INS on Citizenship Test Certificates

Memorandum For: Regional Directors
District Directors (Except Foreign)
Officers-In-Charge (Except Foreign)
Service Center Directors

FROM: James S. Angus
Acting Executive Director
Office of Naturalization Operations

SUBJECT: Acceptance of Citizenship Test Certificates

This is a reminder to all Immigration and Naturalization Service (INS) offices of the requirements regarding the acceptance of citizenship test certificates.

On March 16, 1998, all INS offices were notified of the decision to terminate the current national testing program. The national organizations have been given a formal termination date of August 30, 1998. All testing by these organizations, where initial or a re-testing, will end by midnight, August 30.

All INS officers conducting naturalization interviews are reminded to continue to accept certificates from the National Testing organizations unless the Adjudications Officer interviewing the naturalization applicant has reason to believe that the certificate was either fraudulently issued or otherwise inappropriately granted. 8CFR 312.3(a)(3). Officers may not refuse a certification based upon the fact that the program is ending. All officers should verify that the testing certificate date is on or before August 30, 1998. With current backlogs, officers will continue to see certificates presented well into 1999 and perhaps beyond.

Officers should also note that there is no prohibition against a person taking an outside test prior to his or her fulfilling the residency requirement for naturalization. However, the person must be eligible to file for naturalization within the year that the test certificate is valid for the Service to honor the certificate. For example, a person with 4 years and 1 month of LPR status takes an outside test and files a N-400 upon reaching 4 years and 9 months. This certificate should be honored because the applicant filed his or her N-400 within one year of successfully passing the test. Another person with 3 years and 2 months of LPR status takes and passes an outside test and files a N-400 upon reaching 4 years and 9 months. The certificate is no longer valid because over one year has passed since the person took the test.

Officers are also reminded that an applicant may take a test at any time after filing the N-400. Certificates issued to these persons are valid until the final determination is made on the N-400, regardless of how long the Service takes in making the final adjudication. 8 CFR 312.3(a)(1).

Questions about the information outlined in this document may be directed to staff officers Aphrodite Loutas or Craig Howie by cc:mail or telephone on (202) 514-6442.