\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 337 -- OATH OF ALLEGIANCE \ § Sec. 337.8 Oath administered by the courts.
Previous Document Next Document
Sec. 337.8 Oath administered by the courts.
(Section revised effective 11/28/2011,
) (Previous section 337.8 revised 7/24/95,
Notification of election
. An applicant for naturalization not subject to the exclusive jurisdiction of §
must notify USCIS at the time of the filing of, or no later than at the examination on, the application of his or her election to have the oath of allegiance administered in an appropriate court having jurisdiction over the applicant's place of residence.
Certification of eligibility
Exclusive jurisdiction. In those instances falling within the exclusive jurisdiction provision of Section
of the Act, USCIS will notify the court of the applicant's eligibility for admission to United States citizenship by
notifying the clerk of court within ten (10) days of the approval of the application.
Non-exclusive jurisdiction. In those instances in which the applicant has elected to have the oath administered in a court ceremony,
USCIS will notify the clerk of court in writing that the applicant has been determined by the
USCIS to be eligible for admission to United States citizenship upon taking the requisite oath of allegiance and renunciation in a public ceremony. If a scheduled hearing date is not available at the time of the notification,
USCIS will notify the applicant in writing that the applicant has been approved but no ceremony date is yet available.
Preparation of lists
At or prior to the oath administration ceremony, the representative attending the ceremony shall submit to the court, in duplicate, lists of persons to be administered the oath of allegiance and renunciation. After the ceremony, and after any required amendments and notations have been made
to the lists, the clerk of the court will sign the lists.
The originals of all court lists specified in this section shall be filed permanently in the court, and the duplicates returned by the clerk of court to
USCIS. The same disposition shall be made of any list presented to, but not approved by, the court.
Personal representation of the government at oath administration ceremonies
. An oath administration ceremony
must be attended by a representative of USCIS, who will review each completed questionnaire
and may further question the applicant regarding the responses provided. If derogatory information
is revealed, the USCIS representative will remove the applicant's name from the list of eligible persons as provided in §
and the court shall not administer the oath to such applicant.
Written report in lieu of personal representation
. If it is impracticable for a
USCIS representative to be present at a judicial oath administration ceremony, written notice of that fact shall be given by the
USCIS to the court. The list of persons to be administered the oath of
allegiance and renunciation, forms, memoranda, and certificates will be transmitted to the clerk of
the court, who will submit the appropriate lists to the court.
Withdrawal from court. An applicant for naturalization not subject to the exclusive jurisdiction of
§ 310.3(d), who has elected to have the oath administered in a court oath ceremony, may, for good cause shown, request that his or her name be removed from the list of persons eligible to be administered the oath at a court oath ceremony and request that the oath be administered by an Immigration Judge or
USCIS. Such request shall be in writing to the USCIS office which granted the application and
must cite the reasons for the request. USCIS will consider the good cause shown and the best interests of the applicant in making a decision. If it is determined that the applicant
will be permitted to withdraw his or her name from the court ceremony, USCIS will give written notice to the court of the applicant's withdrawal, and the applicant
will be scheduled for the next available oath ceremony, conducted by an Immigration Judge or
USCIS, as if he or she had never elected the court ceremony. (Previous paragraph
(f) revised 7/24/95;
60 FR 37803)