issue during administrative review.
USCIS Investigations and Naturalization
Does USCIS investigate every N-400 applicant?
Yes. Investigation and background review are built into the naturalization process. The fact that USCIS performs these checks does not itself mean the agency suspects wrongdoing.
What background checks does USCIS perform for naturalization?
Naturalization includes criminal background and security checks. The governing regulation requires a definitive FBI criminal background-check response before the initial naturalization examination is scheduled, and USCIS policy describes additional interagency screening.
Does USCIS check criminal records for citizenship?
Yes. Criminal background review is part of naturalization. Applicants must also answer the N-400 criminal-history questions accurately and provide required documentation.
Does USCIS review my old immigration applications during naturalization?
Earlier immigration records may be relevant when they bear on naturalization eligibility or conflict with information provided during the N-400 process.
Does USCIS investigate how I obtained my green card?
USCIS may examine the history underlying permanent residence because naturalization generally requires lawful admission for permanent residence.
Will USCIS interview my neighbors?
8 C.F.R. § 335.1 refers to neighborhood investigation but expressly allows USCIS to waive that component. The regulation should not be read to mean every N-400 applicant receives an in-person neighborhood investigation.
What does it mean if USCIS says a decision cannot be made after my interview?
It means USCIS has not completed adjudication. Depending on the case, the agency may require additional evidence, examination, investigation, record review, or legal analysis.
Does a second N-400 interview mean I will be denied?
No. A second examination means USCIS has not resolved the case and believes further examination is appropriate. The unresolved issue should be identified before the applicant returns.
Can USCIS investigate a marriage that occurred years ago?
Potentially. If the marriage was relevant to obtaining permanent residence or another immigration benefit, information concerning that history may become material during naturalization.
Can USCIS investigate a criminal case that was dismissed?
Potentially. The significance depends on the disposition, underlying conduct, applicable good moral character rules, and any separate immigration consequence. A dismissal and a conviction are not the same thing.
What if USCIS asks about a government record I have never seen?
Determine exactly what record or allegation USCIS is referencing and avoid guessing. If previously unknown derogatory information will be used as the basis for an adverse decision, the disclosure and rebuttal provisions of 8 C.F.R. § 103.2(b)(16) may become important.
Can I use FOIA to find out what USCIS is investigating?
Sometimes. FOIA can help obtain historical immigration records, but a particular response may not contain every government record relevant to the issue.
Can I bring a lawyer if my N-400 appears to be under investigation?
Yes. The naturalization regulation permits an applicant to request the presence of an attorney or authorized representative who has properly entered an appearance.
Does an investigation mean USCIS will revoke my green card?
No. Investigation of an N-400 does not itself terminate permanent residence. The underlying facts must be analyzed separately to determine whether any immigration-status issue exists.
What if USCIS denies the N-400 after its investigation?
Review the written decision, factual findings, evidence, legal conclusions, and procedural history. An N-336 hearing may allow the applicant to challenge the denial and present additional evidence where appropriate.
How long does USCIS have to decide after the naturalization interview?
8 C.F.R. § 335.3 provides for a decision at the initial examination or within 120 days afterward. When USCIS has not made the required determination after the statutory post-examination period, 8 U.S.C. § 1447(b) provides a specific federal district court mechanism.
N-400 Investigations and Government Records
Difficult N-400 Cases Involving Additional USCIS Review
A complicated naturalization investigation may require reconstruction of old immigration records, criminal documents, marriage history, government interviews, travel, or other evidence before the factual and legal issue can be understood.
Naturalization Investigation and Examination Law
- 8 U.S.C. § 1446 — Investigation of Applicants; Examination of Applications
- 8 C.F.R. § 335.1 — Investigation of Applicant
- 8 C.F.R. § 335.2 — Examination of Applicant
- 8 C.F.R. § 335.3 — Determination; Continuance of Examination
- USCIS Policy Manual — Background and Security Checks
- USCIS Policy Manual — Naturalization Interview
- 8 C.F.R. § 103.2(b)(16) — Derogatory Information and Opportunity to Rebut
Investigation is part of the naturalization process itself and should not automatically be interpreted as evidence that USCIS suspects wrongdoing. Additional procedural developments should be evaluated in context to determine whether USCIS has identified a particular unresolved eligibility issue.
Has Your N-400 Moved Beyond a Routine Citizenship Interview?
A naturalization case review can examine the filed N-400, USCIS notices, prior immigration records, criminal history, marriage and travel records, interview testimony, derogatory information, and the specific factual or legal issue USCIS appears to be investigating.