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.
Applicants typically need to understand and take the oath, but individuals with disabilities can request an “oath waiver.” To qualify, there must be clear evidence of a developmental, physical, or mental impairment that affects their ability to understand or communicate the oath. USCIS recommends requesting the waiver when submitting Form N-400, using Form N-648, where a doctor can recommend the waiver. Alternatively, you can submit a separate letter or request it during the naturalization interview. Proof of your inability to take the oath and having a representative is essential. If you qualify for both naturalization and the waiver, you won’t need to attend a public ceremony; you’ll receive your naturalization certificate on the day of your 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 be eligible, with good moral character and no threats to public safety. If you have a pending criminal case, USCIS will reschedule until you provide documentation of the outcome. Probation will lead to a rejection of your application, but you can reapply after it ends. During the ceremony, you’ll be asked about recent arrests and citations. Honesty is crucial, as dishonesty can result in losing citizenship or deportation. The impact of criminal charges on eligibility varies by offense and sentence, so consult both a criminal attorney and an immigration attorney for guidance.
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.
Answer: You can request a modified oath for religious reasons.
Taking the oath is a standard requirement for U.S. citizenship, but conscientious objectors and those with religious objections can request a modified oath. This version excludes phrases related to military service. To request it, applicants should submit Form N-400, which includes questions about military service and willingness to bear arms. Supporting evidence, such as a letter from a congregation elder explaining the objections, should be included. This process allows individuals to become U.S. citizens while honoring their religious beliefs.
How do I apply for an oath waiver due to a disability
1. Determine Eligibility
- You must be unable to understand or communicate the meaning of the Oath of Allegiance because of a physical or developmental disability or mental impairment.
2. Complete Form N-648
File Form N-648, Medical Certification for Disability Exceptions. This form must be completed by an authorized medical professional who is familiar with your medical history. The form should include:
- A detailed explanation of your condition.
- How the condition affects your ability to understand or communicate the oath.
- The medical professional’s signature and license number.
3. Submit a Written Request
Along with Form N-648, provide a written request that includes:
- A statement from the medical professional outlining your disability.
- Any necessary documentation proving your legal guardian status if applicable.
4. File with Your N-400 Application
- It is recommended to submit the oath waiver request when you first file your N-400 Application for Naturalization. You can also request it during your naturalization interview if not done earlier.
5. Provide Additional Documentation
If you have a legal guardian or surrogate, they must provide:
- Proof of their relationship to you (e.g., birth certificate, marriage certificate).
- Documentation establishing their role as your primary caregiver.
6. Attend the Interview
- During the naturalization interview, the USCIS officer may ask questions regarding your disability and the waiver request. Be prepared to provide any additional documentation if requested.
7. Oath Ceremony
- If approved for an oath waiver, you will not need to attend a public ceremony. Instead, a legal guardian or designated representative can sign on your behalf during the naturalization process.
What happens if I accidentally lie during the oath ceremony
If you accidentally lie during the oath ceremony for U.S. citizenship, the consequences can be serious. Here are the key points to understand:
1. Definition of Perjury
Lying under oath constitutes perjury, which is a criminal offense. To be charged with perjury, it must be proven that the individual knowingly made a false statement regarding a material fact while under oath.
2. Consequences of Lying
- Denial of Citizenship: If U.S. Citizenship and Immigration Services (USCIS) discovers that you provided false information during your naturalization interview or oath ceremony, your application for citizenship can be denied.
- Revocation of Citizenship: If the lie is uncovered after you have been granted citizenship, USCIS has the authority to revoke your citizenship.
- Removal Proceedings: Depending on the nature of the lie, you could also face deportation proceedings if it is determined that your citizenship was obtained through fraudulent means.
3. Honest Mistakes vs. Intentional Lies
It’s crucial to differentiate between an honest mistake and an intentional lie. If you genuinely misremembered or misunderstood a question, this may not constitute perjury. However, if it can be shown that you knowingly provided false information, then legal repercussions could follow.
4. Legal Representation
If you find yourself in a situation where you may have inadvertently lied during the oath ceremony, it is advisable to consult with an immigration attorney. They can help assess your situation and guide you on how to proceed to mitigate potential consequences.
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your U.S. citizenship oath ceremony straightforward and successful. Whether you’re applying for an Immigrant Visa or a Non-Immigrant visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
