U.S. Citizenship and Immigration Services (USCIS) is resuming personal investigations of immigrants applying for naturalization. These investigations, also known as “neighborhood investigations,” will scrutinize an applicant’s place of residence and employment for the five years before they filed their application.
According to USCIS, the purpose is to verify an alien’s eligibility for naturalization, which includes confirming their residency, good moral character, and attachment to the U.S. Constitution.
From 1802 to 1981, petitioners for naturalization were required to present two witnesses who could testify to their qualifications for citizenship. In 1981, Congress eliminated the witness requirement, a change justified in part by the fact that a petitioner’s character could be better determined by an investigation, including a neighborhood investigation if necessary.
However, by 1991, the former Immigration and Naturalization Service had essentially stopped conducting neighborhood investigations. Until now, USCIS has generally waived these investigations, relying instead on biometric and criminal history checks performed by the FBI.
USCIS will decide whether to conduct or waive a neighborhood investigation on a discretionary, case-by-case basis. A USCIS policy memo states: “USCIS is exercising its statutory authority in INA 335(a) and will immediately end the general waiver of neighborhood investigations to fully ensure that aliens applying for naturalization meet statutory requirements, including, but not limited to, full attachment to the principles of the U.S. Constitution and being well disposed to the good order and happiness of the United States.” The memo continues: “USCIS will make the decision to conduct or waive neighborhood investigations on an individualized discretionary basis after reviewing relevant evidence contained in the records before USCIS.”
To help inform this decision, USCIS may ask applicants to provide testimonial letters from neighbors, employers, co-workers, and business associates who know them and can provide information about their eligibility for naturalization. Applicants can also submit this evidence proactively with their Application for Naturalization (Form N-400), which may help USCIS determine that waiving the investigation is appropriate.
“USCIS may request information from the alien seeking naturalization to inform its decision on conducting the neighborhood investigation, such as testimonial letters from neighbors, employers, co-workers, and business associates who know the alien and can provide substantiated information about the alien, including any of the requirements for naturalization,” a USCIS policy memo clarifies. “If such evidence is not contained in the alien’s application for naturalization, USCIS may request that the alien submit such evidence. Submitting such evidence proactively with the Application for Naturalization can assist USCIS in determining whether a waiver of a neighborhood investigation is appropriate in a particular case without a need to issue a Request for Evidence.”
The failure or refusal to provide such evidence could lead to a neighborhood investigation, which may impact the alien’s ability to establish their eligibility for naturalization.
A USCIS policy memo further states: “USCIS will review and weigh the evidence submitted as well as all evidence before USCIS in a manner that is consistent with general adjudicative practices and make an individualized discretionary decision on conducting a neighborhood investigation. An alien’s failure or refusal to provide such evidence may lead to a neighborhood investigation which may impact the alien’s ability to establish their eligibility for naturalization.”
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
