8 CFR § 335.3 Determination on application; continuance of examination.
Link to an amendment published at 76 FR 53801, August 29, 2011.
(a) The Service officer shall grant the application if the applicant has complied with all requirements for naturalization under this chapter. A decision to grant or deny the application shall be made at the time of the initial examination or within 120-days after the date of the initial examination of the applicant for naturalization under §335.2. The applicant shall be notified that the application has been granted or denied and, if the application has been granted, of the procedures to be followed for the administration of the oath of allegiance pursuant to part 337 of this chapter.
(b) Rather than make a determination on the application, the Service officer may continue the initial examination on an application for one reexamination, to afford the applicant an opportunity to overcome deficiencies on the application that may arise during the examination. The officer must inform the applicant in writing of the grounds to be overcome or the evidence to be submitted. The applicant shall not be required to appear for a reexamination earlier than 60 days after the first examination. However, the reexamination on the continued case shall be scheduled within the 120–day period after the initial examination, except as otherwise provided under §312.5(b) of this chapter. If the applicant is unable to overcome the deficiencies in the application, the application shall be denied pursuant to §336.1 of this chapter.
[56 FR 50497, Oct. 7, 1991, as amended at 58 FR 49914, Sept. 24, 1993]
Amendment(s) published August 29, 2011, in 76 FR 53801
Effective Date(s): November 28, 2011
215. Section 335.3 is amended by revising the terms “The Service officer” and “the Service officer” to read “USCIS” wherever the terms appear in the following places:
a. Paragraph (a); and
b. Paragraph (b).
The regulation is murky and courts have not agreed with the assertion that a brand new 120 day period begins on reexam, but they usually just remand for decision within 30 to 60 days from the date of the Judge's Order. It is good advise to wait a few weeks before wasting any money on a lawsuit when it seems to have gone OK.
Link to an amendment published at 76 FR 53801, August 29, 2011.
(a) The Service officer shall grant the application if the applicant has complied with all requirements for naturalization under this chapter. A decision to grant or deny the application shall be made at the time of the initial examination or within 120-days after the date of the initial examination of the applicant for naturalization under §335.2. The applicant shall be notified that the application has been granted or denied and, if the application has been granted, of the procedures to be followed for the administration of the oath of allegiance pursuant to part 337 of this chapter.
(b) Rather than make a determination on the application, the Service officer may continue the initial examination on an application for one reexamination, to afford the applicant an opportunity to overcome deficiencies on the application that may arise during the examination. The officer must inform the applicant in writing of the grounds to be overcome or the evidence to be submitted. The applicant shall not be required to appear for a reexamination earlier than 60 days after the first examination. However, the reexamination on the continued case shall be scheduled within the 120–day period after the initial examination, except as otherwise provided under §312.5(b) of this chapter. If the applicant is unable to overcome the deficiencies in the application, the application shall be denied pursuant to §336.1 of this chapter.
[56 FR 50497, Oct. 7, 1991, as amended at 58 FR 49914, Sept. 24, 1993]
Amendment(s) published August 29, 2011, in 76 FR 53801
Effective Date(s): November 28, 2011
215. Section 335.3 is amended by revising the terms “The Service officer” and “the Service officer” to read “USCIS” wherever the terms appear in the following places:
a. Paragraph (a); and
b. Paragraph (b).
The regulation is murky and courts have not agreed with the assertion that a brand new 120 day period begins on reexam, but they usually just remand for decision within 30 to 60 days from the date of the Judge's Order. It is good advise to wait a few weeks before wasting any money on a lawsuit when it seems to have gone OK.