Letter of explanation for Modified Oath

J

javacafe

Registered Users (C)
I have my interview coming up next week. At the interview, I would like to request a modified oath. Here, in Texas, I am being advised against that course of action because (1) this is Texas, and (2) at my DO, they offer an Oath on the day of the interview about 70% of the time; and, a modified oath request may derail that possibility.

Regardless, this is important enough for me to at least consider it at this stage. The following is the content of the letter I plan to take with me. Would you please critique it, and offer me suggestions in this regard.

Thank you so much for your attention.

***​

ATTACHMENT TO QUESTION 36​

In order to be completely truthful while taking my Oath of Allegiance, I would like to request that it be modified by leaving out the final words, “so help me God,” because I do not profess a belief in any deity which concerns itself with the fate and emotions of human beings. I have no reservations about any other portion of the Oath.

I am making this request, based on the following two documents:

(1) Chapter 5 (What Should I Expect From the Naturalization Process) of the UCIS publication, “A Guide to Naturalization”, which states, in part:

Request a Modified Oath. If you are unwilling to take the Oath of Allegiance in its entirety, you must provide a written notice either at the time of filing or at your scheduled interview explaining the circumstances for you request to take a modified Oath of Allegiance. The written notice must identify the words in the Oath of Allegiance that you wish to be exempted from reciting and provide an explanation as to why the words are against your religious training.

[ . . . ]

For example, you may be unwilling to recite the words ‘so help me God’ in the Oath of Allegiance because of your religious training and belief. Consequently, you may provide to USCIS a written nitice to request a modified Oath of Allegiance which refrains from reciting ‘so help me God.’​

(2) § 1337.1 Oath of allegiance ( SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 1337-OATH OF ALLEGIANCE \ § 1337.1 Oath of allegiance), which states, in part:

When a petitioner or applicant for naturalization, by reason of religious training and belief (or individual interpretation thereof), or for other reasons of good conscience, cannot take the oath prescribed in paragraph (a) of this section with the words "on oath" and "so help me God" included, the words "and solemnly affirm" shall be substituted for the words "on oath," the words "so help me God" shall be deleted, and the oath shall be taken in such modified form.​


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Yes you can take a modified Oath, just get the regulatory citation correct and explain your reason(s). Atheist, agnostic, other religious rule of the particular faith that governs your reques,. OR if you can have some other personal reason or interpretation. Freedom "of religion" encompasses freedom "from religion" as well.

8 CFR § 337.1 Oath of allegiance.

(a) Form of oath. Except as otherwise provided in the Act and after receiving notice from the district director that such applicant is eligible for naturalization pursuant to §335.3 of this chapter, an applicant for naturalization shall, before being admitted to citizenship, take in a public ceremony held within the United States the following oath of allegiance, to a copy of which the applicant shall affix his or her signature:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.

(b) Alteration of form of oath; affirmation in lieu of oath. In those cases in which a petitioner or applicant for naturalization is exempt from taking the oath prescribed in paragraph (a) of this section in its entirety, the inapplicable clauses shall be deleted and the oath shall be taken in such altered form. When a petitioner or applicant for naturalization, by reason of religious training and belief (or individual interpretation thereof), or for other reasons of good conscience, cannot take the oath prescribed in paragraph (a) of this section with the words “on oath” and “so help me God” included, the words “and solemnly affirm” shall be substituted for the words “on oath,” the words “so help me God” shall be deleted, and the oath shall be taken in such modified form. Any reference to ‘oath of allegiance’ in this chapter is understood to mean equally ‘affirmation of allegiance’ as described in this paragraph.

(c) Obligations of oath. A petitioner or applicant for naturalization shall, before being naturalized, establish that it is his or her intention, in good faith, to assume and discharge the obligations of the oath of allegiance, and that his or her attitude toward the Constitution and laws of the United States renders him or her capable of fulfilling the obligations of such oath.

(d) Renunciation of title or order of nobility. A petitioner or applicant for naturalization who has borne any hereditary title or has been of any of the orders of nobility in any foreign state shall, in addition to taking the oath of allegiance prescribed in paragraph (a) of this section, make under oath or affirmation in public an express renunciation of such title or order of nobility, in the following form:

(1) I further renounce the title of (give title or titles) which I have heretofore held; or

(2) I further renounce the order of nobility (give the order of nobility) to which I have heretofore belonged.
 
I had my oath modified, albeit omitting the bearing of arms parts and the religious affirmation, which requires more paperwork, and IOs are usually not familiar with it. However, this was in New York, not Texas, so I am not sure what obstacles you might encounter with your local flavor of IOs.

To be on the safe side, I would bring a printout of the applicable rules and show them only if you encounter push back. As you noted, you might not get your oath the same day (in my case they took 120 days and only acted after I got a senator's office involved), but you will prevail. Stay friendly but firm, and be prepared for a somewhat tense interview. (You should also be sure that everything else in your application is straightforward, since a grumpy IO might not use his discretion in your favor regarding another issue.)

See also for example:

http://www.kkeane.info/naturalization-oath-and-religion.html
 
Thank you both for the replies. I am torn between doing what is right by my conscience (keeping the State away from my relationship with the divine) and risking a seemingly endless delay to get the oath. A delayed oath will affect me in terms of travel plans in summer, affecting not only myself, but members of my (extended) family, who, by the way, think I am nuts for even considering this. :-/

Now, here is the question, do any of you have a personal experience of a same-day oath being postponed because of a request for a modified oath? A response to this is unlikely. But, I had to ask.
 
javacafe said:
Thank you both for the replies. I am torn between doing what is right by my conscience (keeping the State away from my relationship with the divine) and risking a seemingly endless delay to get the oath. A delayed oath will affect me in terms of travel plans in summer, affecting not only myself, but members of my (extended) family, who, by the way, think I am nuts for even considering this. :-/

Now, here is the question, do any of you have a personal experience of a same-day oath being postponed because of a request for a modified oath? A response to this is unlikely. But, I had to ask.
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I don't have any experience or recollect reading any posts here regarding postponement of same day oath due to the request for oath modification.

The request to have the religious affirmation omitted is (or I should say "should be") less involved than the request for the omission of the bearing arms part, since all that is needed is your request, no additional documentation.

Ultimately, only you can decide whether it is important enough for you to go ahead with this and potentially suffer a delay. Another option would be to just not speak these words at the oath ceremony. However, since the full oath would still be on the document you signed, it is less "pure" than asking for a modification.
 
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