The US has announced that lawful permanent residents or green card holders will have to undergo ‘neighbourhood investigations’ before being given American citizenship through the process of naturalization. The ‘Neighbourhood Investigation’ will include testimonial letters from neighbours, employers, co-workers, and business associates.
Foreign nationals who wish to get US citizenship and lawfully reside in the United States must follow a specified process known as ‘naturalization’.
Currently, USCIS generally waives the requirements for neighbourhood investigations and has relied largely on biometric checks and criminal history checks performed by the Federal Bureau of Investigation to obtain information related to the applicant’s good moral character and eligibility for naturalization.
What’s New
In a Policy Memorandum dated August 22, USCIS announced that it is resuming personal investigations of foreigners applying for naturalization in accordance with the Immigration and Nationality Act (INA).
Section 335(a) of INA directs USCIS to conduct investigations of foreigners applying for naturalization unless waived by the Secretary of Homeland Security.
What Foreigners Need to Submit
USCIS may request information from the foreigner seeking naturalization to inform its decision on conducting the neighbourhood investigation, such as testimonial letters from neighbours, employers, co-workers, and business associates who know the foreigner and can provide substantiated information about the foreigner, including any of the requirements for naturalization.
If such evidence is not contained in the foreigner’s application for naturalization, USCIS may request that the foreigner submit such evidence. Submitting such evidence proactively with the Application for Naturalization can assist USCIS in determining whether a waiver of a neighbourhood investigation is appropriate in a particular case without the need to issue a Request for Evidence.
Any failure or refusal to provide such evidence may lead to a neighbourhood investigation, which may impact the foreigner’s ability to establish their eligibility for naturalization.
Neighbourhood Investigations
These personal investigations, also known as neighbourhood investigations, cover the vicinity of a foreigner’s place of residence and employment and include at least the 5 years before the filing of the foreigner’s naturalization application.
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 requirement for witnesses, a change justified in part by the fact that a petitioner’s character could be better determined by an investigation, including a neighbourhood investigation, if necessary.
However, by 1991, the former Immigration and Naturalization Service had essentially stopped conducting neighbourhood investigations.
Going Forward
USCIS is ending the general waiver of neighbourhood investigations to fully ensure that foreigners applying for naturalization meet statutory requirements. USCIS retains discretionary authority to conduct or waive neighbourhood investigations on a case-by-case basis, contingent upon a review of existing record evidence. This policy will be implemented by the USCIS once the Policy Manual is updated.
Earlier in August, USCIS had revised rules to ensure the authenticity and legality of family relationships, particularly marriages, in green card petitions, including eligibility, paperwork, interviews, and final decisions.