USCIS Naturalization Examination and Oath of Allegiance — How USCIS Evaluates and Finalizes Citizenship Applications

Legal Authority

• 8 U.S.C. § 1446 — Requires USCIS to conduct an examination of every naturalization applicant; specifies the background investigation and interview requirements; provides for the 120-day decision deadline after the examination
• 8 U.S.C. § 1448 — Specifies the required Oath of Allegiance; permits USCG, federal courts, or state courts with naturalization authority to administer the oath; oath must be taken before naturalization is final
• 8 CFR Part 335 — USCIS implementing regulations for the naturalization examination: background investigation, interview procedures, continuances, and decision timeline
• 8 CFR Part 337 — USCIS implementing regulations for the oath ceremony: oath wording, administering officers, expedited ceremonies, and effective date of citizenship

Key Mechanics

8 CFR Parts 335 and 337 govern the examination and oath phases of naturalization. Under Part 335, after USCIS receives a completed N-400 application, USCIS conducts a background investigation (FBI fingerprint check, criminal history, security screening) and then schedules an in-person interview. At the interview, an officer examines the applicant's eligibility — continuous residence, physical presence, English language ability, and knowledge of U.S. civics and history (the 100-question civics test, of which applicants must correctly answer 6 of 10 oral questions). USCIS must issue a written decision within 120 days of the examination. If USCIS denies the application, the applicant may request a hearing before an immigration officer and, if still denied, seek federal district court review. If approved, the applicant must take the Oath of Allegiance (Part 337) before citizenship is final: the applicant renounces prior allegiances, swears to support and defend the Constitution, and agrees to bear arms or perform noncombatant service if required by law. The oath may be administered by USCIS at an administrative ceremony or by a federal district court at a judicial naturalization ceremony. Naturalization becomes effective on the date the oath is taken — not on the date the application was approved.

Current Rule (2026)

What This Rule Does

Applying for naturalization is only the beginning of the citizenship process. Eight CFR Parts 335 and 337 govern what happens next: the background investigation, the in-person examination, the determination on your application, and — if approved — the public oath ceremony that makes naturalization final.

Part 335 covers the examination phase: how USCIS investigates applicants, what the in-person interview encompasses, the 120-day window for a decision, and what happens if an applicant fails to appear, withdraws, or needs to transfer the application to a different office. Part 337 covers the oath phase: the precise wording of the oath, who may administer it (USCIS, immigration courts, or federal district courts), expedited ceremonies for compelling circumstances, and the legal effective date of citizenship.

Together, Parts 335 and 337 define the procedural path from application to naturalization certificate.

Key Provisions — Part 335: Examination

• § 335.1 — Background investigation: USCIS conducts an investigation of each applicant that must include, at minimum, a review of all pertinent records, police department checks, and a neighborhood investigation covering all locations where the applicant has lived and worked during the five years immediately preceding the application; the district director may also hold a personal investigation hearing in doubtful cases
• § 335.2 — In-person examination: each applicant must appear in person before a USCIS officer; the examination is uniform throughout the United States and encompasses all factors relating to eligibility — English language ability, U.S. history and civics knowledge, continuous residence, physical presence, good moral character, and attachment to constitutional principles; the applicant may bring an attorney or authorized representative
• § 335.3 — Decision and timing: USCIS must grant or deny the application either at the time of the initial examination or within 120 days after the date of the initial examination; a denial must notify the applicant and explain the right to a hearing under Part 336; a continuance of the examination (rescheduling) is permitted if additional evidence is needed
• § 335.4 — Record of examination: if an application is denied, the full record — application form, supplements, affidavits, transcripts, and evidence — is forwarded to the USCIS officer conducting hearings on denied applications under Part 336
• § 335.5 — Derogatory information after grant: if USCIS receives derogatory information after approving an application but before the oath is administered, USCIS removes the applicant from the oath schedule and reopens the review; citizenship is not final until the oath is taken
• § 335.6 — Failure to appear: an applicant who misses the examination without notifying USCIS within 30 days of the scheduled date in writing — including a rescheduling request — is deemed to have abandoned the application; USCIS may administratively close it
• § 335.7 — Failure to prosecute: if an applicant, without good cause, fails to appear at a required subsequent hearing or fails to provide requested documents within a reasonable time, USCIS may administratively close the application
• § 335.9 — Transfer of application: an applicant who moves or plans to move within three months may request a transfer of the pending application from the current USCIS office to the office with jurisdiction over the new residence; requests go to the office where the application was filed; USCIS grants transfers unless exceptional circumstances make the original office's continued jurisdiction necessary
• § 335.10 — Withdrawal: an applicant may request withdrawal in writing at any time; if USCIS consents, the application is denied without prejudice to a future application; withdrawal waives any right to a hearing under Part 336; if USCIS does not consent, USCIS proceeds to adjudicate the application

Key Provisions — Part 337: Oath of Allegiance

• § 337.1 — Form of oath: every naturalization applicant must take the oath of allegiance before being admitted to citizenship; the prescribed oath renounces allegiance to foreign sovereigns, renounces foreign titles and nobility, supports and defends the Constitution and laws of the United States against enemies foreign and domestic, and declares willingness to bear arms or perform non-combatant service when required by law; applicants may request to omit clauses relating to bearing arms or combatant service on religious or conscientious grounds; the applicant must sign a copy of the oath
• § 337.2 — Administration by USCIS or EOIR: applicants who elect USCIS or immigration court administration must appear in person at a public ceremony; USCIS may reschedule ceremonies but must give adequate notice; an applicant who fails without good cause to appear at more than one scheduled ceremony is presumed to have abandoned naturalization intent (§ 337.10)
• § 337.3 — Expedited ceremony: USCIS or a court may grant an expedited oath ceremony for sufficient cause — serious illness of the applicant or immediate family, scheduled departure for military service, imminent travel for employment or humanitarian reasons, or other compelling circumstances; the showing must be made to either the court or USCIS
• § 337.4 — Name change: when a court grants a name change petition, the applicant signs the oath under the new name
• § 337.7 — Election of forum: at the time of the naturalization examination, USCIS must inform applicants of their right to elect whether to have the oath administered by USCIS, an immigration judge, or a federal court; courts with exclusive jurisdiction over naturalization in their district may require applicants to take the oath before a judge
• § 337.8 — Court-administered oath: applicants who elect a court ceremony must notify USCIS at examination time; USCIS issues a certificate of eligibility; the court schedules and administers the ceremony; courts with exclusive jurisdiction have priority
• § 337.9 — Effective date of citizenship: an applicant is deemed a U.S. citizen as of the date on which the oath is taken — not the date the application was filed or approved; this date controls eligibility for voting, passports, federal employment, and other citizenship-dependent benefits

How It Affects You

Naturalization applicants should be aware that approval at the examination is not the finish line — citizenship becomes final only when you take the oath. If USCIS receives adverse information about you after approval but before your oath ceremony, your scheduled ceremony can be cancelled and your application can be reopened. Show up to every scheduled appointment and respond to all USCIS requests promptly: missing an exam without written notification within 30 days, or failing to appear at multiple oath ceremonies, can result in administrative closure of your application.

The 120-day rule is an important consumer protection. If USCIS does not issue a decision — grant or denial — within 120 days of your initial examination, you may apply to the U.S. district court for a hearing on your application under 8 U.S.C. § 1447(b). This remedy is available only after the 120-day window has passed.

Attorneys and representatives must file a Form G-28 appearance to be present at the naturalization examination. Presence is permissive — the applicant may request it, but USCIS controls the examination format.

The effective date of citizenship is the oath date, not the approval date. If you are waiting for a naturalization certificate to obtain a U.S. passport, register to vote, or accept a federal position requiring citizenship, make sure you know your oath date — that is the legally operative date for all purposes.

Court-administered versus USCIS-administered oath: most applicants have a choice, but federal courts with exclusive jurisdiction in their district do not offer an election — those applicants must take the oath before a judge. USCIS must inform you of your election rights at the time of your examination.

Statutory Authority

This rule implements:

• 8 U.S.C. § 1446 — authorizes the Attorney General (now Secretary of Homeland Security) to designate USCIS officers to conduct examinations on naturalization applications and to prescribe the form of examination
• 8 U.S.C. § 1448 — requires that naturalization applicants take an oath of allegiance before being admitted to citizenship; specifies the content of the oath and authorizes waiver of the combatant-service clause for conscientious objectors

Recent Rulemakings

No major Federal Register amendments to Parts 335 or 337 in recent years. The procedural framework reflects longstanding USCIS regulations implementing the Immigration and Nationality Act.

Pending Action