A U.S. citizen by naturalization is a major milestone, marked by a significant moment which is swearing allegiance to the nation and while this process is usually straightforward, it can bring up various questions and legal considerations. In this guide, we’ll look at some common questions about the U.S. citizenship oath and shed light on how certain situations can affect this important step.
1. Dual Citizenship
Question: Do I need to take a different Oath if I want to have dual citizenship?
This concern arises from the standard oath, which includes renouncing allegiance to foreign powers.
Answer: The standard oath works, even for future dual citizens.
According to the U.S. State Department, U.S. law doesn’t force individuals to pick one citizenship over another. Dual citizenship recognizes that a person can have rights of nationality in two countries and be responsible for both. Courts in the U.S. have consistently supported the idea that dual citizens can only lose their U.S. citizenship if they willingly give it up. So, you can confidently take the standard oath, even if you plan to keep dual citizenship.
2. Overcoming Disabilities for U.S. Citizenship Oath
Question: What if someone is too disabled to take the oath?
In such cases, they or their representatives may wonder how to handle the oath ceremony.
Answer: A waiver is available for severe disabilities.
Usually, applicants need to understand, willingly take, and say the oath. However, individuals with disabilities that stop them from doing so can ask for an “oath waiver.” To qualify, it must be clear that the person has an impairment, whether developmental, physical, or mental, that prevents them from understanding or communicating the oath’s meaning. USCIS suggests applicants request the waiver when submitting Form N-400, the naturalization application. This can be done through Form N-648, which includes a section for disability-related waivers where a doctor can recommend the waiver. Alternatively, you can ask for the waiver through a separate letter or during the naturalization interview. Providing proof of the inability to take the oath and having a representative is crucial. If you qualify for both naturalization and an oath waiver, you won’t have to attend a public oath ceremony. Instead, you’ll receive your naturalization certificate on the same day as the USCIS interview.
3. Legal Issues Arising from Criminal Cases
Question: What if I get arrested before my oath ceremony?
People scheduled for a U.S. citizenship oath ceremony who face legal issues like an arrest, DUI, or other criminal charges might worry about their citizenship prospects.
Answer: You can proceed if your case is quickly dismissed.
To attend the oath ceremony, you must remain eligible, which includes having good moral character and not being a threat to public safety, on the scheduled day. If you have a pending criminal case, USCIS can’t decide your eligibility and will reschedule your ceremony until you provide documentation of the case’s outcome. If you get probation, USCIS will reject your citizenship application. In that case, you can reapply once your probation ends. During the ceremony, applicants are asked about recent arrests or citations and whether they are habitual drunkards. Being truthful is crucial, as lying could lead to losing citizenship or deportation if USCIS finds out. The impact of criminal charges on citizenship eligibility varies depending on the offense and sentence received. It’s advisable to seek guidance from both a criminal attorney and an immigration attorney to understand the implications clearly.
4. Religious Objections for U.S. Citizenship Oath
Question: As a Jehovah’s Witness, can I still become a citizen if I can’t take an oath?
Some people, based on their religious beliefs, may object to taking an oath during the citizenship ceremony because it conflicts with their faith. For instance, Jehovah’s Witnesses don’t swear oaths and object to military service.
Answer: You can request a modified oath for religious reasons.
While taking the oath is a standard requirement for U.S. citizenship, conscientious objectors and those with religious objections can ask for a modified oath. This modified oath leaves out specific phrases related to military service and oath-taking. Requesting the modified oath should be done when submitting Form N-400, where questions about military service and willingness to bear arms are asked. To support the request, applicants should provide evidence of their religious beliefs, such as a letter from their congregation’s elder explaining the objections. The modified oath removes phrases like “on oath,” “so help me God,” “willing to bear arms on behalf of the U.S.,” and “willing to perform noncombatant services in the Armed Forces of the U.S.” By following this process, individuals can become U.S. citizens while staying true to their religious principles.
In conclusion, the journey to U.S. citizenship is marked by significant milestones, and taking the oath of allegiance is one of them. While it may raise questions and concerns for some, understanding the legal aspects and available options can help navigate these challenges. Whether dealing with dual citizenship, disabilities, legal issues, or religious objections, there are paths to fulfill the dream of becoming a naturalized U.S. citizen.
