USCIS issues Policy Memo regarding eligibility for modification of oath of allegiance for Naturalizations
/On November 19, 2021, USCIS announced an update to policy guidance in the USCIS Policy Manual to clarify guidance related to requests for modifications to the Oath of Allegiance.
During the naturalization interview, an applicant signs the naturalization application to acknowledge the applicant’s willingness and ability to take the Oath of Allegiance. An applicant may be eligible for a modification of the oath based on religious, moral, or ethical beliefs. Qualification for the modification is not dependent upon membership in a particular religious group, nor does membership in a specific religious group provide an automatic modification to the oath. However, the applicant must have a sincere and meaningful belief that has a place in the applicant’s life that is equivalent to that of a religious belief. An officer must not question the validity of what an applicant believes or the existence or truth of the concepts in which the applicant believes.
This policy guidance is intended to clarify the following:
Officers should not conclude that an applicant is ineligible for the oath modification if the applicant fails to provide oral testimony or other evidence at the interview.
If a naturalization applicant expresses a desire for a modification of the Oath of Allegiance during the naturalization interview but does not provide any oral testimony or other evidence to qualify for such modification, the officer should issue a Request for Evidence to provide the applicant an opportunity to provide testimony, a statement, or submit evidence to establish eligibility for such modification.
This update is in Volume 12 of the Policy Manual and is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance on the topic.
