8 C.F.R. Part 335: Naturalization Examination Regulations
8 C.F.R. Part 335 contains the federal regulations governing the investigation and examination of Form N-400. The regulations address the scope of the naturalization interview, testimony under oath, attorneys, documentary evidence, witnesses, continuances, the 120-day decision period, use of the examination record after denial, derogatory information received before the oath, missed interviews, failure to prosecute, transfer of a pending application, and withdrawal.
What Is Covered by 8 C.F.R. Part 335?
Part 335 is relatively compact, but its individual sections govern several procedural events that can become decisive in a difficult naturalization case.
| Regulation | Subject | Practical Importance |
|---|---|---|
| § 335.1 | Investigation of applicant | Provides for investigation of the naturalization applicant and review of pertinent records after filing. |
| § 335.2 | Examination of applicant | Governs the N-400 examination, questioning under oath, counsel, evidence, witnesses, subpoenas, interpreters, and the examination record. |
| § 335.3 | Decision and continuance | Addresses grant or denial, the 120-day decision period, continuance, one reexamination, and notice of deficiencies. |
| § 335.4 | Use of examination record | Carries the original N-400 examination record into the post-denial hearing process. |
| § 335.5 | Derogatory information after grant | Governs adverse information received after approval but before the Oath of Allegiance. |
| § 335.6 | Failure to appear | Addresses administrative closure, reopening, and abandonment when an applicant misses the examination. |
| § 335.7 | Failure to prosecute | Addresses failure to attend a later required appearance or provide evidence, information, or testimony. |
| § 335.8 | Reserved | The section is presently reserved. |
| § 335.9 | Transfer of application | Addresses transfer when an applicant changes residence while the N-400 is pending. |
| § 335.10 | Withdrawal of application | Governs requests to withdraw Form N-400 and USCIS consent to withdrawal. |
Investigation of the Naturalization Applicant
Part 335 begins with investigation rather than the interview itself. After Form N-400 is filed, USCIS investigates the applicant and reviews records relevant to naturalization eligibility.
The regulation describes review of pertinent records and other investigative activity. The regulatory language also refers to police checks and neighborhood investigation, while permitting waiver of the neighborhood-investigation component.
The Government's Review Can Begin Long Before the Interview
An applicant with a known criminal, immigration, marriage, fraud, residence, voting, citizenship-claim, or other serious issue should not assume that USCIS will learn about the matter only if the applicant raises it at the interview.
The Naturalization Examination
Section 335.2 is one of the most important procedural regulations in naturalization law.
It requires an applicant to appear personally before a designated USCIS officer and provides that the examination must encompass all factors relating to eligibility for naturalization.
The N-400 Interview Is Not Limited to English and Civics
The regulatory scope permits USCIS to examine lawful permanent residence, continuous residence, physical presence, criminal history, good moral character, marriage, tax issues, prior immigration statements, voting, citizenship claims, security questions, and any other issue relevant to the statutory basis for naturalization.
FBI Background Check Before the Initial Examination
Section 335.2 contains a specific background-check requirement tied to scheduling the initial naturalization examination.
The regulation provides that USCIS will notify an applicant to appear for the initial examination only after receiving the specified definitive FBI response concerning completion of the full criminal background check.
The existence of an arrest or criminal record does not itself answer whether the applicant is eligible for citizenship. The exact offense, disposition, sentence, immigration classification, timing, good moral character consequences, and possible removability must be analyzed separately.
The Applicant's Answers Become Evidence
Section 335.2 requires the applicant to be questioned under oath or affirmation in a setting apart from the public.
The officer may correct written N-400 answers so that the application conforms to the applicant's sworn oral statements.
Do Not Guess About a Material Historical Event
An applicant who cannot accurately remember an arrest, immigration filing, border encounter, prior marriage, trip, employment record, voter registration, or other significant event should not create a new sworn factual record through speculation.
The regulation itself anticipates corrections during examination. Whether an inaccurate original answer creates a separate fraud, misrepresentation, or false-testimony issue depends on the facts and the governing legal elements.
An Attorney or Accredited Representative May Attend
Section 335.2 expressly allows an applicant to request the presence of an attorney or representative who has properly entered an appearance.
The applicant remains the witness and must establish eligibility, but counsel can be particularly important where the interview involves a disputed criminal, immigration, marriage, fraud, residence, or other legal issue.
Applicant's Role
The applicant answers factual questions under oath and provides the testimony necessary to establish naturalization eligibility.
Counsel's Role
Counsel can identify the governing legal standard, present relevant evidence, address procedural issues, clarify the legal significance of the record, and help preserve disputed issues.
Part 335 Provides for Oral and Documentary Evidence
Section 335.2 provides both USCIS and the applicant rights to present oral or documentary evidence necessary for a full and true disclosure of the facts.
The regulation also contemplates cross-examination where required by the circumstances.
Applicant Documents
Court records, immigration files, travel records, tax documents, marriage evidence, declarations, and other evidence may be presented when relevant.
Government Evidence
USCIS may rely on material available through the applicant's immigration record, investigation, background checks, and other relevant government sources.
Testimony
The applicant's sworn testimony and, where appropriate, testimony from other witnesses can become part of the administrative record.
Part 335 Contains Formal Evidentiary Procedures
Witnesses may be questioned under oath concerning their credibility, knowledge of the applicant, and knowledge of the applicant's qualifications for naturalization.
Section 335.2 also establishes procedures for subpoenas requiring witness attendance or production of documentary evidence.
An Applicant May Request a Subpoena
A written subpoena request must identify the relevance, materiality, and scope of the requested testimony or documents and affirmatively show that the evidence cannot otherwise be produced. The examining officer must document a refusal to issue a requested subpoena in the record.
What Becomes Part of the Naturalization Record?
Part 335 requires USCIS to maintain a record of the examination. Corrections to the application, supplemental material, evidence, testimony, and other examination materials can become part of the administrative record.
Corrected N-400
Corrections made during the examination are incorporated into the record.
Documentary Evidence
Evidence received by the officer is identified and placed into the record for adjudication.
Statements and Testimony
Depositions, statements, affidavits, transcripts, and other recorded testimony can become part of the file.
The Interview Record Matters if USCIS Later Denies the N-400
The administrative record does not disappear after denial. It can follow the case into the N-336 hearing and become important in any later federal court review.
Part 335 Also Addresses Authorized Interpreter Use
When an interpreter is authorized under the applicable naturalization rules, the examining officer records the interpreter's identity and use.
The regulation also permits a USCIS officer who is proficient in the applicant's native language to conduct the examination in that language with the applicant's consent.
Grant, Denial, or Continuance After the Initial Examination
Section 335.3 addresses what USCIS does after examining the applicant.
Grant
USCIS grants the N-400 if the applicant has satisfied all applicable requirements for naturalization.
Continue
USCIS may continue the initial examination for one reexamination to give the applicant an opportunity to overcome identified deficiencies.
Deny
If the applicant cannot establish the requirements for naturalization, USCIS may deny the application under the procedures governing naturalization denials.
Part 335 Ties the Decision Period to the Initial Examination
Section 335.3 provides for a grant or denial at the initial examination or within 120 days after the date of that initial examination.
USCIS's current Policy Manual likewise states that the agency has 120 days from the initial naturalization interview to issue a decision.
The 120 Days Do Not Run From the N-400 Filing Date
The specialized post-examination federal court remedy should not be confused with ordinary case-processing time. A delay before the initial examination presents a different procedural issue.
USCIS May Continue the Case for One Reexamination
Rather than immediately deny the N-400, § 335.3 permits USCIS to continue the initial examination for one reexamination when the applicant may be able to overcome identified deficiencies.
USCIS Identifies the Problem
The officer must inform the applicant in writing of the grounds to be overcome or evidence that must be submitted.
Applicant Responds
The response should address the particular factual or legal deficiency identified by USCIS.
Reexamination Is Scheduled
The regulation generally prevents USCIS from requiring the applicant to appear for reexamination earlier than 60 days after the first examination.
USCIS Makes the Determination
If the applicant establishes eligibility, USCIS can approve the N-400. If the deficiencies are not overcome, USCIS can deny it.
The Examination Record Follows a Denied Case to N-336
Section 335.4 specifically addresses what happens to the examination record when USCIS denies Form N-400.
The corrected application, supplements, affidavits, transcripts, documents, and other evidence are submitted for use in the administrative hearing process under Part 336.
This Is Why the Initial Interview Record Matters So Much
An N-336 officer can review what occurred during the original examination. A factual concession, inconsistent sworn answer, missing document, or unresolved legal issue at the first interview can remain central during administrative review.
Derogatory Information Received After Approval but Before the Oath
Approval of the N-400 does not necessarily end USCIS's ability to address newly received adverse information before the applicant naturalizes.
Section 335.5 directs USCIS to remove an applicant from the list for oath administration when specific derogatory information arises after approval but before the oath.
USCIS Receives Derogatory Information
The information arrives after N-400 approval but before administration of the Oath of Allegiance.
Applicant Is Removed From the Oath Schedule
USCIS pauses oath administration while the new issue is resolved.
USCIS Gives Notice
The regulation provides for written notice of the specific derogatory information together with a motion to reopen the previously adjudicated application.
Applicant Has an Opportunity to Respond
Section 335.5 provides a 15-day response period.
Approval of Form N-400 Is Not the Same as Becoming a Citizen
Except where a statutory exception applies, naturalization is not complete until the applicant takes the Oath of Allegiance. A serious eligibility problem discovered before the oath can still affect the case.
Missing the Naturalization Examination
Section 335.6 governs failure to appear for the naturalization examination.
If the applicant misses the examination and fails to notify USCIS in writing of the reason and request rescheduling within 30 days, USCIS may administratively close the application without deciding the merits.
Request Reopening Within One Year
An administratively closed application may be reopened by written request within one year, without an additional filing fee under this regulation.
Failure to Reopen
If reopening is not requested within one year, USCIS treats the application as abandoned and dismisses it without further notice.
Section 335.6 provides that the date of the reopening request is treated as the filing date for purposes of determining naturalization eligibility.
Failure to Prosecute After the Initial Examination
A different regulation applies when the applicant attended the initial examination but later fails to pursue the case.
Failure without good cause to attend a subsequently required appearance or to provide documents, information, or testimony USCIS considers necessary to establish eligibility can constitute failure to prosecute.
USCIS Can Decide the N-400 on the Existing Record
Under § 335.7, if the applicant does not respond within the regulatory period following USCIS's notification, USCIS may adjudicate the application on its merits. That can produce a substantive denial rather than merely indefinite administrative closure.
Moving While Form N-400 Is Pending
Section 335.9 addresses transfer when an applicant changes residence or plans to change residence while the naturalization application is pending.
The applicant may submit a written request that the pending application be transferred to the USCIS office having jurisdiction over the new residence.
The regulation gives USCIS discretion concerning transfer. If USCIS does not consent and ultimately denies the N-400, the written decision must also address the reason for refusing the requested transfer.
Withdrawal of Form N-400
An applicant may request withdrawal of a pending naturalization application in writing.
The important point is that withdrawal requires USCIS consent.
USCIS Consents
The N-400 is denied without prejudice to a future application, and the withdrawal waives review under Part 336.
USCIS Does Not Consent
USCIS may proceed to adjudicate the naturalization application on its merits.
Withdrawal Is Not a Guaranteed Way to Stop USCIS From Deciding the Case
This can be particularly important where an applicant discovers a significant lawful permanent residence, fraud, criminal, or removability issue during the naturalization process. A withdrawal request does not by itself erase the underlying facts or require USCIS to disregard the pending case.
How INA § 335, Part 335, and Part 336 Fit Together
| Authority | Primary Function |
|---|---|
| INA § 335 / 8 U.S.C. § 1446 | Supplies the statutory framework for investigation and examination of naturalization applicants. |
| 8 C.F.R. Part 335 | Provides detailed procedures for investigation, examination, evidence, continuances, decisions, missed interviews, transfer, and withdrawal. |
| INA § 336 / 8 U.S.C. § 1447 | Establishes post-denial administrative review and the separate post-examination delay remedy. |
| 8 C.F.R. Part 336 | Provides the detailed regulatory framework for N-400 denials, N-336 hearings, and related judicial-review procedure. |
These Regulations Matter Most When the N-400 Process Stops Being Routine
Serious Interview Issue
USCIS begins questioning a historical immigration, criminal, marriage, fraud, travel, voting, or other problem.
Decision Cannot Be Made
The application is continued and USCIS requests additional evidence or requires reexamination.
Long Post-Interview Delay
The 120-day period becomes relevant after the initial naturalization examination.
N-400 Denial
The original examination record becomes relevant to an N-336 hearing.
New Information Before Oath
USCIS receives derogatory information after approving the application but before naturalization is complete.
Withdrawal Request
The applicant wants to withdraw after discovering a problem, but USCIS consent and the regulatory consequences must be considered.
8 C.F.R. Part 335 and the N-400 Examination
What is 8 C.F.R. Part 335?
Part 335 contains federal regulations governing investigation and examination of naturalization applicants, decisions and continuances, the examination record, missed interviews, transfer, and withdrawal.
Is Part 335 the same as INA § 335?
No. INA § 335 is the statutory authority enacted by Congress. Part 335 contains federal regulations implementing and supplementing the naturalization examination framework.
Can USCIS ask about anything at the N-400 interview?
The examination is not unlimited, but § 335.2 expressly provides that it encompasses all factors relating to the applicant's eligibility for naturalization.
Am I under oath during the N-400 interview?
Yes. Section 335.2 provides for questioning under oath or affirmation.
Can I correct an N-400 answer at the interview?
Yes. The regulation specifically contemplates correction of written answers to conform to sworn oral statements.
Can my lawyer attend the interview?
Yes. An applicant may request the presence of a properly appearing attorney or accredited representative.
Can I submit documents at the interview?
Yes. Part 335 provides for oral and documentary evidence relevant to a full and accurate determination of naturalization eligibility.
Can witnesses testify in a naturalization case?
Yes. Section 335.2 contains procedures for examining witnesses under oath and, in appropriate cases, using subpoenas.
Can an applicant request a subpoena?
Yes. The regulation permits a written request identifying the relevance, materiality, and scope of evidence that cannot otherwise be produced.
Can USCIS conduct a second interview?
Section 335.3 permits continuation for one reexamination so that the applicant can attempt to overcome identified deficiencies.
How soon can USCIS require the reexamination?
The regulation generally provides that the applicant should not be required to appear for reexamination earlier than 60 days after the first examination.
Does USCIS have 120 days to decide the N-400?
Section 335.3 provides for a decision at the initial examination or within 120 days after that initial examination. The period does not ordinarily run from the original N-400 filing date.
What happens to the interview record if USCIS denies my N-400?
Section 335.4 provides for use of the original examination record during the administrative hearing process under Part 336.
Can USCIS reverse an N-400 approval before I take the oath?
Section 335.5 establishes a procedure for addressing specific derogatory information received after approval but before the Oath of Allegiance.
How long do I have to respond to derogatory information under § 335.5?
The current regulation provides a 15-day response period.
What happens if I miss my N-400 interview?
Failure to appear and failure to provide the required timely written explanation and rescheduling request can lead to administrative closure under § 335.6.
Can an administratively closed N-400 be reopened?
Section 335.6 allows a written reopening request within one year. If no timely request is made, USCIS treats the application as abandoned and dismisses it.
What is failure to prosecute an N-400?
After the initial examination, failing without good cause to attend a later required appearance or provide necessary evidence, information, or testimony can constitute failure to prosecute.
Can my N-400 be transferred if I move?
Section 335.9 permits a written transfer request when an applicant changes or plans to change residence, although USCIS retains discretion concerning the transfer.
Can I withdraw my N-400?
You may request withdrawal in writing, but § 335.10 requires USCIS consent. If USCIS does not consent, it may decide the application on its merits.
Does withdrawing N-400 erase an immigration problem USCIS discovered?
No. Withdrawal concerns the pending naturalization application. It does not erase the historical facts or independently eliminate a criminal, immigration, lawful-LPR, fraud, or removability issue.
Naturalization Examination and Review
Naturalization Examination Regulations
- 8 C.F.R. Part 335 — Examination on Application for Naturalization
- 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 on Application; Continuance of Examination
- 8 C.F.R. § 335.4 — Use of Record of Examination
- 8 C.F.R. § 335.5 — Receipt of Derogatory Information After Grant
- 8 C.F.R. § 335.6 — Failure to Appear for Examination
- 8 C.F.R. § 335.7 — Failure to Prosecute After Initial Examination
- 8 C.F.R. § 335.9 — Transfer of Application
- 8 C.F.R. § 335.10 — Withdrawal of Application
- 8 U.S.C. § 1446 — INA § 335, Investigation and Examination
- USCIS Policy Manual, Volume 12, Part B — Naturalization Examination
- USCIS Policy Manual — Naturalization Interview
- USCIS Policy Manual — Results of the Naturalization Examination
Part 335 primarily governs naturalization procedure. It does not itself establish every substantive requirement for citizenship. Lawful permanent residence, residence, physical presence, good moral character, marriage, English and civics, attachment, and other eligibility requirements arise from separate statutes and regulations. If USCIS denies Form N-400 after the Part 335 examination process, INA § 336 and 8 C.F.R. Part 336 govern the principal administrative review framework.
Has Your N-400 Been Continued, Delayed, Reexamined, or Placed at Risk After the Interview?
A naturalization case review can examine the interview record, USCIS's request for additional evidence, the Part 335 procedures, underlying eligibility issue, post-interview deadline, and available administrative or federal court remedies.