Published: November 25, 2021
An immigrant must recite the Oath of Allegiance to the United States as part of the naturalization process. Reciting the oath has been a long-standing tradition as early as the 18th century. In effect, an immigrant relinquishes their old citizenship and pledges loyalty to the U.S. Constitution and all its laws.
Contents of the Oath
The entirety of the oath is in Section 337(a) of the Immigration and Nationality Act (INA). In summary, it recites supporting the American Constitution and defending it against all enemies, whether it be domestic or foreign. Consequently, citizens may need to bear arms on behalf of the United States, perform noncombatant service in the Armed Forces, or render work of national importance under civilian direction.
Modification of Oath
Applicants may opt for a modification of their oath because of religious, moral, or ethical beliefs. Applicants do not have to belong to any religious group or organization to raise this concern. However, they must express their sincere and meaningful belief that they believe or belong to something of an equivalent presence instead of religious membership.
Eligibility for the Oath
If an applicant opts to modify their oath, they must provide oral testimony or other evidence at the interview. However, immigration officers should not immediately conclude that applicants are ineligible for the oath modification when they fail to do so.
Lack of Oral Testimony or Evidence
Suppose applicants do not provide any oral testimony or other evidence to qualify for oath modification. In that case, the attending immigration officer should issue a Request for Evidence for that matter.
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(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)