Agreeing to bear arms?

Folks, I am troubled by this.. As i posted earlier, OP wants to enjoy full benefits and freedoms of being US citizen, however, IP do not want to take a responsibility for defending this country ....is it too much to ask?

Just imagine this...OP wants to become part of “new country " with all benefits and rights but OP does not want to protect his/her new country when needed/asked for or when the country is under attack from enemies (foreign, domestic)....If this is OP's true intent, I wonder why, OP should be eligible for citizenship.

Yes, you may say that some wars could be unjust/etc and but the world is not perfect..you take risk with everything (job, marriage, etc)...The difference here is that as the citizen you will have a right to influence the government decision/politics by voting and being elected.

There can be reasonable disagreement over political opinion, but the fact of the matter is that the USCIS rules allow for a modified oath when the applicant meets certain criteria, sanctioned by several Supreme Court decisions. You may not agree with it, but the original question raised by the OP was regarding whether it is possible to get the oath modified, and it is.

Someone who swears the modified oath is no lesser citizen than someone who swears the full oath.
 
please Help

What if my wife is Christian but does not attend Church regularly nor does she attend any one congregation when she does go? If she doesn't get a letter from a pastor can she really be denied? What about freedom of religion? I'm agnostic, does that mean I wouldn't be eligible if I weren't born here? What can we do for her?


Thanks


If you do that, you would still be challenged on question 37. Question 38 actually refers to a different categorization of Conscientious Objector in parallel to what is done with COs in the armed forces, i.e., someone who would still be in the armed forces but not in a combat role.

You still need a supporting letter from either a religious organization (who knows how to write them, see my earlier links) or an organization that supports COs (such as the Center on Conscience & War). "Religious" in this case can also mean "sincere, meaningful and deeply held beliefs". You can bring the letter to the interview, no need to send it with the application. However, as I said, you will need to be prepared for some head wind and do your homework, since most IOs know very little and sometimes also get incorrect advice from their supervisor (as in my case). So you need to be prepared to tell them politely but firmly that they are wrong in their interpretation of the rules. Needless to say, the rest of your case should be straightforward, since you will likely antagonize the IO.

From the Adjudicator's Field Manual:


(2) Under current statute; exemptions . (I) Prerequisites . To qualify for the exemption from the
promises to bear arms and to perform noncombatant service, a petitioner must show each of the
following; 19/ (1) that he is "opposed to any type of service"; 19a/ (2) that his objection is grounded in
religious principles, as construed by the Supreme Court in Welsh v. U.S. , 398 U.S. 333 (1970), and
U.S. v. Seeger , 280 U.S. 163 (1965); and (3) that his beliefs are sincere, meaningful, and deeply held.
19b / The three tests are cumulative and each must be satisfied. 19c/
 
What if my wife is Christian but does not attend Church regularly nor does she attend any one congregation when she does go? If she doesn't get a letter from a pastor can she really be denied? What about freedom of religion? I'm agnostic, does that mean I wouldn't be eligible if I weren't born here? What can we do for her?


Thanks

You or your wife can still get a letter from a secular organization that attests that your "beliefs are sincere, meaningful, and deeply held". The objections based on religious principles includes this secular reasoning, as construed by the Supreme Court in Welsh v. U.S. , 398 U.S. 333 (1970), and U.S. v. Seeger , 280 U.S. 163 (1965).

You can contact the Center on Conscience & War, for example. I would not recommend showing up at the interview without a well worded support letter from such an organization, since most IOs are ignorant about these subtleties or even hostile to the concept of the modified oath.
 
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