USCIS has issued a new policy memorandum, PM-602-0189, signaling a significant change for naturalization applicants. The agency is now resuming “personal investigations,” also known as “neighborhood investigations,” in certain naturalization cases. This is a return to a practice that has been largely dormant for decades and will add a new layer of scrutiny to the citizenship process.

What is PM-602-0189?

Under Section 335(a) of the Immigration and Nationality Act (INA), USCIS has the authority to conduct personal investigations of applicants for naturalization to verify their eligibility. For a long time, USCIS has generally waived this requirement, relying instead on biometrics and background checks conducted by the FBI. 🕵️

However, with PM-602-0189, USCIS is now exercising its statutory authority to end this general waiver. The policy aims to more fully ensure that applicants meet the statutory requirements for naturalization, which include establishing good moral character and attachment to the U.S. Constitution. The investigations may cover the vicinity of an applicant’s residence and employment and typically span the five-year period before the application was filed.

What does this mean for naturalization applicants?

This new policy means that USCIS may now conduct an individualized, discretionary investigation into your personal life. The purpose of these investigations is to corroborate the information provided in your application and to assess your eligibility for naturalization. This can include confirming:

• Residency: Verifying that you’ve maintained the required period of continuous residence and physical presence in the United States.

• Good Moral Character: Ensuring you meet the “good moral character” requirement by looking at your conduct, adherence to societal norms, and positive contributions to your community. This can be a broad and subjective area.

• Attachment to the Constitution: Verifying your commitment to the principles of the U.S. Constitution and the “good order and happiness of the United States.”

How to Prepare for This Change

The new policy also suggests that applicants can proactively submit evidence to assist USCIS in its decision on whether a waiver of the neighborhood investigation is appropriate. This is a critical point that requires careful consideration. While the policy doesn’t specify what evidence will be sufficient, it suggests that things like testimonial letters from neighbors, employers, co-workers, and business associates who can attest to your character and provide substantiated information about your life could be helpful.

Submitting such evidence with your initial Form N-400, Application for Naturalization, could help your case by potentially precluding the need for a separate investigation. This is where the guidance of an experienced immigration attorney becomes more valuable than ever.

The team at Cohen, Tucker + Ades is closely monitoring the implementation of this new policy. We can help you understand how this change may affect your naturalization application and assist you in preparing a strong case that proactively addresses the new level of scrutiny. Don’t leave your path to citizenship to chance. Contact us today to discuss your situation and ensure you’re fully prepared. 🇺🇸