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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Private Oath Ceremony

    I have just had my citizenship interview and was told that my application will be recommended for approval. My father-in-law is a judge and offered to perform the swearing-in ceremony. I wanted to find out if this is a possibility and what kind of paper work would you need to file to get this done?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Private Oath Ceremony

    Review the following statutes:
    Quote Quoting 8 USC § 1448. Oath of renunciation and allegiance
    (a) Public ceremony

    A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 1421(b) of this title an oath
    (1) to support the Constitution of the United States;

    (2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;

    (3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic;

    (4) to bear true faith and allegiance to the same; and

    (5)
    (A) to bear arms on behalf of the United States when required by the law, or

    (B) to perform noncombatant service in the Armed Forces of the United States when required by the law, or

    (C) to perform work of national importance under civilian direction when required by the law. Any such person shall be required to take an oath containing the substance of clauses (1) to (5) of the preceding sentence, except that a person who shows by clear and convincing evidence to the satisfaction of the Attorney General that he is opposed to the bearing of arms in the Armed Forces of the United States by reason of religious training and belief shall be required to take an oath containing the substance of clauses (1) to (4) and clauses (5)(B) and (5)(C) of this subsection, and a person who shows by clear and convincing evidence to the satisfaction of the Attorney General that he is opposed to any type of service in the Armed Forces of the United States by reason of religious training and belief shall be required to take an oath containing the substance of said clauses (1) to (4) and clause (5)(C). The term “religious training and belief” as used in this section shall mean an individual’s belief in a relation to a Supreme Being involving duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code. In the case of the naturalization of a child under the provisions of section 1433 of this title the Attorney General may waive the taking of the oath if in the opinion of the Attorney General the child is unable to understand its meaning. The Attorney General may waive the taking of the oath by a person if in the opinion of the Attorney General the person is unable to understand, or to communicate an understanding of, its meaning because of a physical or developmental disability or mental impairment. If the Attorney General waives the taking of the oath by a person under the preceding sentence, the person shall be considered to have met the requirements of section 1427 (a)(3) of this title with respect to attachment to the principles of the Constitution and well disposition to the good order and happiness of the United States.
    (b) Hereditary titles or orders of nobility

    In case the person applying for naturalization has borne any hereditary title, or has been of any of the orders of nobility in any foreign state, the applicant shall in addition to complying with the requirements of subsection (a) of this section, make under oath in the same public ceremony in which the oath of allegiance is administered, an express renunciation of such title or order of nobility, and such renunciation shall be recorded as a part of such proceedings.

    (c) Expedited judicial oath administration ceremony

    Notwithstanding section 1421 (b) of this title, an individual may be granted an expedited judicial oath administration ceremony or administrative naturalization by the Attorney General upon demonstrating sufficient cause. In determining whether to grant an expedited judicial oath administration ceremony, a court shall consider special circumstances (such as serious illness of the applicant or a member of the applicant’s immediate family, permanent disability sufficiently incapacitating as to prevent the applicant’s personal appearance at the scheduled ceremony, developmental disability or advanced age, or exigent circumstances relating to travel or employment). If an expedited judicial oath administration ceremony is impracticable, the court shall refer such individual to the Attorney General who may provide for immediate administrative naturalization.

    (d) Rules and regulations

    The Attorney General shall prescribe rules and procedures to ensure that the ceremonies conducted by the Attorney General for the administration of oaths of allegiance under this section are public, conducted frequently and at regular intervals, and are in keeping with the dignity of the occasion.
    Quote Quoting 8 USC § 1421. Naturalization authority
    (a) Authority in Attorney General

    The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General.

    (b) Court authority to administer oaths
    (1) Jurisdiction

    Subject to section 1448 (c) of this title—
    (A) General jurisdiction

    Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under section 1448 (a) of this title administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligible court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court.

    (B) Exclusive authority

    An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under section 1448 (a) of this title to persons residing within the jurisdiction of the court during the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to such persons during such period.
    (2) Information
    (A) General information
    In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General—
    (i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and

    (ii) the Attorney General—
    (I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary to administer the oath of allegiance under section 1448 (a) of this title, and

    (II) shall promptly forward to the court a certificate of naturalization (prepared by the Attorney General).
    (B) Assignment of individuals in the case of exclusive authority

    If an eligible court has provided notice under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time of the approval of the person’s application for naturalization, of—
    (i) the court’s exclusive authority to administer the oath of allegiance under section 1448 (a) of this title to such a person during the period specified in paragraph (3)(A)(i), and

    (ii) the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies.
    If more than one eligible court in an area has provided notice under paragraph (1)(B), the Attorney General shall permit the person, at the time of the approval, to choose the court to which the information will be forwarded for administration of the oath of allegiance under this section.
    (3) Scope of exclusive authority
    (A) Limited period and advance notice required
    The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person—
    (i) only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and

    (ii) only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies.
    (B) Authority of Attorney General

    Subject to subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a) of this section during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible court under this subsection with respect to that person.

    (C) Waiver of exclusive authority

    Notwithstanding the previous provisions of this paragraph, a court may waive exclusive authority to administer the oath of allegiance under section 1448 (a) of this title to a person under this subsection if the Attorney General has not provided the court with the certification described in subparagraph (A)(i) within a reasonable time before the date scheduled by the court for oath administration ceremonies. Upon notification of a court’s waiver of jurisdiction, the Attorney General shall promptly notify the applicant.
    (4) Issuance of certificates

    The Attorney General shall provide for the issuance of certificates of naturalization at the time of administration of the oath of allegiance.

    (5) Eligible courts

    For purposes of this section, the term “eligible court” means—
    (A) a district court of the United States in any State, or

    (B) any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited.
    (c) Judicial review

    A person whose application for naturalization under this subchapter is denied, after a hearing before an immigration officer under section 1447 (a) of this title, may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application.

    (d) Sole procedure

    A person may only be naturalized as a citizen of the United States in the manner and under the conditions prescribed in this subchapter and not otherwise.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Private Oath Ceremony

    Thank you for the help.
    SCM

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