(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.
[22 FR 9824, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 3, 1959; 32 FR 13756, Oct. 3, 1967; 56 FR 50499, Oct. 7, 1991]
Notes of Decisions
Perrier-Bilbo v. United States, 954 F.3d 413 (1st Cir. 2020).
· cites it 8× “§ 1448 (a); 8 C.F.R. § 337.1 (a). The Department of Homeland Security nationality regulations provide the language of the oath, which concludes: "I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”
Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (2004).
· cites it 2× “§ 502 ; 8 CFR § 337.1 (2004). Many of our patriotic songs contain overt or implicit references to the divine, among them: America ("Protect us by thy might, great God our King"); America the Beautiful ("God shed his grace on thee"); and God bless America.”
Ajlani v. Chertoff, 545 F.3d 229 (2d Cir. 2008).
“The statute’s implementing regulations similarly identify the taking of a public oath as a prerequisite for naturalization, see 8 C.F.R. § 337.1 (“[A]n applicant for naturalization shall, before being admitted to citizenship, take in a public ceremony .”
United States v. Phoday Phattey, 943 F.3d 1277 (9th Cir. 2019).
“He took the Oath of Allegiance on August 20, 2010, see 8 C.F.R. § 337.1 , and was issued a certificate of naturalization.”
Iasu v. Smith, 511 F.3d 881 (9th Cir. 2007).
“The government cites several out-of-circuit eases indicating, on the merits, that Iasu’s claim to citizenship would fail because he did not complete the naturalization process’s “public ceremony” requirement set forth in 8 U.”
Escaler v. Us Citizenship & Immigr. Servs., 582 F.3d 288 (2d Cir. 2009).
“§ 1448 (a); 8 C.F.R. § 337.1 . It is undisputed that, as of May 18, 1993, the date of his examination hearing, appellant had successfully completed (i)-(v) of these steps, and that the INS examiner approved appellant's application the same day.”
Al-Maleki v. Holder, 558 F.3d 1200 (10th Cir. 2009).
“§ 1448 (a); 8 C.F.R. § 337.1 (a). The oath of allegiance is a prerequisite to obtaining citizenship.”
Castracani v. Chertoff, 377 F. Supp. 2d 71 (D.D.C. 2005).
“” 8 C.F.R. § 337.1 . When BCIS either denies or fails to make a determination on the naturalization application within 120 days of the examination, the applicant may appeal to the appropriate district court for a hearing.”
Morales v. Chadbourne, 996 F. Supp. 2d 19 (D.R.I. 2014).
“8 C.F.R. § 337.1 (a) (2012). The history of the United States is in part made of the stories, talents, and lasting contributions of those who crossed oceans and deserts to come here.”
Sampathkumar v. Holder, 573 F. App'x 55 (2d Cir. 2014).
“§ 1448 ; see also 8 C.F.R. § 337.1 . In the event that derogatory information concerning an applicant surfaces after her application has been granted, but before she has taken the oath, she may be excluded from the public ceremony and thus prevented from obtaining naturalization.”
Escaler v. United States Citizenship & Immigr. Servs., 582 F.3d 288 (2d Cir. 2009).
“§ 1448 (a); 8 C.F.R. § 337.1 . It is undisputed that, as of May 18,1993, the date of his examination hearing, appellant had successfully completed (i)-(v) of these steps, and that the INS examiner approved appellant’s application the same day.”
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