US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1447]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
               Part II--Nationality Through Naturalization
 
Sec. 1447. Hearings on denials of applications for 
        naturalization
        

(a) Request for hearing before immigration officer

    If, after an examination under section 1446 of this title, an 
application for naturalization is denied, the applicant may request a 
hearing before an immigration officer.

(b) Request for hearing before district court

    If there is a failure to make a determination under section 1446 of 
this title before the end of the 120-day period after the date on which 
the examination is conducted under such section, the applicant may apply 
to the United States district court for the district in which the 
applicant resides for a hearing on the matter. Such court has 
jurisdiction over the matter and may either determine the matter or 
remand the matter, with appropriate instructions, to the Service to 
determine the matter.

(c) Appearance of Attorney General

    The Attorney General shall have the right to appear before any 
immigration officer in any naturalization proceedings for the purpose of 
cross-examining the applicant and the witnesses produced in support of 
the application concerning any matter touching or in any way affecting 
the applicant's right to admission to citizenship, and shall have the 
right to call witnesses, including the applicant, produce evidence, and 
be heard in opposition to, or in favor of the granting of any 
application in naturalization proceedings.

(d) Subpena of witnesses

    The immigration officer shall, if the applicant requests it at the 
time of filing the request for the hearing, issue a subpena for the 
witnesses named by such applicant to appear upon the day set for the 
hearing, but in case such witnesses cannot be produced upon the hearing 
other witnesses may be summoned upon notice to the Attorney General, in 
such manner and at such time as the Attorney General may by regulation 
prescribe. Such subpenas may be enforced in the same manner as subpenas 
under section 1446(b) of this title may be enforced.

(e) Change of name

    It shall be lawful at the time and as a part of the administration 
by a court of the oath of allegiance under section 1448(a) of this title 
for the court, in its discretion, upon the bona fide prayer of the 
applicant included in an appropriate petition to the court, to make a 
decree changing the name of said person, and the certificate of 
naturalization shall be issued in accordance therewith.

(June 27, 1952, ch. 477, title III, ch. 2, Sec. 336, 66 Stat. 257; Pub. 
L. 91-136, Dec. 5, 1969, 83 Stat. 283; Pub. L. 97-116, Sec. 15(d), Dec. 
29, 1981, 95 Stat. 1619; Pub. L. 100-525, Sec. 9(cc), Oct. 24, 1988, 102 
Stat. 2621; Pub. L. 101-649, title IV, Sec. 407(c)(17), (d)(14), Nov. 
29, 1990, 104 Stat. 5041, 5044; Pub. L. 102-232, title III, Sec. 305(g), 
(h), Dec. 12, 1991, 105 Stat. 1750.)


                               Amendments

    1991--Subsecs. (d), (e). Pub. L. 102-232, Sec. 305(g), (h), amended 
Pub. L. 101-649, Sec. 407(d)(14)(D)(i), (E)(ii), respectively. See 1990 
Amendment note below.
    1990--Pub. L. 101-649, Sec. 407(d)(14)(A), amended section catchline 
generally.
    Subsecs. (a), (b). Pub. L. 101-649, Sec. 407(d)(14)(B), amended 
subsecs. (a) and (b) generally, substituting provisions relating to 
requests for hearing upon denial of application and failure to make 
determination, for provisions relating to holding of hearing in open 
court and exceptions to same, respectively.
    Subsec. (c). Pub. L. 101-649, Sec. 407(c)(17), (d)(14)(C), 
substituted ``immigration officer'' for ``court'' and references to 
applicant, applicant's, and application for references to petitioner, 
petitioner's, and petition wherever appearing.
    Subsec. (d). Pub. L. 101-649, Sec. 407(d)(14)(D)(i), as amended by 
Pub. L. 102-232, Sec. 305(g), substituted ``immigration officer shall, 
if the applicant requests it at the time of filing the request for the 
hearing'' for ``clerk of court shall, if the petitioner requests it at 
the time for filing the petition for naturalization''.
    Pub. L. 101-649, Sec. 407(c)(17), (d)(14)(D)(ii), (iii), substituted 
``applicant'' for ``petitioner'', struck out ``final'' before 
``hearing'' wherever appearing, and inserted at end ``Such subpenas may 
be enforced in the same manner as subpenas under section 1446(b) of this 
title may be enforced.''
    Subsec. (e). Pub. L. 101-649, Sec. 407(d)(14)(E)(i), substituted 
``administration by a court of the oath of allegiance under section 
1448(a) of this title'' for ``naturalization of any person,''.
    Pub. L. 101-649, Sec. 407(d)(14)(E)(ii), as amended by Pub. L. 102-
232, Sec. 305(h), substituted ``included in an appropriate petition to 
the court'' for ``included in the petition for naturalization of such 
person''.
    Pub. L. 101-649, Sec. 407(c)(17), substituted ``applicant'' for 
``petitioner''.
    1988--Pub. L. 100-525 amended section catchline.
    1981--Subsec. (a). Pub. L. 97-116, Sec. 15(d)(1), struck out ``and 
the witnesses'' after ``such petition the petitioner''.
    Subsec. (b). Pub. L. 97-116, Sec. 15(d)(1), struck out ``and the 
witnesses'' after ``examination of the petitioner'' in two places.
    Subsec. (c). Pub. L. 97-116, Sec. 15(d)(2), (3), redesignated 
subsec. (d) as (c) and struck out former subsec. (c) which prescribed a 
waiting period of thirty days after the filing of a petition for 
naturalization for the holding of a final hearing and permitted waiver 
of such period by the Attorney General if he determined that a waiver 
was in the public interest.
    Subsec. (d). Pub. L. 97-116, Sec. 15(3), (4), redesignated subsec. 
(e) as (d) and struck out provision permitting the substitution of 
witnesses if after the petition is filed any of the verifying witnesses 
appear to be not competent, provided the petitioner acted in good faith 
in producing such witness. Former subsec. (d) redesignated (c).
    Subsec. (e). Pub. L. 97-116, Sec. 15(d)(4), (5), redesignated 
subsec. (f) as (e). Former subsec. (e) redesignated (d).
    Subsec. (f). Pub. L. 97-116, Sec. 15(d)(5), redesignated subsec. (f) 
as (e).
    1969--Subsec. (c). Pub. L. 91-136 struck out requirement that 
Attorney General, as a prerequisite to waiver of the waiting period, 
make an affirmative finding that such waiver will promote the security 
of the United States, and further struck out the provision prohibiting 
the acquisition of citizenship by final oath within 60 days preceding a 
general election and prior to the tenth day following such election.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-232 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this 
title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this 
title.

  Abolition of Immigration and Naturalization Service and Transfer of 
                                Functions

    For abolition of Immigration and Naturalization Service, transfer of 
functions, and treatment of related references, see note set out under 
section 1551 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1421, 1427, 1445, 1446 of 
this title; title 18 section 1429.