Naturalization Quality Procedures
Prior to May 1998
Doris Meissner, Commissioner for the Immigration and Naturalization Service (INS) issued a Memorandum on November 29, 1996, that effective immediately no further interviews or oath ceremonies will be scheduled by the INS until her memorandum has been read, training has been conducted in the procedures, either locally or from INS Headquarters, and all procedures are in place and working. The highlights of the Memorandum are summarized below:
In addition to requiring work sheets to be completed by both local offices and the Service Centers, the importance of the FBI fingerprint checks was stressed.
Effective immediately, no cases are to be scheduled for interview or oath ceremony by the INS until a definitive response has been received from the Federal Bureau of Investigations (FBI) (either through the receipt of a negative "NON-IDENT" response or a positive "IDENT;" in the case of an "IDENT" response the charge(s) must be resolved and approved by a supervisor before the case can be scheduled.
The measures discussed in the memo will prevent the naturalization of those for whom FBI checks have not been completed.
FD-258 quality review prior to submission to FBI:
INS is required to verify that all information on the FD-258s should be compared to the information on the application to verify that names, dates of birth, and A numbers are accurate prior to submission to the FBI. The name on the FD-258 should exactly match the name on the application. All A numbers must be nine digits plus the letter "A." If not the full nine digits, zeros need to be added after the "A" i.e., A001234567. The complete A number must be placed in the OCA block on the FD-258. Attachments 4 and 5 are samples of correct A numbers on FD-258s. In the remarks block, the notation N 400 should be indicated. There should not be any other notation in the remarks block, such as "natz" or "naturalization."
Supervisory Review
In addition to standard work processes, the Commissioner suggested that there be supervisory review.
Temporary Files
The use of T-files in naturalization proceedings is a long-standing Service practice. T-files may be used when a "diligent search" has not produced an applicant's A-file. Effective immediately, naturalization applications may be approved on a T-file only with supervisory authorization, and only when all of the following conditions have been met:
1. Diligent efforts have been made to locate and retrieve the A-file, consisting of at least three documented attempts, each at least 20 working days apart. These three attempts shall be documented on the case work sheet.
2. The applicant's lawful admission to the United States, requisite time of residence, and lack of disqualifying information in INS databases has been verified through the INS' central database (CIS). This shall be documented by including the CIS print out in the file.
3. The following questions shall be asked of the applicant and the responses verified through INS data checks, where possible: A. Are you currently in removal proceedings? B. Are you currently under a removal order? C. Have you abandoned your residence or has the INS ever taken any action to terminate your residence status? D. Other appropriate questions for probing good moral character, such as payment of child support and alimony, satisfaction of tax liability, etc.
4. All fingerprint clearance procedures have been followed.
Acknowledgment of A-File Receipt in NACS
The receipt of the A-file is not to be acknowledged in NACS at the time of data entry unless the file actually has been received. The fact that the file has not been acknowledged does not prevent the case from being scheduled for interview in NACS. The file should only be acknowledged when actually received. If the case is being adjudicated on a temporary file, you must acknowledge receipt of a "T" file in NACS. Under no circumstances is an application to be adjudicated without an A-file or a T-file created according to the instructions in the "Temporary Files" section of this memorandum.
Quality Assurance Review
The Service has taken steps to strengthen quality control and quality assurance procedures for the naturalization program. For work performed in Fiscal Year 96 (FY96), the Department of Justice (DOJ) and INS have hired an independent consulting firm, to validate the case review project to be conducted at the Nebraska Service Center.
Civics and English Testing
Requirements regarding outside testing entities (which conduct about 25 percent of the civics and written English testing for naturalization) have been tightened substantially since the beginning of this calendar year. The six recognized national organizations have been ordered to strengthen their monitoring and quality control plans, and INS oversight and investigation of the program has increased.
Transition Period
Effective immediately, no further interviews or oath ceremonies will be scheduled until this memorandum has been read, training has been conducted in these procedures, either locally or from Headquarters, and all procedures are in place and working.
If a case's FD-258 has been rejected, the applicant must be removed from the oath ceremony and may not be scheduled for oath until fingerprints have been processed by the FBI, and the results obtained and reviewed by INS. When the results are obtained, the seven digit code must be noted on the work sheet.
Conclusion
INS believes that the policies and procedures outlined above will ensure a naturalization process that has integrity, backed up by a strong quality assurance program. © The Law Office of Sheela Murthy, P.C.
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